PLATFORM GENERAL DESCRIPTION

The terms and conditions regulate all use of the Platform including any use or viewing of any content, services or products available at or through the Platform (collectively, “Services” ), by Platform visitors and learners both unregistered and registered ( “users”, “you”, “your” ). This agreement hereby incorporates by this reference any additional terms, conditions or policies referenced herein or otherwise made available to you by ZACRAC LEARNING. Your use of our services is also subject to our Cookie policy and our Privacy Policy. If you wish to terminate this contract at any time, you can do so by closing your account and no longer accessing our Services.

MODIFICATION OF TERMS

We reserve the right to modify at any time, partially or in total, the Terms & Conditions, the website features, services provided, the Platform’s functionalities as well as the Platform’s website, without justification and without any prior notice to you. Note that these changes do not affect rights and obligations that arose prior to such changes. However, your continued use of our Services following the posting of modified terms will be deemed as acceptance of the changes effected and you shall be subject to the Terms in effect at the time of your use. If you object to any provision of these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate the use of Our Website. Please review these Terms and Conditions periodically.

ACCOUNT REGISTRATION

To utilize our services, or certain portions of it, you may be required to complete a registration form in order to establish an account (“User Account”). You must be within the eligible age of your jurisdiction to obtain an account, unless a specific service permits otherwise. You represent that all information provided by you is correct, accurate, complete and up-to-date information. It is your responsibility to inform us of any changes to that information. Unless otherwise permitted by us, each registration is for a single account. We do not permit anyone other than you to have access to your registered account. You are responsible for anything that happens through your account unless you close it or report a misuse. You cannot access your account on more than 3 devices. Where we notice any access to your account from more than the permitted number of devices, your account shall be automatically locked. The collection, use and sharing of our Services, the collection, use and sharing of your personal data are subject to our Privacy Policy.

PASSWORD AND SECURITY

As a registered user, you may be asked upon registration to register a username and password. You are solely responsible for maintaining the confidentiality and security of your passwords and User Account and agree not to disclose such to a third party. ZACRAC LEARNING is in no way liable for any claims or losses related to the use or misuse of your password or User Account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security. You agree to notify us immediately if you become aware of any unauthorized use of your Account.

CONSENT TO RECEIVE MESSAGES

By creating an account, you agree that you may receive communications from us such as newsletters, special offers and account reminders and updates through our websites and any contact information you provide us (e.g., email, mobile number, physical address). You also understand that you can remove yourself from these communications by clicking the “unsubscribe” link in the footer of the actual message or on the website.

SUBSCRIPTION

We provide subscriptions for some of our services. Subscription cannot be rolled over. You acknowledge that upon the expiration of your subscription, you will be automatically logged out of the service. See thepayment policy for more details.

PAYMENT

You understand that the use of the services may result in charges to you for the services or products you receive (“charges”). We will receive and/or enable your payment of the applicable charges for services or products obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. You are responsible for paying all fees charged and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid services. You agree to pay all charges associated with your use of the Services. You acknowledge that failure to make payment as at when due may amount to a breach of these Terms. All charges and payments will be enabled by ZACRAC LEARNING through Third-Party Payment Systems. ZACRAC LEARNING does not store any payment information. See the Payment Policy for more details on payment.

PROMOTIONAL OFFERS

We may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or products obtained through the use of our Services. You agree that such promotional offers and discounts unless also made available to you shall have no bearing on your use of the Services or the Charges applied to you.

REFUND POLICY

We offer a full money back guarantee for some of the purchases made on our website. You may elect to cancel your request for our Services prior to the commencement. Please note that our policies differ in respect to the services we offer and the payment method involved. See the Refund Policy for more details.

USER GENERATED CONTENT

We may in our sole discretion permit you from time to time to submit, upload, publish or otherwise make available to us through the Services textual, audio, and/or visual content and information including but not limited to eLearning material, questions asked, commentary, suggestions, feedback related to the services, posts in our community forum on or through the services, including our blog pages, message boards, comment or discussion features, chat rooms and forums (“user generated content” or “UGC”). Any user generated content provided by you remains your property. However by providing content to us, you grant us a worldwide, perpetual, non-exclusive, irrevocable, transferrable, royalty-free license with the right to sub-license, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, edit, translate, reformat digital or non-digital content, to incorporate into a collective work and otherwise exploit in any manner such UGC in all formats and distribution channels now known or hereafter devised (including in connection with the services and our business and third party sites and services) without further notice to or consent from you and without the requirement of payment to you or any other person or entity. We reserve the right (but not obligatory) to review any contributed content or to monitor submissions to determine compliance with these Terms and any operating rules to satisfy any law, regulation or authorized government request. We are not responsible for the content, accuracy or compliance with relevant laws or regulations of any submission that contains content not owned by us.

USER REPRESENTATIONS AND WARRANTIES:

By posting any content, you represent and warrant that:

1. The UGC shall be relevant to our Services.

2. You either are the sole and exclusive owner of all UGC or you have all rights, licenses, consents and releases necessary to grant us the license to the content.

3. Neither the UGC, nor your submissions, uploading, publishing or otherwise making available of such UGC nor our use of the UGC as permitted herein will infringe, misappropriate or violate a third party’s Intellectual Property or proprietary rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

4. You shall not provide UGC that is false, misleading, defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive.

5. You shall not post anything that contains malware, software viruses, worms, Trojan horses or any other harmful code.

6. You shall comply with relevant laws and regulations that apply to your use of the services including Copyright laws, privacy laws etc. You further warrant that by using the site:

   1. You shall not use our website in any manner intended to damage, disable, overburden, or impair any of our servers or the networks connected to any of our servers or to interfere with any other party’s use and enjoyment of the site.

   2. You may not attempt to gain unauthorized access to the ZACRAC LEARNING Website, other accounts, computer systems or network connected to any of our servers through hacking, password mining or any other means.

   3. You may not obtain or attempt to obtain any materials or information stored on the ZACRAC LEARNING Website, our servers or associated computers through any means not intentionally made available through the site.

   4. You shall not scrape, or otherwise download in bulk, any ZACRAC LEARNING Website content, including but not limited to a list of or directory of users on the system, UGC or user information, course materials or trademarks or logos.

LICENSE WE GRANT YOU:

Subject to your compliance with these Terms and the referenced terms and policies where applicable, ZACRAC LEARNING grants to you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and use any content, information and related materials that may be made available to you, through the services, solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by ZACRAC LEARNING and ZACRAC LEARNING’S licensors. You may not take any material from this website and reformat, repost or re-display it for commercial purpose or for non-commercial purposes.

GRANT OF CERTIFICATES

You will be entitled to a certificate upon the completion of your learning program with ZACRAC LEARNING. Notwithstanding, we also offer verified certificates to Learners who have signed up for and achieved the requirements associated with the verified certificate paid service. Subject to the foregoing, you will be required to pay a fee and complete the ID verification process. Such verified certificates shall include ZACRAC LEARNING’S logo. Except as otherwise expressly granted in this Agreement, no license or other rights under a Party's intellectual property rights is granted to the other Party, by implication, estoppel or otherwise.

INTELLECTUAL PROPERTY RIGHTS:

INDEMNITY:

You acknowledge and agree to indemnify and hold ZACRAC LEARNING, its affiliates, officers, employees and agents, harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of your use of the platform or the services, your violation of these Terms, or the infringement by you or any under your account, of any intellectual property or other right of any person or entity.

DISCLAIMERS

WE PROVIDE ALL SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ON THIS PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED ON THE AVAILABILITY, SUITABILITY, RELIABILITY, LEGALITY, ACCURACY, TIMELINESS, SECURITY AND LACK OF ERRORS ON OUR SERVICES, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES MADE AVAILABLE TO YOU THROUGH OUR WEBSITE UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR CONDITION, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE OR ELECTRONIC COMMUNICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

To the full extent permissible by law, under no circumstances will ZACRAC LEARNING be held liable for any loss or damages of whatever nature (direct, indirect, punitive, incidental, consequential or other) whether arising in contract, tort, warranty or otherwise, which may arise as a result of your use of (or inability to use) this website, or from your use of (or failure to use) the information, content, materials, products or other services on this website or due to interruptions on the use of the website or delay or failure of the company to provide any services, unless otherwise specified in writing.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. WE DO NOT GUARANTEE NEITHER DO WE ACCEPT ANY RESPONSIBILITY OR LIABILITY (DIRECTLY OR INDIRECTLY), FOR ANY DAMAGE OR LOSS ARISING FROM YOUR ACCESS OR USE OF OR RELIANCE ON ANY SUCH CONTENTS OR SERVICES AVAILABLE ON OR THROUGH SUCH THIRD-PARTY SITE.

TERMINATION

You agree that ZACRAC LEARNING may terminate, in its sole discretion your use of the website or your participation in it, for any reason or for no reason upon notice to you. It is ZACRAC LEARNING’S policy to terminate in appropriate circumstances the accounts of users who are infringers of Intellectual Property rights. You can also terminate this contract upon notice to ZACRAC LEARNING and deleting your account with ZACRAC LEARNING. On termination, you lose the right to access or use the Services but the other provisions of this agreement will survive any such termination.

MANDATORY ARBITRATION

THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT. If there is a dispute, our SUPPORT TEAM is willing and available to resolve it. However, if that does not resolve the dispute, you can only bring a claim in final and binding arbitration. You agree that you waive your rights to pursue a claim against ZACRAC LEARNING for the actions or omissions and that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms will be settled by final and binding arbitration between you and ZACRAC LEARNING and not in a court of law.

GOVERNING LAW

These Terms shall be governed by and construed solely and exclusively by the Laws of the Federation of Nigeria without reference to its choice or conflict of law principles. The arbitration will be administered in accordance with the Arbitration and Conciliation Act Cap. A18, Laws of the Federation of Nigeria (“The Arbitration Act”) except as may be otherwise provided in supplemental terms.

NOTICE

ZACRAC LEARNING may give notice by means of a general notice on the Services, electronic mail to your mail address in your account, telephone or text message to any phone number provided in connection with your account or by written communication sent by first-class mail or pre-paid post to any address connected with your account. Such notice shall be deemed to have been received upon the expiration of 48hours after receipt of acknowledgment (if sent by first-class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone)

WAIVER:

Failure of ZACRAC LEARNING to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance. No part of these Terms shall be deemed waived and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consents to any other breach.

SEVERABILITY

Each of the paragraphs of these Terms operates separately. If any provision of this Agreement is, becomes, or is deemed invalid, illegal or unenforceable, such provision shall be deemed amended to conform to the applicable laws in line with the intent of the parties so as to be valid and enforceable. Where it cannot be amended without materially altering the intention of the parties hereto, it shall be deleted and the remainder of this agreement shall remain in full force and effect.

COMPLAINTS

In the event of any complaint in the use of our Services, whether regarding a transaction or a payment or access to a service or any other issue that may arise from your use of the Service, you may contact ZACRAC LEARNING directly by email sent to Support

ATTESTATION

You acknowledge that ticking the box referencing the terms and conditions of this agreement constitutes a legal signature confirming that you have reviewed AND AGREED to all terms contained in this agreement. I ACKNOWLEDGE THAT I HAVE READ THE ABOVE, UNDERSTAND SAME AND AGREE TO BE LEGALLY BOUND BY ALL TERMS OF THIS AGREEMENT.