Our Terms & Condition
Terms & Conditions of somasmart
In General
Somasmart Online Learning Platform
(“https://www.somasmart.co.ke/”), is owned and operated by somasmart solutions.
This document governs your relationship with https://somasmart.co.ke
(“Platform”). Access to and use of this Platform and the products and services
available through this Platform (collectively, the "Services") are
subject to the following terms, conditions and notices (the "Terms of
Service"). By using the Services, you are agreeing to all of the Terms of
Service, as may be updated by us from time to time. You should check this page
regularly to take notice of any changes we may have made to the Terms of
Service.
Access to this Platform is permitted on a temporary basis,
and we reserve the right to withdraw or amend the Services without notice. We
will not be liable if for any reason this Platform is unavailable at any time
or for any period. From time to time, we may restrict access to some parts or
all of this Platform.
This Platform may contain links to other Platforms (the
"Linked Sites"), which are not operated by somasmart. Somasmart has
no control over the Linked Sites and accepts no responsibility for them or for
any loss or damage that may arise from your use of them. Your use of the Linked
Sites will be subject to the terms of use and service contained within each
such site.
Privacy Policy
Our privacy policy, which sets out how we will use your
information, can be found at https://somasmart.co.ke/privacy-policy. By using
this Platform, you consent to the processing described therein and warrant that
all data provided by you is accurate.
Prohibitions
You must not misuse this Platform. You will not: commit or
encourage a criminal offense; transmit or distribute a virus, trojan, worm,
logic bomb or any other material which is malicious, technologically harmful,
in breach of confidence or in any way offensive or obscene; hack into any
aspect of the Service; corrupt data; cause annoyance to other users; infringe
upon the rights of any other person's proprietary rights; send any unsolicited
advertising or promotional material, commonly referred to as "spam";
or attempt to affect the performance or functionality of any computer
facilities of or accessed through this Platform. Breaching this provision would
constitute a criminal offense and Somasmart Solutions will report any such
breach to the relevant law enforcement authorities and disclose your identity
to them.
We will not be liable for any loss or damage caused by a
distributed denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer programs, data or
other proprietary material due to your use of this Platform or to your
downloading of any material posted on it, or on any Platform linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content
(including photographic images) made available to you on or through this
Platform remains the property of Somasmart Solutions or its licensors and are
protected by copyright laws and treaties around the world. All such rights are
reserved by Somasmart Solutions and its licensors. You may store, print and
display the content supplied solely for your own personal use. You are not
permitted to publish, manipulate, distribute or otherwise reproduce, in any
format, any of the content or copies of the content supplied to you or which
appears on this Platform nor may you use any such content in connection with
any business or commercial enterprise.
Terms of Sale
By placing an order, you are offering to purchase a product
or service on and subject to the following terms and conditions. All orders are
subject to availability and confirmation of the order price. Dispatch times may
vary according to availability and subject to any delays resulting from postal
delays or force majeure for which we will not be responsible. In order to
contract with us you must be over 18 years of age and possess a valid national
passport or identification card. Somasmart Solutions retains the right to
refuse any request made by you. If your order is accepted we will inform you by
email and we will confirm the identity of the party which you have contracted
with. This will usually be Somasmart Solutions or may in some cases be a third
party. Where a contract is made with a third party Somasmart Solutions is not
acting as either agent or principal and the contract is made between yourself
and that third party and will be subject to the terms of sale which they supply
you. When placing an order you undertake that all details you provide to us are
true and accurate, that you are an authorized user of the mobile money number
or bank account details shared with Somasmart Solutions Limited. The cost of
products and services may fluctuate. All prices advertised are subject to such
changes.
(a) Our Contract
When you subscribe to our platform, you will receive an
acknowledgement e-mail confirming receipt of your subscription: this email will
only be an acknowledgement and will not constitute acceptance of your
subscription. A contract between us will not be formed until we send you
confirmation by e-mail that you have been accepted to use the somasmart
eLearning platform.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and
prices which appear on this Platform are accurate, errors may occur. If we
discover an error in the price of any goods or services which you have
subscribed too, we will inform you of this as soon as possible and give you the
option of reconfirming your subscription at the correct price or cancelling it.
If we are unable to contact you we will treat the subscription as cancelled. If
you cancel and you have already paid for the services, you will receive a
refund based on the refund policy.
(c) Payment
Upon receiving subscription or course fees, learners will
start engaging with the instructors based on the agreed schedule and acceptable
period of time. Instructors will be allowed to withdraw monies owed to them
from the platform through a withdrawal feature upon ascertaining fulfilment of
the basic requirements.
Disclaimer of Liability
The material displayed on this Platform is provided without
any guarantees, conditions or warranties as to its accuracy. Unless expressly
stated to the contrary to the fullest extent permitted by law Jocsoft Solutions
Ltd and its suppliers, trainers, content providers and advertisers hereby
expressly exclude all conditions, warranties and other terms which might
otherwise be implied by statute, common law or the law of equity and shall not
be liable for any damages whatsoever, including but without limitation to any
direct, indirect, special, consequential, punitive or incidental damages, or
damages for loss of use, profits, data or other intangibles, damage to goodwill
or reputation, or the cost of procurement of substitute goods and services,
arising out of or related to the use, inability to use, performance or failures
of this Platform or the Linked Sites and any materials posted thereon,
irrespective of whether such damages were foreseeable or arise in contract,
tort, equity, restitution, by statute, at common law or otherwise. This does
not affect Somasmart Solutions liability for death or personal injury arising
from its negligence, fraudulent misrepresentation, misrepresentation as to a
fundamental matter or any other liability which cannot be excluded or limited
under applicable law.
Linking to this Platform
You may link to our home page, provided you do so in a way
that is fair and legal and does not damage our reputation or take advantage of
it, but you must not establish a link in such a way as to suggest any form of
association, approval or endorsement on our part where none exists. You must
not establish a link from any Platform that is not owned by you. This Platform
must not be framed on any other site, nor may you create a link to any part of
this Platform other than the home page. We reserve the right to withdraw
linking permission without notice.
Disclaimer as to ownership of trade marks, images of
personalities and third party copyright Except where expressly stated to the
contrary all persons (including their names and images), third party trademarks
and content, services and/or locations featured on this Platform are in no way
associated, linked or affiliated with Somasmart Solutions and you should not
rely on the existence of such a connection or affiliation. Any trade
marks/names featured on this Platform are owned by the respective trade mark
owners. Where a trade mark or brand name is referred to it is used solely to
describe or identify the products and services and is in no way an assertion
that such products or services are endorsed by or connected to Somasmart
Solutions.
Indemnity
You agree to indemnify, defend and hold harmless Somasmart
Solutions, its directors, officers, employees, consultants, agents, and
affiliates, from any and all third party claims, liability, damages and/or
costs (including, but not limited to, legal fees) arising from your use this
Platform or your breach of the Terms of Service.
Variation
Somasmart Solutions shall have the right in its absolute
discretion at any time and without notice to amend, remove or vary the Services
and/or any page of this Platform.
Invalidity
If any part of the Terms of Service is unenforceable
(including any provision in which we exclude our liability to you) the
enforceability of any other part of the Terms of Service will not be affected
all other clauses remaining in full force and effect. So far as possible where
any clause/sub-clause or part of a clause/sub-clause can be severed to render
the remaining part valid, the clause shall be interpreted accordingly.
Alternatively, you agree that the clause shall be rectified and interpreted in
such a way that closely resembles the original meaning of the clause
/sub-clause as is permitted by law.
Complaints
We operate a complaint handling procedure which we will use
to try to resolve disputes when they first arise, please let us know if you
have any complaints or comments. Waiver If you breach these conditions and we
take no action, we will still be entitled to use our rights and remedies in any
other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement
of the parties and supersede any and all preceding and contemporaneous
agreements between you and Somasmart Solutions. Any waiver of any provision of
the Terms of Service will be effective only if in writing and signed by a
Director of Somasmart Solutions.