Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

 

  1. TERMS AND CONDITIONS OF USE

 

  • These Terms and Conditions of Use (hereinafter “Statement” or “Terms”) (together with the documents referred to in it) are our terms of service which govern our relationship with users and persons who interact with Fanisi Academics.

 

  • By accessing the Fanisi Academics portal, you confirm that you accept these Terms and that you agree to comply with them. Additionally, you will find resources at the end of this document that help you understand how Fanisi Academics works.
  • Use of our site includes accessing, browsing, or registering to use the site.
  • Please read these Terms carefully before you start to use our site, as these will apply to your use of our site and the online services we offer. We recommend that you print a copy of this for future reference.
  • If you do not agree to these terms of use, you must not use site and our online services.
  • These Terms form an agreement between you and Fanisi Online Limited, the owner of Fanisi

Academy.

 

  1. OTHER APPLICABLE TERMS

 

  • These Terms refer to the following additional terms, which also apply to your use of our site:

 

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

 

  • If you purchase goods from our site, our Terms and Conditions of Sale will apply to the sales.

 

  1. DEFINITIONS

 

  • Active registered user” means a user who has logged into Fanisi Academics at least once in the preceding thirty (30) days.

 

  • API” means Application Programing Interface.

 

  • Application” means any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.  If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

 

  • Content” means anything you or other users post on Fanisi Academics that would not be included in the definition of information.

 

  • Data” or “User data” or “User’s data” means any data, including a user’s content or information that you or third parties can retrieve from Fanisi Academics or provide to Fanisi Academics through Platform.

 

  • Fanisi Academics” means the features and services we make available, including through:

 

  • our website at Fanisiacademics.com and any other Fanisi Academics branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions);

 

  • our Platform;

 

  • social plugins such as the ‘Like’ button, the ‘Share’ button and other similar offerings; and

 

  • other media, software (such as a toolbar), devices, or networks now existing or later developed.

 

  • Information” means facts and other information about you, including actions taken by users and non-users who interact with Fanisi Academics.

 

  • Intellectual property rights (IP content)” means the intellectual property rights described here below in Section 9.

 

  • Platform” means a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Fanisi Academics or provide data to us.

 

  • “Post” means means a post on Fanisi Academics or otherwise made available using Fanisi Academics.

 

  • “Site” means the Fanisi Academics online portal as better described in the definition of Fanisi Academics.

 

  • Use” means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of content from the online portal.

 

  1. INFORMATION ABOUT US

 

  • Fanisi Academics is wholly owned and operated by Fanisi Online Limited, a private company operating from Nairobi, Kenya and registered under the laws of the Republic of Kenya under company number CPR/2011/47633. Our registered office is at Kitisuru Nairobi.

 

  • The Fanisi Academics platform is a virtual community where users can chat and transact with other members, and interact and transact with Content created by third parties who are registered as Publishers with Fanisi Academics, using the Fanisi Academics Publisher /API or Publisher Interface.

 

  1. CHANGES TO THESE TERMS

 

  • We may revise these Terms at any time by amending this page in accordance with Section 25

below.

 

5.2  Please check this page from time to time to take notice of any changes we made, as they are

binding on you.

 

  1. CHANGES TO OUR SITE

 

  • We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

 

  • We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 

  1. ACCESSING OUR SITE

 

  • Our site is made available free of charge.

 

  • We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice.

 

  • We will not be liable to you if for any reason our site is unavailable at any time or for any period.

 

  • You are responsible for making all arrangements necessary for you to have access to our site.

 

  • You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

  1. YOUR ACCOUNT AND PASSWORD

 

  • If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

 

  • We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

 

  • If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@fanisionline.com

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

  • We are the owner and/or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and international treaties.  All such rights are reserved.

 

  • You may print one copy, and download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

 

  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

  • Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

 

  • You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

  • If you print, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

  1. CONTENT AND INFORMATION SHARING 

 

  • All content and information posted by you on Fanisi Academics is owned by you and sharing can be controlled through your privacy and application settings.

 

  • Additionally, you must be aware:

 

  • That for content covered by intellectual property rights (“IP content”) like photos and videos that you post on or in connection with Fanisi Academics; subject to your privacy and application settings, you specifically grant us the following permissions: a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license (“IP License”).

 

  • That the IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

 

  • When you delete any IP content, it should be deleted in a manner similar to emptying the recycle bin on a computer. However, you must understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  • When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require that applications are configured to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.  (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Use Policy and Platform Page.)

 

  • When you publish content or information using the Public setting, it means that you are allowing everyone, including people who are not on Fanisi Academics, to access and use that information, and to associate it with you (i.e., your name and profile picture).

 

  • Your feedback or other suggestions about Fanisi Academics is always appreciated, though you have no obligation to offer such feedback or suggestions; however we may use such feedback or suggestions without any obligation to compensate you for providing it/them.

 

  1. UPLOADING CONTENT TO OUR SITE

 

 

  • You warrant that any such contribution does comply with those standards, and you will

be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

11.3        Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

 

11.4        We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

 

11.5        We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

 

11.6        We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with our  content standards.

 

11.7        The views expressed by other users on our site do not represent our views or values.

 

  1. ONLINE SAFETY AND CONDUCT

 

  • We do our best to keep Fanisi Academics safe, but we cannot guarantee it. We need your

help to keep Fanisi Academics safe, which includes the following commitments by you:

 

  • You shall not post unauthorized commercial communications (such as spam) on Fanisi Academics.

 

  • You shall not collect users’ content or information, or otherwise access Fanisi Academics, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

 

  • You shall not engage in unlawful multi-level marketing, such as a pyramid or ‘Ponzi’ scheme, on Fanisi Academics.

 

  • You shall not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

 

  • You shall not solicit login information or access an account belonging to someone else.

 

  • You shall not bully, intimidate, or harass any user.

 

  • You shall not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

 

  • You shall not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

 

  • You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Fanisi Academics.

 

  • You shall not facilitate or encourage any violations of this Statement or our policies.

 

  • We do not guarantee that our site will be secure or free from bugs or viruses.

 

  • You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

 

  • You shall not use Fanisi Academics to do anything unlawful, misleading, malicious, or discriminatory.

 

 

  • You shall not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

 

  • You shall not do anything that could disable, overburden, or impair the proper working or appearance of Fanisi Academics, such as a denial of service attack or interference with page rendering or other Fanisi Academics functionality.

 

12.2        By breaching this provision, you would commit a criminal offence. We will report any

such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

  1. REGISTRATION AND ACCOUNT SECURITY

 

  • As Fanisi Academics users, you must provide your real names and information. Below are

some commitments you make to us relating to registering and maintaining the security of your account:

 

  • You will not provide any false personal information on Fanisi Academics, or create an

account for anyone other than yourself without our permission.

 

  • You will not create more than one personal account.

 

  • If we disable your account, you will not create another one without our permission.

 

  • You will not use your personal timeline primarily for your own commercial gain, or use a Fanisi Academics Page for such purposes.

 

  • You will not use Fanisi Academics if you are a convicted sex offender.

 

  • You will keep your contact information accurate and up-to-date.

 

  • You will not share your password (or in the case of developers, your secret key), nor let anyone else access your account, or do anything else that might jeopardize the security of your account.

 

  • You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.

 

  • If you select a username or similar identifier for your account or page, we reserve the right to remove or reclaim it if we believe it is inappropriate (such as when a trademark owner complains about a username that closely resembles their trademark name) or unlawful.

 

 

 

  1. PROTECTING OTHER PEOPLE’S RIGHTS

 

  • We respect other people’s rights and expect you to do the same. In this regard:

 

  • You will not post content or take any action on Fanisi Academics that infringes or violates someone else’s rights or otherwise violates the law.

 

  • We can remove any content or information you post on Fanisi Academics if we believe that it violates this Statement or our policies.

 

  • We will provide you with tools to help you protect your intellectual property rights.

 

  • If we remove your content for infringing someone else’s copyright, and you feel aggrieved, you will be provided with an opportunity to appeal.

 

  • If you repeatedly infringe other people’s intellectual property rights, your account will disabled.

 

  • You will not use our copyrights or trademarks (including “Fanisi Academics”, the “Fanisi Academics” and “F” Logos, or any similar marks, except as expressly permitted under our Brand Usage Guidelines or with our prior written permission.

 

  • If you collect information from users, you will: obtain their consent, make it clear you (and not Fanisi Academics) are the one collecting their information, and post a privacy policy explaining the information you collect and how you will use it.

 

  • You will not post anyone’s identification documents or sensitive financial information on Fanisi Academics.

 

  • You will not tag users or send email invitations to non-users without their consent. (Fanisi Academics offers social reporting tools to enable users to provide feedback about tagging.)

 

  1. MOBILE AND OTHER DEVICES

 

  • We currently provide our mobile services for free, but please be aware that your mobile

service provider’s normal charges, such as text messaging fees, will still apply.

 

  • In the event you change or deactivate your mobile telephone number, you will update

your account information on Fanisi Academics within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

 

  • You agree to provide consent and all rights necessary to enable users to sync (including

through an application) their devices with any information that is visible to them on Fanisi Academics.

 

  1. PAYMENTS

 

If you make a payment on Fanisi Academics or use Fanisi Academics Credits (“Michuzi”), you agree to our Payments Terms.

 

  1. SPECIAL PROVISIONS APPLICABLE TO:

 

17.1        SOCIAL PLUGINS 

 

  • The following additional terms apply if you include our Social Plugins, such as the “Share” or “Like” buttons on your website:

 

  • We give you permission to use Fanisi Academics’s Social Plugins so that users can

post links or content from your website on Fanisi Academics.

 

  • You give us permission to use and allow others to use such links and content on

Fanisi Academics.

 

17.1.1.3                You will not place a Social Plugin on any page containing content that would violate this Statement if posted on Fanisi Academics.

 

  • DEVELOPERS/OPERATORS OF APPLICATIONS AND WEBSITES

 

  • The following additional terms apply to a developer or operator of a Platform application or website:

 

  • You are responsible for your application, its content and all uses you make of

the Platform. This includes ensuring your application or use of Platform meets our Fanisi Academics Platform Policies and our Advertising Guidelines.

 

  • Your access to and use of data you receive from Fanisi Academics, will be limited

as follows:

 

  • You will request only the data you need to operate your application.

 

  • You will have a privacy policy that tells users which of their data you are going to use and how you will use, display, share, or transfer that data and you will include your privacy policy URL in the Developer Application.

 

  • You will not use, display, share, or transfer a user’s data in a manner inconsistent with your Privacy Policy.
  • You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.

 

  • You will not include data concerning a user that you received from us in any advertising creative.

 

  • You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any advertising network, advertising exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.

 

  • You will not sell user data.  If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.

 

  • We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations.

 

  • We can limit your access to data.

 

  • You will comply with all other restrictions contained in our Fanisi Academics Platform Policies.

 

  • You will not give us information that you independently collect from a user or a user’s content without that user’s consent.

 

  • You will make it easy for users to remove or disconnect from your application.

 

  • You will make it easy for users to contact you. You agree that we can share your email address with users and any person(s) claiming that you have infringed or otherwise violated their rights.

 

  • You will provide customer support for your application.

 

  • You will not show third party advertisements or web search boxes on our site.

 

  • We give you all rights necessary to use the code, APIs, data, and tools you receive from us.

 

  • You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.

 

  • You will not misrepresent your relationship with Fanisi Academics to others.

 

  • You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Fanisi Academics Platform Policies.

 

  • We can issue a press release describing our relationship with you.

 

  • You will comply with all applicable laws. In particular you will (if applicable):

 

  • have a policy for removing infringing content and terminating repeat infringers

which policy complies with relevant laws (both Kenyan and International); and

 

  • comply with the Video Privacy Protection (“VPPA”) laws, and obtain any opt-in

consent necessary from users so that user data subject to the VPPA may be shared on Fanisi Academics.  You represent that any disclosure to us will not be incidental to the ordinary course of your business.

 

17.2.1.2.22  You give us all rights necessary to enable your application to work with Fanisi

Academy, including the right to incorporate content and information you provide to us into streams, timelines, and user action stories.

 

  • You give us the right:

 

  • to link to or frame your application, and place content, including advertisements, around

our application;

 

  • to analyse your application, content, and data for any purpose, including for

commercial purposes such as for targeting the delivery of advertisements and indexing content for search; and

 

  • to audit your application to so as to ensure that is safe for users.

 

  • We do not guarantee that Platform will always be free.

 

  • We can create applications that offer similar features and services to, or otherwise compete with, your application.

 

  • ADVERTISERS

 

  • You can target your desired audience by buying advertisements on Fanisi Academics or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal “(Order”):

 

  • When you place an Order, you will inform us the type of advertising you want to

buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your advertisements as inventory becomes available.

 

  • When serving your advert, we do our best to deliver the advertisements to the

audience you specify, although we cannot guarantee in every instance that your advert will reach its intended target.

 

  • In instances where we believe doing so will enhance the effectiveness of your

advertising campaign, we may broaden the targeting criteria you specify.

 

  • You will pay for your Orders in accordance with our Payments Terms. The

amount you owe will be calculated based on our tracking mechanisms.

 

  • Your advertisements will comply with our Advertising Guidelines.

 

  • We will determine the size, placement, and positioning of your

 

  • We do not guarantee the activity that your advertisements will receive, such as

the number of views your advertisements will get.

 

  • We cannot control how clicks are generated on your advertisements. We have

systems that attempt to detect and filter certain click activity, but we will not be responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running advertisements.

 

  • You can cancel your Order at any time through our online portal, but it may take

up to twenty four (24) hours before the advert stops running.

 

  • You are responsible for paying for all advertisements that run.

 

  • Our license to run your advertisement will end when we have completed your

Order.

 

  • If users have interacted with your advert, your advert may remain until the users

delete it.

 

  • We can use your advertisements and related content and information for

marketing or promotional purposes.

 

  • You will not issue any press release or make public statements about your

relationship with Fanisi Academics without our prior written permission.

 

  • We may reject or remove any advertisement for any reason.

 

  • If you are placing advertisements on someone else’s behalf, you must have

permission to place them, including the following:

 

  •       You warrant that you have the legal authority to bind the advertiser to this

Statement.

 

  •       You agree that if the advertiser you represent violates this Statement, we may

hold you responsible for that violation.

 

  •         Our goal is to deliver advertisements and commercial content that are valuable

to our users and advertisers. In order to help us do that, you agree to the following:

 

  • You can use your privacy settings to limit how your name and profile

picture may be associated with commercial, sponsored or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.

 

  • We will not give your content or information to advertisers without your

consent.

 

  •                             You understand that we may not always identify paid services and

Communications as such.

 

  • PAGES

 

If you create or administer a Page on Fanisi Academics, or run a promotion or an offer from your Page, you must agree to our Publisher and API Terms.

 

  • SOFTWARE

 

  • If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.

 

  • You shall not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or where you have our express written permission.

 

  • USERS OUTSIDE THE REPUBLIC OF KENYA

 

  • We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provision

 

  • If you are a users or non-user who interacts with Fanisi Academics outside the Republic of Kenya, you consent to having your personal data transferred to and processed in Kenya.

 

 

 

  1. AMENDMENTS

 

  • Except where we undertake a change to this Statement for legal or administrative

reasons, or to correct an inaccurate statement; you will be provided with a seven (7) days’ notice through a post on the Fanisi Academics Site Governance Page on the change and an opportunity to comment on changes.  You can also visit our Fanisi Academics Site Governance Page and “like” the Page to get updates about changes to this Statement.

 

  • If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.

 

  • Your continued use of Fanisi Academics following changes to our terms will be construed to be an acceptance of our amended terms.

 

  1. LINKING TO OUR SITE

 

  • 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.

 

  • 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 to our site in any website that is not owned by you.

 

  • Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

 

  • We reserve the right to withdraw linking permission without notice.

 

  • The website in which you are linking must comply in all respects with our content standards.

 

  • If you wish to make any use of content on our site other than that set out above, please contact info@fanisionline.com.

 

  • To our users; concerning third party links and resources in our site:

 

  • Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

 

19.8.2       We have no control over the contents of those sites or resources.

 

 

  1. TERMINATION

 

  • Any violation of the letter or spirit of this Statement, or creation of a risk or possible legal exposure to Fanisi Academics and Fanisi Online Limited, will lead to the provision of all or part of Fanisi Academics to you being stopped immediately.

 

  • You will be notified of such action (i.e. stoppage) through email or on your next attempt to access your account.

 

  • Your account may also be deleted or your application be disabled at any time.

 

  • In all the above cases, this Statement shall terminate, BUT all the provisions in relation to privacy, confidentiality, safety and security and any unpaid financial obligations will still apply. In case of any doubt as to whether a particulay provision survives termination, you may check with Fanisi Academics.

 

  1. DISPUTES AND THE APPLICABLE LAW

 

  • Please note that these Terms and Conditions, their subject matter and their formation as well as any claim that might arise between you and us, are governed by Kenyan law.

 

  • In this regard, you and us both agree:

 

  • that the courts of Kenya will have exclusive jurisdiction.

 

  • that you will resolve any claim, cause of action or dispute you have with us arising out of or relating to this Statement or Fanisi Academics exclusively in a Kenyan court.

 

  • to submit to the personal jurisdiction of the Kenyan courts for the purpose of litigating all such claims.

 

  1. DISCLAIMERS, INDEMNIFICATION AND WAIVERS

 

  • WE WILL USE OUR BEST ENDEAVOURS TO KEEP FANISI ACADEMICS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK.

 

  • If anyone brings a claim against us related to your actions, content or information on Fanisi Academics, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

 

  • Although we provide rules for user conduct, we do not control or direct users’ actions on Fanisi Academics and are not responsible for the content or information users transmit or share on Fanisi Academics.

 

  • We are not and will not be responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Fanisi Academics.

 

  • We are not and will not responsible for the conduct, whether online or offline, of any user of Fanisi Academics.

 

  • The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

 

  • Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date NOR DO WE PROVIDE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

  1. LIMITATION OF OUR LIABILITY

 

  • Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Kenyan law.

 

  • To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

 

  • We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

 

  • use of, or inability to use, our site; or

 

  • use of or reliance on any content displayed on our site.

 

  • If you are a business user, please note that in particular, we will NOT BE LIABLE for:

 

  • loss of profits, sales, business, or revenue;

 

  • business interruption;

 

  • loss of anticipated savings;

 

  • loss of business opportunity, goodwill or reputation; or

 

  • any indirect or consequential loss or damage.

 

  • If you are a user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

  • We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

 

  • WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FANISI ACADEMICS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  • OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FANISI ACADEMICS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR KENYA SHILLING EQUIVALENT, OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE (12) MONTHS.

 

  • WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR SITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.

 

  • DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF ANY SERVICES FOR USE BY YOU, WHICH WILL BE SET OUT IN OUR TERMS AND CONDITIONS OF SALE
  • FANISI ACADEMICS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

  • APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, FANISI ACADEMICS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. TRADE MARKS

 

[“Fanisi Academics”] and [“FanisiHuB”] are Kenya registered trademarks of Fanisi Online Limited.

 

  1. MISCELLANEOUS

 

  • These Terms make up the entire agreement between the parties regarding Fanisi Academics, and supersedes any prior agreements.

 

  • References to “us,” “we,” and “our” shall be taken to mean Fanisi Online Limited.

 

  • If any portion of these Terms and Conditions are found to be unenforceable, the remaining portion will remain in full force and effect.
  • Failure to enforce any of these Terms and Conditions, it shall not be considered a waiver.

 

  • Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.

 

  • You will not transfer or assign any of your rights or obligations under these Terms and Conditions to anyone else without our consent.

 

  • All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

 

  • Nothing in these Terms and Conditions shall prevent us from complying with the law.

 

  • These Terms and Conditions do not confer any third party beneficiary rights.

 

  • We reserve all rights not expressly granted to you.

 

  • You will comply with all applicable laws when using or accessing Fanisi Academics.

 

  1. CONTACT US

 

To contact us, please email info@fanisionline.com

 

THANK YOU FOR VISITING OUR SITE.