Terms of Services | Digital Abundance Business Academy
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Terms of Services

Acceptance of Terms

Please, we strongly advice our users to carefully read our Terms of Service and our Privacy Notice before using or continuing to use the Site. Do not accept this Terms unless you read, understood and accept each provision. By using or continuing to use our site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.

Introduction

These Terms of Service ("Terms") govern your use of the DABA website, located at www.daba.school, DABA’s Mobile Application, and services provided by DIGITAL ABUNDANCE BUSINESS ACADEMY LTD. www.daba.school is a platform built to host, manage, and deploy 21st education and skills relevant to today’s world. This content is available to learners, students via smartphones, computer and tablets. This site is intended to identify and promote the range of services we offer to our users and to provide details of how we interact with our users. Also note that the headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner.

General Terms

DABA provides this Site to users (students and learners) seeking 21st century skills needed to succeed in this digital age, and helping them grow the confidence to practice those skills. The term "you" or "You" or “User” or “Users” shall refer to clients, facilitators, students, learners or any person or entity who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between DABA and you, for the provisions of 21st century and world-class education and skills by Facilitators to our users and you accept them by: (a) registering for our courses through the Site; (b) using the Site in any other manner; and/or (c) acknowledging and acceptance of these Terms of service and Privacy Notice.

To the extent that anything in or associated with the site is in conflict or inconsistent with these terms, the terms shall prevail. Any express waiver or failure to exercise promptly any right under the terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

Our Services

Our Website/Application is a platform where Users can gain access to 21st century education and skills. Our Site also serve as a marketplace for those seeking 21st education and skills to those seeking to provide skills that will have them compete in today’s world. Once Users register themselves via the Website or Application, they gain access to our services. A User can subscribe for as many courses as they may wish to. Once payment is confirmed, users shall have direct access to courses subscribed for. Each of our courses is per user basis. Two persons are not expected to use one account. User must at the point of registration select the courses they are interested in. Any inconsistencies by a user at the point of registration DABA shall not have any liability with respect to any loss suffered by the User.

Use of Services

The use of our Website, Application and Services is solely for personal and non-commercial use. Any use of the Application, Website, Services or Products or their contents other than for personal purposes is prohibited. The following restrictions apply to users personal and non-commercial use of our Services, Websites and Applications:

  • Users are prohibited from using any material and information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trade mark, patent, trade secret or other proprietary rights of the owners.
  • Users are prohibited from Uploading files that contain viruses, malware, worms, corrupted files, or any other similar software or programs that may damage the operation of our systems and platform.
  • Users are prohibited from falsifying, hacking and deleting any or all information as contained on our websites and Application.
  • User are prohibited by hacking into and use of robot, algorithm manipulates, circumvents and illegally obtain or attempt to obtain any content, documents or information through any means through our Website/Application.
  • Users are advice not to violate any code of conduct or other guidelines, which may be applicable for any particular Service or Product.
  • Users are advised not to violate any applicable laws or regulations.

DABA reserve the right to review posts, feedbacks, and updates posted to this Website by any User and to remove any materials that are posted for a prohibited purpose, as well as suspend that User.

Fees

Our courses are billed on a one-time subscription basis. This means that once you finish the course subscribed for, you will no longer have access to those courses. Kindly note that, should you intend to take the same course (as will be updated from time to time) you can renew your subscription. To renew your subscription, kindly follow the registration instructions or contact our customer service representatives via the contacts as contained on our sites. If You provide credit or debit card information to pay for the fees, you represent and warrant that you are authorized to supply such information and that you authorize our 3rd party to charge that payment on the courses subscribed for. DABA shall not be held liable for any unauthorized use of any 3rd parties credit/debit card and or bank account details to buy our courses. Our courses are offered at minimum cost, after painstaking effort made to ensure accurate pricing of our courses. However, kindly note that our prices are subject to change, and our lifetime access to the signal room, chat room and exchange room is calculated to mean one calendar year which is 365 days. Notice of change in course price will be updated on our websites.

Users Conduct and Obligation

User are advised to use this/our Website and Application for lawful purposes only. Accordingly, a user shall not post, send or transmit any material which violates or infringes in any way upon the rights of others or perform any act that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights. The above conducts constitute a criminal offence.

In consideration of your use of the Site, you agree: (a) that you are of legal age and have capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website ("Registration Data"); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to DABA, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. You are not permitted to use the Site or the services or submit Content to the Site if you are under the age of 13.

You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site ("Content"). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to DABA or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. DABA reserves the right to edit or remove Content that violates these Terms, that contains third- party commercial advertisements, or for any other reason it deems necessary.

Users are prohibited to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services that are in competition or likely to be in competition with DABA.
DABA reserves the right to deny users access to any of our Services without notice for the following reasons:

  • Unauthorized access by a 3rd party user;
  • When a registered user assign or transfer (or attempt the assignment or transfer of any rights granted to him/her under this term;
  • Upon a report of violation of this term or any other policy accessible on our website/application.

Intellectual Property

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrationsrelatingtotheservicesprovidedbythisWebsite(the“IntellectualPropertyRights”)shallvestandbelongedtoDABA. This Agreement does not transfer from DABA to you any DABA or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DABA.

DABA grants users permission to use and access this website for the services as provided herein and in accordance with these Terms of Service solely for personal, non-commercial use. Provided users do not remove any trademark, copyright or other notice contained on such pages. Users are prohibited from using this site for commercial purposes. Users are not allowed to use any of deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. DABA reserves all of its statutory and common law rights against any person or entity who violates this Term of Service especially this section.

Except as expressly authorized by DABA or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software DABA discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.

"DABA’s Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations DABA uses in connection with its services. You may not remove or alter any DABA Trademarks, or co-brand your own products or material with DABA Trademarks, without DABA’s prior written consent. You acknowledge DABA’s rights in DABA Trademarks and agree that any use of DABA’s Trademarks by you shall inure to DABA’s sole benefit. You agree not to incorporate any DABA’s Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.

Modification of Terms

DABA reserves the right to modify these Terms at any time. Such modifications will become part of this agreement and will be effective once posted on this Website. If a revision is material, we will notify You via electronic mail or via a pop-up or redirection when You log in on Our Website. Still, we recommend that You should review the Website and these Terms from time to time. (The most current version of the Terms can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of Our Web pages.) Your continued use of Our Services means that You accept any new or modified Terms that we come up with. This agreement supersedes all other marketing content on the site.

Confidentiality

You may obtain direct access via the Site to certain confidential information of DABA and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with DABA and its affiliates.

The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from DABA, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to DABA adequate to afford DABA the opportunity to object to the disclosure.

Advertisements and Promotions

DABA may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than DABA found on or through the Site, including payment and delivery of related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. DABA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-DABA advertisers on the Site.

Text Message Notifications

Facilitators and users may receive message notifications through text or email for course upgrade, change in prices and general updates about DABA. Please note that standard data and messaging rates may apply for any text message notifications facilitators and users sent to DABA. Please contact your mobile phone carrier for such details.

Termination

Users and facilitators (subject to facilitator’s agreement) may terminate or suspend their subscription, services or account at any time through your profile management page. Upon termination, DABA will deactivate your account only, but your records will be kept for accounting and record purposes.

DABA reserve the right to terminate your subscription without notice to you if:

  • You are in breach of the terms of these Terms;
  • Your subscription has expired or courses paid for has been completed
  • We are investigating suspected misconduct or account compromise by You;
  • You have used the Services in a way that causes legal liability to Us or disrupts the use of Our Services by other users;
  • You use this Website for any of the prohibited purposes or upload any of the prohibited materials.

Member Account, Password, and Security

DABA is committed to safeguarding the privacy of your information. When you sign up for our services, we require that you create an account by providing us with current, complete and accurate information as prompted by the applicable registration form. We have measures in place designed to protect your information against unauthorized access. But be aware that although we endeavor to provide reasonable security for information we collect and process, we recognize that no security system can prevent all potential security breaches; thus, we cannot guarantee the absolute safety of your information. Please note that you are entirely responsible for any and all activities that occur under your account and you shall promptly notify us of any unauthorized use of your account or any other breach of security. DABA will not be liable for any loss that you may incur as a result of third-party access, either with or without your knowledge and permission.

Assumption of Risk

You agree and understand that you (users and Facilitators) assume all risks when using the site, including without limitation any and all of the risks associated with any online or offline interactions with other users. You agree to take all necessary precautions that will be to your best interest.

Indemnification

Users agree to indemnify, defend, and hold harmless DABA and its subsidiaries, affiliates, shareholders, officers, directors, agents, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney's fees and court costs, incurred by DABA in any way related to your

  • Acts and/or omissions on or off the site;
  • Violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Site;
  • Breach of these terms of use;
  • Disputes with or between other Users;
  • Use and/or misuse of the site, including without limitation any information, content and/or materials thereon;
  • Violation of any applicable law or regulation;
  • Inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility;
  • Misstatements and/or misrepresentations;
  • Use of links to third party websites, including without limitation such websites availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services;
  • User information and any acts or omissions with respect to such User information;
  • Use of any information in third-party reports etc.

Content Provided via 3rd Party Links (WHATSAPP)

Third-Party links will take user out of this Website. Some course will provide additional content via WhatsApp and any 3rd party link. WhatsApp will enable the exchange of information and interactions by students. Users are therefore advised to use the platform in a well-respected manner. Where any students have any concern or question, such should be channeled to the admin for resolutions. Violation of any of these rules will be an outright removal to protect the integrity of the group. The following conducts will not be tolerated from any students:

  • Vulgar and unruly languages.
  • Sharing of irrelevant messages will not allowed.
  • Do not private anyone without their consent.
  • Do not spam the group or anyone.
  • The use of abusive language should not be used and will not be tolerated.
  • Disrespectful behaviour will not be condone.

Disclaimer of Warranty and Limitation of Liability

All User expressly agrees that the use of this Website is at the Users sole risk. Neither DABA, its affiliates nor any of our respective employees, agents, third-party service providers or licensors warrant that this Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, reliability or content of any information and service provided through this Website.

  • This Website is provided on an AS IS basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for any particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.
  • This disclaimer of warranty and limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.
  • We disclaim liability for any errors or inaccuracy which may occur or be contained in any material despite our best effort to offer the current and correct information in the preparation of Our Application/Website/Services. Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services for any particular purpose.
  • We reserve the right to remove, review, edit or delete any content at any time. Also, certain contents (our blog) in the Application/Services/Website may contain opinions and views. DABA shall not be responsible for such opinions or any claims resulting from them. Further, DABA makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
  • We may contact Our Users through, email, and call, to give information about Our service as well as notifications on various important updates and/or to seek permission for demonstration of our services. You agree to receiving these periodic messages.
  • Upon registration through any means whatsoever, DABA may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Our Services. The User expressly permits DABA to contact them and the student(s) utilizing the Services, through the above-mentioned means at any time post-registration.

Force Majeure

We shall not be responsible for any failure or delay in performance due to circumstances beyond Our control, including, without limitation, to acts of God, war, riot, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications).

Arbitration

Any controversy, claim, suit, injury or damage arising from or in any way related to the Site, its use, its Facilitator’s conduct, or the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules and laws of Nigeria in effect and before a single arbitrator chosen by DABA. Any such controversy, claim, suit, injury or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury or damage of any other party. The arbitration shall be conducted in Lagos, Nigeria, and judgment of the arbitration award may be entered into any court having jurisdiction thereof. Each party shall assume its own costs of arbitration.

Governing Law

This Agreement shall be governed by and construed in accordance with the substantive of law and rules, of Nigeria.

Entire Agreement

These terms and conditions, together with Our Privacy Notice constitute the entire agreement between You and Us in relation to Your use of Our website and supersede all previous agreements in respect of Your use of this Website. You also may be subject to additional terms and conditions that may apply when you use DABA’s or third-party products or services.