SWAHILI CULTURAL INSTITUTE, INC.

TERMS OF USE

 

Effective Date: February 5, 2021

 

Dear user (“you” or “your”)

The Swahili Cultural Institute, Inc. (the “Institute”, “we”, “us” or “our”) promotes the preservation, learning, knowledge of Swahili and other African languages, cultures and heritage. These Terms of Use (the “Terms”) apply to all your activities on our website (the “Site”), and other related services (the “Services”).

This Site is operated by the Institute. By visiting this Site, or providing your information to us, you are accepting these Terms and those of our Privacy Policy (the “Privacy Policy”). The Privacy Policy is incorporated into these Terms by this reference.

GENERAL CONDITIONS

Account and Registration

To access more activities and Service we provide, for instance enrolling for courses and classes, you require an account. When you create your account, and subsequently use certain features, you must provide us with accurate and complete information including a valid email address.

Any use or access by anyone under the age of 18 is prohibited. Users must be at least 18 years of age to create an account on our Site and use the Services. If you are below the age of 18 but above the required age for consent to use online services, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you.

Course Enrollment and Access

When you enroll in a course, you get a license from us to view the course and course material (collectively, the “Course Material”). We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Course Material, use of the Course Material, or access to the Course Material or any contact on the Site through which the Services are provided, without express written permission by us.

You also agree that you will create, access, and/or use only one user account, unless expressly permitted by the Institute, and you will not share access to your account or access information for your account with any third party. Using our Services or Course Material does not give you ownership of or any intellectual property rights in our Services, Course Material or other content you access.

You are responsible for your account and may not share your login credentials with anyone else. You agree to update your information to keep it accurate and complete.

FEES

The Institute offers language course Services for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You agree to pay the quoted fees for courses that you pay for, and you authorize us to charge your debit or credit card or process other means of payment for the fees.

You are responsible for paying all fees charged including payment of applicable taxes in a timely manner with a valid payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and we reserve the right to change any fees at any time at our sole discretion, and without notice. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services, however, these are subject to our discretion.

 We reserve the right to disable access to any course or Course Material for which we have not received adequate payment.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to our Services. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel payments if any information in the Services or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information on or related to the Site and Services, except as required by law.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site and our Services or any related website for any of the aforementioned violations.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Site or our Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall the Institute, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Institute and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

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

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

GOVERNING LAW

By visiting our Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our Site.

Any and all disputes or controversies arising under or relating to the interpretation or application of the terms of this Agreement or any extension or modification thereof, or the asserted breach thereof by any party, shall be resolved through final and binding arbitration in New York City, New York, by a single arbitrator to be chosen by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitrator so appointed shall be empowered to, in addition to awarding actual money damages (but not punitive damages) against the party found to have violated this Agreement, grant in his award, injunctive or other types of equitable relief, to enforce specific performance of this Agreement, and to prevent any continuing or further violation of its terms. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction there. The cost of such arbitration shall be borne equally by the Parties, except that each party shall be responsible for its own attorneys’ fees.

CHANGES TO TERMS OF USE

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

-CONTACT INFORMATION

Questions about the Terms should be sent to us at [email protected].

New York, NY 10010, USA

Email: [email protected]