Thank you for your interest in our products and services (“Services”).
The Services are provided by Cybadesk Technologies Limited, Lagos, Nigeria.
By using our Services, you are agreeing to these terms. Please read them carefully.
Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try
to access them using a method other than the interface and the instructions that
we provide. You may use our Services only as permitted by law, including applicable
export and re-export control laws and regulations. We may suspend or stop providing
our Services to you if you do not comply with our terms or policies or if we are
investigating suspected misconduct.
Using our Services does not give you ownership of our intellectual property rights
in our Services. You may not use content on our Services
unless the content are either yours or you are permitted by its owner or are otherwise permitted by law. These
terms do not grant you the right to use any of our branding or logo used in our Services.
Don’t remove, obscure, or alter any legal notices displayed in or along with
our Services.
Our Services may display some content that was not uploaded by us. This content is
the sole responsibility of the entity that makes it available. We may review content
to determine whether it is illegal or violates our policies, and we may remove or
refuse to display content that we reasonably believe violates our policies or the
law. But that does not necessarily mean that we review content, so please don’t
assume that we do.
In connection with your use of the Services, we may send you service announcements,
administrative messages, and other information.
Your Online Account With Us
Some of our services require you to subscribe to, and deploy our product, in order to use our Services.
New user accounts will be create by the entity that subscribe to our services.
Each user will receive an email containing login details when this is done.
When users login to our Service for the first time, they will be
required to change their default password and to indicate that they agree with
these terms and our privacy policies.
If you learn of any unauthorized use of your password or account, change your password
immediately. To do so, simply click “Reset Password” from the login page and follow the
instructions.
Refund Policy
Since we offer non-tangible services, we do not issue refunds once the order is accomplished and your product is deployed online. As a customer you are responsible for understanding this upon purchasing any services. All subscriptions are time based. Since we deliver our Services to you immediately you pay, there is no refund for partial usage of the Service or unused time period.
However, we realize that exceptional circumstance can take place with regard to the character of some of the Services we supply. Therefore, we Do give our clients a grace period to access the demo version of our product before deciding if they wish to proceed to the payment stage.
Privacy and Copyright Protection
Our privacy policies
explain how we treat your personal data and protect
your privacy when you use our Services. By using our Services, you agree that Cybadesk Technologies Ltd
can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of
repeat infringers according to the process set out under Nigerian Law.
We provide information to help copyright holders manage their intellectual property online.
If you think somebody is violating your copyrights and want to notify us,
you can find information about contacting us in our contact page.
About Software in our Services
When a Service requires or includes downloadable software, this software may update
automatically on your device once a new version or feature is available.
Some Services may let you adjust your automatic update settings.
You may not copy, modify, distribute, sell, or lease any part of our
Services or included software, nor may you reverse engineer or attempt to extract the
source code of that software, unless laws prohibit those restrictions or you have our
written permission.
Open source software is important to us. Some software used in our Services may be
offered under an open source license that we will make available to you. There may
be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove
functionalities or features, and we may suspend or stop a Service altogether.
Such changes will not affect already active subscribers to our school management software at the time of change.
What has already been deployed for your school therefore remains unchanged unless it is practically impossible to do so.
In which case we will duly inform you of the alternative we have provided.
You can stop using our Services at any time, although we’ll be sorry to see you go.
Cybadesk Technologies Ltd may also stop providing Services to you, or add or create
new limits to our Services at any time.
We believe that you own your data and preserving your access to such data
is important. If we discontinue a Service, where reasonably possible,
we will give you reasonable advance notice and a chance to get your information
out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and
care and we hope that you will enjoy using them. But there are certain
things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms,
neither Cybadesk Technologies Ltd nor its suppliers or distributors make any
specific promises about the Services. For example, we don’t make any
commitments about the content within the Services, the specific functions
of the Services, or their reliability, availability, or ability to meet
your needs. We provide the Services “as is” and clients are expected to appraise the
software as provided and decide if it meets their needs before subscribing to our services.
Some jurisdictions provide for certain warranties, like the implied
warranty of merchantability, fitness for a particular purpose and
non-infringement. To the extent permitted by law, we exclude all
warranties.
Liability for our Services
When permitted by law Cybadesk Technologies Ltd, and our
suppliers and distributors, will not be responsible for lost profits,
revenues, or data, financial losses or indirect, special, consequential,
exemplary, or punitive damages.
To the extent permitted by law, the total liability of Cybadesk Technologies Ltd,
and its suppliers and distributors, for any claims under
these terms, including for any implied warranties, is limited to
the amount you paid us to use the Services (or, if we choose, to
supplying you the Services again).
In all cases, Cybadesk Technologies Ltd, and its suppliers and distributors,
will not be liable for any loss or damage that is not reasonably
foreseeable.
We recognize that in some countries, you might have legal rights
as a consumer. If you are using the Services for a personal purpose,
then nothing in these terms or any additional terms limits any
consumer legal rights which may not be waived by contract.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Cybadesk Technologies Ltd and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs and attorneys’ fees.
Your Content in our Services
Schools that deploy Cybadesk School Software are responsible for all content that are posted on the portal, including lecture notes, video lessons, quizzes, assignments, examinations, answers, emails and announcements ("Submitted Content"). You represent and warrant that:
- You will provide and maintain accurate account information
- You own or have the necessary licenses, rights, consents, permissions, and authority to authorize Cybadesk Technologies Ltd to use your Submitted Content as specified in this Terms of Use
- Your Submitted Content will not infringe or misappropriate any third party's intellectual property rights
- Post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information
- Post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user
- Use the Services for business other than providing tutoring, teaching, and instructional services to students
- Engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording
- Frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services
- Impersonate another person or gain unauthorized access to another person's account
- Abuse Cybadesk Technologies Ltd resources, including support services
When you upload or otherwise submit content to our Services, you give Cybadesk Technologies Ltd (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Unless otherwise agreed, you have the right to remove all or any portion of your Submitted Content from the Services at any time.
You can find more information about how Cybadesk Technologies Ltd uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Links to Other Websites
Some content submitted to our Services may contain links to other websites.
Such content is the sole responsibility of the entity that makes it available.
Inclusion of any linked website within our Services does not imply that
we approve or endorse the linked website, nor are we responsible for the opinion
expressed in such websites.
We do not guarantee the accuracy or the correctness of
the content of linked websites within our Services. You are advised to carefully
consider the risk of accessing third-party sites posted within our Service. If you
find any link you consider inappropriate within our Services and want to notify us,
you can find information about contacting us in our contact page.
About these Terms
We may modify these terms or any additional terms that apply to a
Service to, for example, reflect changes to the law or changes to
our Services. You should look at the terms regularly. Changes will
not apply retroactively and will become effective no sooner than
fourteen days after they are posted. However, changes addressing
new functions for a Service or changes made for legal reasons will
be effective immediately. If you do not agree to the modified terms
for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms,
the additional terms will control for that conflict.
These terms control the relationship between Cybadesk Technologies Ltd and you.
They do not create any third party beneficiary rights.
You and we agree that no joint venture, partnership, employment, contractor,
or agency relationship exists between us.
If you do not comply with these terms, and we don’t take action
right away, this doesn’t mean that we are giving up any rights
that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable,
this will not affect any other terms.
The courts in some countries will not apply Nigerian law to some
types of disputes. If you reside in one of those countries, then
where Nigerian law is excluded from applying, your country’s laws
will apply to such disputes related to these terms. Otherwise, you
agree that the laws of the Federal Republic of Nigeria, will apply
to any disputes arising out of or relating to these terms or the Services.
Similarly, if the courts in your country will not permit you to
consent to the jurisdiction and venue of the courts in Nigerian,
then your local jurisdiction and venue will apply to such disputes
related to these terms. Otherwise, all claims arising out of or relating
to these terms or the services will be litigated exclusively in the
federal or state courts of the Federal Republic of Nigeria, and you
and Cybadesk Technologies Ltd consent to personal jurisdiction in those courts.