Last Updated January 31, 2023.
Your online privacy is important to “Karibani” The purpose of this privacy statement is to provide you with information about our practices with respect to the personal data that we collect from users of our website (hereafter referred to as “Site”) and the services that are made available through the Site. Please email us at info@karibani.com if you have any questions concerning our privacy statement, our data collection policies, how we handle user information, or if you want to immediately report a security breach.
What this policy is for:
The General Data Protection Regulation (GDPR) applies to the whole of the United Kingdom and European union (EU) companies holding data of United Kingdom and European union (EU) citizens. We value your privacy and want to be accountable to you, and transparent with you, in the way that we collect and use your personal information. We also want you to know your rights in relation to your personal information.
This Privacy Policy (“Policy”) together with our Terms of Use (“Terms”) and any other documents referred to in it, governs the basis of our collection, storage and use of personal information collected by Karibani. We are always looking to improve the information we provide to our users so if you have any feedback on this privacy policy, please let us know using our contact details above or by emailing us as at info@karibani.com
“Karibani” (“We” / “Us” / “Our”) is committed to protecting our visitors’ privacy and personal information. We will only use the information that we collect about you in accordance with the California online privacy policy Act or “CalOPPa” (and all other laws relating to the use of your Personal Data, both now and in the future). This includes information that is submitted voluntarily by you through a form on our website or that is gathered automatically as you visit different parts of this website.
This page aims to help users understand what information might be collected from you when visiting and using our site, and how we protect such information. The reason for this is that, in keeping with the “CalOPPa” (and all other laws relating to the use of your Personal Data, both now and in the future), we are the “data controller”, meaning that we are responsible for deciding how your Personal Data is used and more importantly, for keeping your Personal Data safe and only using it for legitimate reasons.
We are committed to protecting your privacy and will take all steps necessary to comply with our legal obligations when using your Personal Data so please read through this document carefully to understand the ways in which we safeguard your personal data.
Consent
By using the “Karibani.com” site, you agree to the terms of this privacy policy. Whenever you submit information via our website, you consent to the collection, use, and disclosure of that information in accordance with this privacy policy. If you do not agree with any point on this policy, please do not use our Services or give us your information. This policy applies to all visitors, users and registered members.
- What Information we collect
Karibani actively collects information from its visitors directly from you when you: create an online account, create a search, sign up to our newsletter, give a rating or review, take a survey, fill out an online form, enter a promotion or engage with us.
Some information you submit may be personally identifiable information that can be uniquely identified with you such as full name, address or location, email address, phone number, etc. Some areas of the Site may require you to submit information in order for you to benefit from a wide range of exclusive features (such as email alerts or information requests). You will be informed at each information collection point on what information is required and optional.
We collect the following information from you and about you:
- Contact Information – We may ask about your personal information such as name, address or location, telephone or mobile number, or email address.
- Account Login Information – We will require you to provide information to set up an account with us.
- Demographic Information – We may collect demographic information such as your gender, age, ethnicity and postcode if and when you fill out an online form or a survey.
- Information You Share and Submit – We may collect information that you post either publicly or on a channel/platform we provide (e.g. forum, comment section, survey form and social media) for sharing among users.
- Log Files: As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to maintain and improve the performance of the Services.
- Analytics: We use analytics services (including, but not limited to, Google Analytics) to help analyze how users use the Site. Analytics services use Cookies to collect information such as how often users visit the Site and we use the information to improve our Site and Services. The analytics services’ ability to use and share information collected by them is restricted by their terms of use and privacy policy, which you should refer to for more information about how these entities use this information.
- Location Information: If you have enabled location services on your mobile device, we may collect your location information to improve the Services we offer. This enables us to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
Cookies: “Cookies” are small pieces of information (text files) that a website sends to your computer’s hard drive while you are viewing the website. These text files can be used by websites to make the users experience more efficient. The law states that we can store these cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies, we need your permission. To that end, this site uses different types of cookies. Some cookies are placed by third party services that appear on our pages. We and some third parties may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Services and to market the Services. Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third-party advertisers. This tracking is done on an anonymous basis and, while not an exhaustive list, some of the companies we work with are Google, AppNexus, Criteo, Rubicon, Pubmatic and DistrictM.
2. Use of Your Personal information
In general, personal information you submit to us is used either to respond to requests that you make, aid us in serving you better, or market our Services. We use your personal information in the following ways:
- Operate, maintain, and improve our site(s) services;
- Respond to comments and questions and provide customer service;
- Develop, improve and advertising our podcast Services;
- Fulfill and manage our service, payments, and other transactions related to the Application;
- Identify you as a user in our system;
- Resolve disputes and troubleshoot problems;
- Assist law enforcement and respond to subpoena;
- Generate a personal profile about you to make future visits to the Application more personalized;
- Prevent fraudulent transactions, monitor against theft, and protect against criminal
Your personal information may be kept and processed on servers in the United Kingdom and Europe. We may also create anonymous data records from your personal information by completely excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site functionality. We reserve the right to use anonymous data for any purpose and disclose anonymous data to third parties at our sole discretion.
We may receive testimonials and comments from users who have had positive experiences with our Services. We may publish such content. When we publish this content, we may identify our users by their first and last name. We obtain the user’s consent prior to posting this information along with the testimonial.
3. Disclosure of Your Personal information
We disclose your personal information as described below and as described elsewhere in this Privacy Policy.
Third Parties Designated by You: When you use the Services, the personal information you provide will be shared with the third parties that you authorize to receive such information.
Third Party Service Providers: We may share your personal information with third party service providers to: provide you with the Services that we offer you through our Services; conduct quality assurance testing; to provide technical support; market the Services; and/or to provide other services to us.
Information We Share: We may disclose aggregated information about our users and information that does not identify any individual without restriction. In addition, we may disclose personal information that we collect or you provide:
- To fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide the information, or with your consent;
- To third parties designated by you;
- With our subsidiaries and affiliates;
- To third parties to process payments made through the Services;
- With contractors, service providers and other third parties we use to support our business;
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about users is among the assets transferred; and
Other Disclosures: Regardless of any choices you make concerning your personal information (as described below), Karibani may disclose personal information if it believes in good faith that such disclosure is necessary: (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on our company; (iii) to protect or defend the rights or property of lipsum.com or users of the Services; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.
Data Retention Policy
We will keep your Personal Data for as long as you are a registered user ecommerce platform, or for as long as is necessary for us to provide products or services for you, and for a limited period of time afterwards.
Once you no longer wish to be engaged with “karibani” for any prescribed purpose, we may still need to retain your data if there is a legal reason for doing so (such as for tax purposes where you have made purchases through one of our digital platforms or where we need to resolve any disputes with you).
4. Third Party Websites
Our Site may contain links to third party websites. When you click on a link to any other website or location, you automatically exit our Site or Services and go to another site, and another entity may collect personal information or anonymous data from you. We have no control over, do not review, and are not responsible for, these outside websites or their contents. Please, be aware that the terms of this Privacy Policy, do not apply to these outside websites or contents, or to any collection of your personal information after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or, content or websites.
5. Your Choices Regarding Information
Choices: We offer you choices regarding the collection, use, and sharing of your personal information. We may periodically send you emails that directly promote the use of our Services. When you receive promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive or by contacting us directly. Despite your indicated email preferences, we may send you service-related communications, including notices of any updates to our Terms of Use or Privacy Policy.
Cookies: If you decide at any time that you no longer wish to accept cookies from our Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify cookies, please contact us at info@karibani.com
- Your Rights
As a user of our Site, you have the following rights, any of which you may exercise by contacting us at info@karibani.com
- The right to ask what personal data that we hold about you at any Extra requests (particularly repetitive) for data may result in a fee being charged to the user.
- The right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you free of
- As set out above, the right to opt out of any marketing communications that we may send
- Right of access
You have a right of access to any personal information we hold about you. You can ask us for a copy of your personal information; confirmation whether your personal information is being used by us; details about how and why it is being used; and details of what safeguards are in place if we transfer your information outside of the United Kingdom and European Economic Area (“EEA”).
- Right to update your information
You have a right to request an update to any of your personal information which is out of date or incorrect.
- Right to delete your information
You have a right to ask us to delete any personal information which we are holding about you in certain specific circumstances. You can ask us for further information on these specific circumstances by contacting us via email at info@karibani.com
- We will pass your request onto other recipients of your personal information unless that is impossible or involves disproportionate effort. You can ask us who the recipients are using the email address above.
- Right to restrict use of your information
You have a right to ask us to restrict the way that we process your personal information in certain specific circumstances. You can ask us for further information on these specific circumstances by contacting us via email at info@karibani.com
We will pass your request onto other recipients of your personal information unless that is impossible or involves disproportionate effort. You can ask us who the recipients are using the email address above.
- Signing up on Karibani.com
When you sign up on our website, contact details you provide, as well as your IP address and ISP, are stored on our systems. This information will also be used on your account and utilized by us to monitor suspicious activities so we can contact you if necessary.
Standard Security
We use standard security measures on our site. We will treat your information in strict confidence and endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept inherent security risks of providing information and other internet activities and will not hold us responsible for any breach of security unless it is due to our negligence or willful default.
We keep personal information as long as it is necessary for the practices described in this Policy. We also keep information as otherwise required by law.
- California Online Privacy Protection Act (CalOPPA)
CalOPPA is the first state law in the country to mandate the posting of a privacy statement on commercial websites and online services. The law’s reach extends well beyond California, requiring anyone or any organization operating websites in the United Kingdom (or perhaps the entire world) that collect personally identifiable information from California consumers to post a clear privacy statement on their website, adhere to it, and disclose exactly what information is being collected and with whom it will be shared.
According to CalOPPA we agree to the following:
Access to our website is open to anonymous users. As soon as this privacy statement is finished, a link to it will be added to our home page or, at the very least, the first important page you see when you visit our website. The phrase “Privacy” appears in our Privacy Policy link, which is prominently displayed on the page mentioned above.
Users will be notified of any privacy policy changes:
- On our Privacy Policy Page
Users are able to change their personal information:
- By emailing us at info@karibani.com
- By calling us at _____________
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking
Fair Information Practices
The Fair Information Practices Principles are the cornerstone of American privacy legislation, and the ideas they encompass have had a big impact on the evolution of data protection laws all over the world. Compliance with the different privacy regulations that safeguard personal information requires an understanding of the Fair Information Practice Principles and how they should be put into practice.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
- We will notify the users via email
- Within 7 business days
- We will notify the users via in-site notification
- Within 1 business day
We also concur with the Individual Redress Principle, which mandates that people have the ability to legally hold negligent data collectors and processors accountable. This concept mandates that people have recourse to courts or government entities to investigate and/or prosecute non-compliance by data processors, in addition to having enforceable rights against data users.
Cookie Usage
This section describes how we use the cookies, and why these cookies are store to your device. We will also share how you can prevent these cookies from being stored. However, this may downgrade or ‘break’ certain elements of the site’s functionality.
A ‘cookie’ is a bit of information that a website sends to your web browser that helps the site remember information about you and your preferences.
‘Session’ cookies are temporary bits of information that are used to improve navigation, block visitors from providing information that is inappropriate (the site ‘remembers’ previous entries of age or country of origin that were outside the specified parameters and blocks subsequent changes), and collect aggregate statistical information on the site. They are erased once you exit your web browser or otherwise turn off your computer.
How We Use Cookies
If you create an account with us, we will use cookies for the management of the sign-up process and general administration. We usually store cookies on your computer during the registration process for you to resume where you left off, remembering your registered login, preferences, and other customization functions. These cookies will usually be deleted when you log out; however, in some cases they may remain afterwards to remember your site preferences when logged out.
Third-Party Cookies
In some cases, cookies provided by trusted third parties might be used. The sections below detail which third party cookies you might encounter through this site.
We use third-party analytics to help us track and measure usage of the site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site, or pages you visit. This will help inform us how to improve the site for you.
Our site also uses social media buttons and/or plugins that allow you to connect with your social platforms in various ways. For these to work, social media sites, such as Facebook, Twitter, Pinterest, etc., will set cookies through our site that may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.
Removing or Disabling Cookies
In most cases, there are no industry standard options for disabling cookies without completely disabling the functionality and features of the site. You have the option to disable or selectively turn off our cookies or third-party cookies in your browser settings or manage preferences in internet security programmes. However, doing so may affect how you are able to navigate our site. This may include the inability to log in to services or programmes, such as logging into your “Karibani .com” account. It is recommended that you leave on all cookies if you are not sure whether you need them or not, in case they are used to provide a service that is useful to you.
Your rights as a data subject
At any point whilst “Karibani” is in possession of or processing your Personal Data, you may have the following rights:
- Right of access – you have the right to request a copy of the Personal Data that we hold about you.
- Right of rectification – you have a right to correct Personal Data that we hold about you that is inaccurate or incomplete.
- Right to be forgotten – in certain circumstances you can ask for the Personal Data we hold about you to be erased from our records.
- Right to restriction of processing – where certain conditions apply you have a right to restrict the processing of your Personal Data.
- Right of portability – you have the right to have the Personal Data we hold about you transferred to another organisation.
- Right to object – you have the right to object to certain types of processing such as direct marketing, as well as processing we undertake based on our legitimate interests.
- Right to object to automated processing, including profiling – you also have the right not to be subject to the legal effects of automated processing or profiling.
Children’s Online Privacy and Protection Act
Federal laws impose special restrictions and obligations on commercial website operators who direct their operations toward, and collect and use information from, children under the age of 16. Karibani takes such restrictions seriously, and do not intend for our website or resources to be used by children under the age of 16 without first obtaining the verifiable consent of such child’s parent or legal guardian. We do not knowingly collect personal information from minors under the age of 16, only a parent or legal guardian may provide such information after adhering to our verification process for submitting such information
Policy Update
“Karibani.com” reserves the right to change, amend, or modify our Privacy Policy without notice. We will post the amended Policy on this page and indicate at the top of the page the date the Policy was revised. Please check our site and this page periodically for updates.
Contact Us
To contact us regarding anything in this privacy policy or how we collect or store your personal data, please get in touch with us by using the ‘Contact Us’ page on our website. info@karibani.com
TERMS AND CONDITIONS FOR INSTRUCTORS ON KARIBANI
This document outlines the terms and conditions that govern the use of KARIBANI (“the platform”) by instructors. By accessing or using the platform, you agree to comply with and be bound by these terms and conditions.
- Registration and Account
1.1 Eligibility: You must be at least 18 years old to become an instructor on Karibani. Additionally, you must have a strong command of at least one African language and be willing to create high-quality instructional content in that language.
1.1 Account Creation: To use the platform as an instructor, you must register for an account by providing your full name, email address, and any other information required during the registration process.
1.2 You are solely responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You must notify the platform immediately of any unauthorized use of your account.
- Content Creation and Publication
2.1 As an instructor, you may create and publish African language content on the platform, subject to the approval of the platform administrators.
2.2 You retain ownership of all intellectual property rights in the content you create and publish on the platform. However, by publishing content on the platform, you grant the platform a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and display the content for the purposes of promoting and operating the platform.
2.3 You are solely responsible for the accuracy, completeness, and legality of the content you create and publish on the platform. You must ensure that your content does not infringe any intellectual property rights or other rights of any third party and does not contain any defamatory, obscene, or offensive material.
2.4 The platform reserves the right to remove any content that violates these terms and conditions or for any other reason, in its sole discretion.
- Compensation and Payment
3.1 You may earn compensation for the content you create and publish on the platform, subject to the terms and conditions of the platform’s payment policy.
3.2 The platform will pay you for your content creation services in accordance with the payment policy, which may be updated from time to time.
4. Termination
- Either party may terminate this agreement at any time, with or without cause, by providing written notice to the other party.
- In the event of termination, the instructor’s content will be removed from the platform within a reasonable amount of time.
- The instructor will not receive payment for any content sold after the termination date.
- The platform will not be liable for any damages resulting from the termination of this agreement.
Last update January 31, 2023.
Karibani Class, Inc. (together with our affiliates, “Karibani”, “we”, or “us”) provides an online courses and education service on the Karibani website located at https://www.karibani.com/ and a mobile application (collectively, the “Site”, and the Site, together with any products and services provided by Karibani Inc, the “Service”). By registering on the Site or by visiting, browsing, or using the Karibani Inc Service in any way, you (“user” or “you”) accept these Terms of Use (the “Terms”), which forms a binding agreement between you and Karibani.
THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SITE OR SERVICE, YOU ARE ACCEPTING THESE TERMS ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY. IF YOU ARE ENTERING THESE TERMS ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “USER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. FOR CLARITY, IF YOUR COMPANY HAS SEPARATELY EXECUTED A MASTER SERVICES AGREEMENT (“MSA”) OR ORDER FORM WITH US AND YOU ARE AUTHORIZED BY SUCH COMPANY TO CREATE A BUSINESS PLAN (AS DEFINED BELOW), THESE UPDATED TERMS OF USE APPLY ONLY TO THE EXTENT AUTHORIZED BY YOUR COMPANY’S MSA OR ORDER FORM.
YOU MAY NOT ACCESS OR USE THE SITE OR SERVICE IF YOU ARE NOT AT LEAST 16 YEARS OLD (UNLESS YOU ARE A CLASSROOMS USER). IF YOU ARE UNDER 18 YEARS OLD (OR THE AGE OF MAJORITY IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING THE SITE OR SERVICE), THEN YOU MAY ONLY ACCESS THE SITE OR SERVICE IF YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S CONSENT. IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR COMPANY, OR IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, DO NOT ACCEPT THESE TERMS AND YOU MAY NOT ACCESS AND/OR USE THE SITE OR SERVICE.
Definitions of Terms
“Account” means collectively the personal information, Payment Information and credentials used by users to access Paid content and / or any communications System on the website;
“Account Settings” means an individual User’s settings with regard to the Services including, without limitation, contact information, and service costs, as applicable.
“Content” means any text, graphic, image, audio, video, software, data compilation, and any other form of information capable of being stored in a computer that appears on, or forms part of this website;
“Visitor,” meaning any individual that browses any of our Services, including, without limitation, through a mobile or other wireless device without being registered,
“Student,” meaning that you have created a User Account (defined below) registered and have enrolled in and paid for access to the Online Courses and other karibani’s Services and/or services, content, and/or certification provided by Educational Partners and that you intend to complete the applicable program, including the homework assignments and exams, and other requirements related to those individual programs.
“Attendee,” meaning that you have created a User Account and that you intend to audit the Online Courses, i.e., attend or view lectures online without accessing final projects or assessments required for certification, or completing the homework assignments, exams or other course work related to assessments for certification.
“Mentor” meaning that you have a User Account and have entered into the Mentor Services Agreement with Karibani to provide mentoring and project review services to Students.
“Payment information” means any details required for the purchase of goods from this website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes
“Purchase information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“user” or “users” means any third party that accesses the website and is not employed by karibani and acting in the course of their employment;
“Website” means the website that you are currently using (www.karibani.com) and any sub-domains of this site (e.g.karibani.com) unless expressly excluded by their own terms and conditions
“Advertiser” means any User that uses the Services to purchase our courses.
“Booking Form” means the form, either in hard copy or electronic (i.e., on our website) where karibani or the Customer completes with the Customer’s information and details for an order or booking;
“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“Notice” means a delivered writing by e-mail, courier, or by Express delivery to the other party at their respective address and will be effective upon receipt.
“Prohibited Advertisers” means any company that may be reasonably classified as a “multi-level marketing company” or any company that creates, produces, or distributes adware, malware, spyware, or any other software that may reasonably be classified as a “potentially unwanted program” or “PUA.”
“Privacy Policy” means “karibani” policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference. The current version is available on our website.
“Terms of Service” or (“Terms”) means any and all terms, conditions, obligations, covenants, representations, and warranties contained herein.
The term “User” refers to a Visitor, Student, Attendee, Mentor, or any other person that participates, interacts with, or otherwise makes use of any of the Services and/or any karibani Class (e.g., moderators, volunteers, or experts-in-residence).
Account Creation
In order to use, access, or take part in many of our Services, including the Online Courses or to provide Mentor Services, you must select a login identification (“User ID”) and a unique user password (“User Password”) (collectively, a “User Account”). You agree that you will never divulge or share access to your User Account with any third party for any reason.
In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your User Account and/or thereafter, for example, to confirm identity prior to receiving a credential of completion of a Nanodegree program. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrollment any Online Courses, or a Nanodegree programs, to the extent applicable.
Use of the Service and Restrictions
(a) You will not use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
KARIBANI INTELLECTUAL PROPERTY RIGHTS
The Services are owned and operated by Karibani class Inc and its licensors. All content or other material available through the Services, including, but not limited to, information on the Websites, on-line lectures, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, and files (collectively, the “Content”), are the property of Karibani and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United Kingdom and foreign law.
Karibani logos, trademarks and service marks which may appear on the Website(s), throughout the Services and in Online Courses (“Marks”), are the property of Karibani and are protected under United Kingdom and foreign laws. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Karibani.
From time to time, Karibani may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Karibani and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
Price
Course price may be determined based on the terms of the instructor team. In some cases, the price of content offered on the Karibai.com website may not be exactly the same as the price offered on our mobile applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.
If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in other currencies.
If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
PAYMENT TERMS
By enrolling in an Online Course or purchasing any of our Services and providing Karibani with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by Karibani through the Services, you must have Internet access and a current valid accepted payment method as indicated during sign-up process (“Payment Method”). You agree to Karibani, or its third-party payment provider, storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Karibani Services as they become due, whether on a one-time, installment, or subscription basis. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements.
Karibani does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all Students, and that specific additional terms and conditions (such as the Special Nanodegree Terms) may apply to certain promotional programs, pricing, or geographic locations. You agree to use your own valid Payment Method and not impersonate or otherwise use a Payment Method to avoid regulatory restrictions.
After the first month automated subscription payment, for each subsequent month, the monthly fee will automatically be billed on the monthly anniversary date of your initial credit card charge date (“Billing Date”).
Pre-Orders for Online Courses.
If you elect to pre-order and secure a subscription in an Online Course, you will be required to provide your accurate Payment Method, however your Payment Method will not be charged at the time of the pre-order. Your Payment Method will only be charged when the Online Course officially starts and you receive access to the Online Course content and associated services. Thereafter your Payment Method will be charged in accordance with the terms that you selected at the time of your pre-order.
Bundled Subscription Payments. If you elect to purchase access to an Online Course in the form of a bundled offering, you purchase a fixed, multi-month subscription access to the Online Course at a discounted rate, and following the fixed, multi-month term, you will revert to a monthly automatic subscription payment method. Accordingly, there will be a one-time fee paid upfront for the fixed, multi-month term access to the Online Course, and following the end of the fixed, multi-month term, you will revert to a monthly automatic renewal subscription payment method. Accordingly, each month following the fixed, multi-month term, a monthly, non-discounted fee will automatically be billed at the rate indicated on your initial payment check-out page, the monthly anniversary date of your initial credit card charge date (“Billing Date”). For more details see the ‘Automated Subscription Based Payment’ Section.
Manual Subscription Payments. If you elect to pay by manual monthly subscription payment for an Online Course, you will be required to make a payment each month in order to manually renew your subscription and to maintain your access to the Online Course. Your two (2) day refund period will start upon your payment and access to the Online Course. In the event that you fail to manually renew your monthly subscription payment, your access to the Online Course will end at the end of the monthly period for which you have paid. If you terminate your manual subscription and re-enroll for the same Online Course, you will gain access to the Online Course and be provided a two (2) day refund period, provided however, Students are only entitled to one refund per Online Course.
CANCELLATION
Cancelling your automatic monthly subscription. Your automatic monthly renewal subscription will continue unless and until you graduate, cancel your subscription, or we terminate it. You may cancel your automatic subscription at any time by going to ‘Subscription & Billing’ setting found in your account ‘Settings’, then click ‘Cancel’ on your active enrollment and confirming your cancellation request with an Enrollment Advisor via phone (U.K. only) or online chat. You must cancel your automatic monthly subscription the day before your next billing date occurs in order to avoid being billed for the next period’s monthly fee. If you choose to cancel your automatic monthly subscription from an Online Course, you will continue to have full access to the Online Course until the end of the current period. There is no refund for the remaining period of the month in which you cancelled.
Refund policy
If the courses you purchased is not what you expect, you can request for refund or moneyback within 30 days of your purchase of the course. This refund option does not apply to course Subscription Plan purchases. Karibani reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment service providers, the platform from which you purchased your content, (Site, App) and other factors. No refund is due to you if you request it after the 30-day guarantee time limit has passed. Karibani also reserves the right to refund students beyond the 30-day limit in cases of suspected or confirmed account fraud or Scam. If we decide to issue refund credits to your account, they will be automatically applied towards your next content purchase on our website, but can’t be used for purchases in our website.
Price Changes.
We reserve the right to modify, terminate, or otherwise amend the fees and features associated with your subscription. If we notify you in advance of at least fifteen (15) days, your continued use of Karibani and the Online Course after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may terminate your subscription by cancelling at any time. If you accept the new subscription, its terms and conditions with these Terms will apply for all future months.
USER CONDUCT POLICY
As a condition of accessing or using any of the Services and/or Online Courses, you are, prohibited from undertaking, and agree not to: (a) violate any applicable laws, regulations, or rules; (b) set up multiple User Accounts, (c) reproduce, duplicate, copy, sell, resell, display, publish, transfer, distribute, create derivative works of, or exploit for any commercial purposes any portion of the Services, the Online Courses, any Content (as defined below), or any other aspect of our operations, other than as expressly allowed under this Terms of Use; (d) reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services; (e) use Karibani’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (f) use any high volume, automated, electronic, or third party means to access the Services including without limitation robots, crawlers, browser plug-ins, browser extensions, spiders, or scripts (“Add-ons”)); (g) frame the Services, place pop-up windows over its pages, or otherwise affect the display of its pages; (h) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (i) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; (j) directly, or through any Add-ons, scrape any part of the Websites and/or Services; and/or (k) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, “Unauthorized Content”):
- that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
- that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
- that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
- that violates the rights of other Users of the Services; or
- that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
To the extent you are registered or enrolled as a student in, or are otherwise attending, an Online Course provided by an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an “honor code,” those terms shall apply to you as a student and/or employee of such institution.
Limits
We reserve the right to monitor use of the Service and to deactivate or terminate your rights to use the Service (including your Account) if your usage behavior exceeds normal limits, as determined in our sole discretion.
Modification
karibani reserves the right, at any time without notice or liability, to change or eliminate any content or feature or restrict the use of any portion of the Service. Your only right with respect to any dissatisfaction is to cease use of the Service. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service will be subject to these Terms.
Third-Party Payment Processors
You agree to pay us, through our payment processors, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you sign up for a Subscription. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received.
Termination
You agree that we may deactivate or terminate your rights to use the Service (including your Account) or terminate your Plan (i) if we believe that you have breached or acted inconsistently with these Terms and (ii) at any time for any reason at our sole discretion if you are a subscription holder under a Free Plan or a Classrooms Plan. You agree that any such deactivation or termination for the foregoing reasons may be effected without prior notice to you and that we will not be liable to you or any third party for any deactivation of your Account or termination of your Plan.
Rights
We represent, warrant, and covenant that: (i) we have and will have all rights, titles, licenses, intellectual property, permissions and approvals necessary in connection with our performance under these Terms to grant you the License granted hereunder; and (ii) neither the Service, nor the provision or utilization thereof as contemplated under these Terms, will infringe, violate, trespass or in any manner contravene or breach or constitute the unauthorized use or misappropriation of any intellectual property of any third party, provided that this clause will not apply to the extent any such infringement, violation, trespass or contravention, breach, or unauthorized use or misappropriation of any intellectual property is caused by a combination of the Service with User Content or any materials, software, devices, or other things that are not under karibani control.
User Content
User Content means any information and content that a user submits to, or uses with, the Service (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not and will not violate the Restrictions. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Karibani. Karibani is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
License
You hereby grant (and represent, warrant and covenant that you have the right to grant) Karibani an irrevocable (except where prohibited by law), non-exclusive, royalty-free and fully-paid-up, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Enforcement
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any Restrictions or any other provision of these Terms. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 6, and/or reporting you to law enforcement authorities.
Feedback
If you provide Karibani with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to Karibani all rights in such Feedback and agree that Karibani will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Karibani will treat any Feedback you provide to Karibani as non-confidential and non-proprietary. You agree that you will not submit to Karibani any information or ideas that you consider to be confidential or proprietary.
Third-Party Links & Ads; Other Users
The Service may contain links to third-party websites, content and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Karibani, and Karibani is not responsible for any Third-Party Links & Ads. Karibani provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Indemnification
You agree to indemnify and hold Karibani (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Karibani reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any indemnifiable matter without our prior written consent. Karibani will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Subscription Disclaimers
Karibani make no guarantees as to the availability of any specific content in any Subscription Plan or as to any minimum amount of content in any Subscription Plan. At any point in the future, we reserve the right to offer or cease to offer additional features to any Subscription Plan, or to otherwise modify or terminate a Subscription Plan at our sole discretion. We have no responsibility to preserve or store the content inputted by you in connection with your use of any Subscription Plan.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES AND ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES, ONLINE COURSES, AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES, WEBSITES, , CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF SERVICES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL KARIBANI BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS TERMS OF USE (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS OR USER’S RELIANCE ON OR USE OF ANYTHING LEARNED IN ANY ONLINE COURSE IN ANY MANNER) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. KARIBANI’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS TERMS OF USE WILL NOT EXCEED THE GREATER OF TWENTY U.S. DOLLARS ($20) OR THE AMOUNT OF FEES RECEIVED BY KARIBANI FROM THE COMPLAINING USER FOR THE USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, A USER’S USE OF CODE OR SKILLS LEARNED DURING ON AN ONLINE COURSE WHICH USER UTILIZES IN ANY MANNER); THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT KARIBANI WOULD NOT ENTER INTO THIS TERM OF USE OR MAKE THE SERVICES AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
LINKING TO THIRD-PARTY SITES AND CONTENT
The Websites and/or Online Courses may contain links to pages or content on third-party websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. Karibani does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Websites or Online Courses at any time for any reason or for no reason. KARIBANI WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
INDEMNITY
You agree to indemnify, defend and hold harmless Karibani, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Services in violation of this Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided through the Services in a manner inconsistent with this Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on or through the Services, including without limitation any claim of infringement of intellectual property or other proprietary rights.
TERMINATION OF RIGHTS
You agree that Karibani, in its sole discretion, may deactivate your User Account or otherwise terminate your use of the Services, or any part thereof, for any reason or no reason, including, without limitation, if Karibani believes that you have (a) breached this Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Services; or (d) violated or acted inconsistently with the letter or spirit of this Terms of Use or any applicable code of conduct, including, without limitation the Honor Code or Code of Community Conduct. You agree that any deactivation or termination of your access to the Services may be affected without prior notice to you and that Karibani shall not be liable to you nor any third-party for any termination of your User Account or access to the Online Courses or Services. You also acknowledge that Karibani may retain and store your information on Karibani’s systems notwithstanding any termination of your account or the Online Courses as set forth in our Privacy Policy.
MISCELLANEOUS PROVISIONS
Karibani may freely transfer or assign any portion of its rights or delegate its obligations under this Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under this Terms of Use without the prior written consent of Karibani. Karibani makes no representations that the Services operate (or are legally permitted to operate) in all geographic areas, or that the Services, or information, services or products offered through the Services are appropriate or available for use in other locations. If any provision of this Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. Karibani shall have no liability under this Terms of Use to the extent arising from any failure of Karibani to perform any of its obligations under this Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within Karibani’s reasonable control. Karibani shall not be responsible for damage or other problems caused by any unauthorized change to this Terms of Use made by way of hacking or cracking this page.
General
These Terms are subject to occasional revision, and if we make any substantial changes, we notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on this page and elsewhere in the Service. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on this page and in the Service. These changes will be effective immediately for new users of the Service. Continued use of the Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Governing Law and Jurisdiction
These Terms are governed by and will be construed in accordance with the laws of the United Kingdom, without reference to its choice or conflicts of law principles.
Dispute Resolution
If any dispute should arise with regard to these Terms (i) the parties agree to first work in good faith to resolve such dispute, and neither party may commence any action with regard to such dispute until thirty (30) days have passed from the time such party has provided notice to the other party of the nature of such dispute, provided that nothing herein will prevent us from seeking injunctive relief in the event of your actual or threatened breach of any terms of these Terms; (ii) the party prevailing in such dispute, whether by out-of-court settlement or final judicial determination, will be entitled to recover from the non-prevailing party all costs and expenses of such dispute incurred by such prevailing party, including without limitation reasonable attorneys’ fees.
Notice
Any notice which may be required to be given under these Terms, will be given: (i) to you via e-mail to the e-mail address you maintain in your account settings or by notifying you electronically by displaying the notice in the Service; (ii) to us in any commercially reasonable manner, including certified mail, return receipt requested, e-mail, or any other customary means of communication at the applicable mailing address as may be updated from time to time. Any notice given otherwise than in accordance with this Section will be deemed ineffective.
Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Service. To the extent that you have entered into a Business Plan subscription through a master service agreement, an Order Form or any other written agreement fully executed and signed by an authorized representative of Karibani that contain terms that directly conflict with any terms of these Terms, then the conflicted terms set forth in such other agreement will control. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. The word “may” means “has the right, but not the obligation, to”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Assignment
These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Karibani’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Karibani may freely assign these Terms. The terms and conditions set forth in these Terms will be binding upon assignees.
Contact Information
Karibani
Address: Company Address
Email: info@karibani.com