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EXCELL E-LEARNING HUB

TERMS OF USE


Effective: January 1, 2020


Thank you for using Excell!

Excell's products and services are provided by Excell E-Learning Hub Ltd. These Terms of Use ("Terms") govern your use of Excell website (Excell.co.ke), apps, and other products and services ("Services"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, contact us at info@excell.co.ke if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

Using Excell.co.ke


Who May Use our Services

You may use our Services only if you can form a binding contract with Excell.co.ke, and only in compliance with these Terms and all applicable laws. When you create your Excell.co.ke account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions.

Our License to You

Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and course-specific eligibility requirements, and other terms), we grant you a limited, personal, 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, unless you obtain Excell.co.ke written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Excell.co.ke, and you will not share with any third-party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Content Offerings


Changes to Content Offerings

Excell.co.ke offers courses and content ("Content Offerings") from learning institutions and other providers ("Content Providers"). While we seek to provide world-class Content Offerings from our Content Providers, unexpected events do occur. Excell.co.ke reserves the right to cancel, interrupt, reschedule , or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.

No Academic Credit

Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Content Offering does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a Content Offerings unless you have earned a Course Certificate or other equivalent documentation of your completion of the Content Offerings. Excell.co.ke, instructors, and the associated Content Providers have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.

Disclaimer of Student-Partner Relationship

Except as described in the Degree Programs Section below, nothing in these Terms or otherwise with respect to your participation in any Content Offerings by university or company partners ("Partners") : (a) establishes any relationship between you and any Partner; (b) enrolls or registers you in any Partner institution, or in any Content Offering offered by any Partner institution; or (c) entitles you to use the resources of any Partner institution beyond participation in the Content Offering.

Your Content

User Content

The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like ("User Content"), with Excell.co.ke, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share. User Content does not include course content or other materials made available on or placed on to the Excell.co.ke platform by or on behalf of Excell.co.ke Content Providers or their instructors using the Services, the Content Offerings; as between Excell.co.ke and its Content Providers, such Content Offerings are governed by the relevant agreements in place between Excell.co.ke and its Content Providers.

How Excell.co.ke and Others May Use User Content

To the extent that you provide User Content, you grant Excell.co.ke a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Excell.co.ke the right to authorize Partners to use User Content with their registered students, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights Excell.co.ke may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Excell.co.ke does not waive any rights to use similar or related Feedback previously known to Excell.co.ke, developed by its employees or contractors, or obtained from other sources.

Security


We care about the security of our users. While we work to protect the security of your account and related information, Excell.co.ke cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing info@excell.co.ke.

Third Party Content


Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Excell.co.ke cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Excell.co.ke disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third party content.

Copyright and Trademark Policy


Excell.co.ke respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Excell Copyright in accordance with applicable law, including the Digital Millennium Copyright Act.

Education Research


Excell.co.ke is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.

Paid Services from Excell


Excell.co.ke offers paid Services (e.g., Course Certificates for certain courses) for a fee. Unless otherwise stated, all fees are quoted in Kenya Shilling (KES). You are responsible for paying all fees charged by or for Excell.co.ke and applicable taxes in a timely manner with a 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 Excell.co.ke reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy. Degree Programs may allow you to enroll in degree Programs offered by our university partners on the Excell.co.ke Platform. Excell.co.ke university partners serve as the distance education providers of these programs and determine admissions, refund, and graduation or completion policies and requirements. Nothing in these Terms shall restrict the applicability to you of any institutional policies established by our university partner in connection with these programs (e.g., student codes of conduct); such policies shall supplement these Terms and to the extent there is a conflict between such policies and these Terms, as between you and our university partner, our university partner’s policies shall govern.

Modifying and Terminating our Services


We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, Excell.co.ke may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of Excell.co.ke, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the " Excell.co.ke Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.

Disclaimers


THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE EXCELL.CO.KE PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE EXCELL.CO.KE PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability


TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE EXCELL.CO.KE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE EXCELL.CO.KE PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL EXCELL'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWO THOUSAND KENYA SHILLINGS (KES 2000) OR THE TOTAL AMOUNT OF FEES RECEIVED BY EXCELL.CO.KE FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE EXCELL.CO.KE PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO EXCELL.CO.KE'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification


You agree to indemnify, defend, and hold harmless the Excell.co.ke Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction


The Services are managed by Excell.co.ke, which is located in Nairobi County, Nairobi, Kenya. You agree that any dispute related to these Terms will be governed by the laws of the Republic of Kenya, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the republic and state courts located in and serving Nairobi County, Nairobi as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than one million Kenya Shillings (KES1,000,000), either you or Excell.co.ke may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and Excell.co.ke. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

General Terms


Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability; Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Content Providers

Excell.co.ke’s Content Providers, and integrated services providers are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.

Referenced Policies


Acceptable Use Policy
Effective: January 1, 2020

Excell.co.ke's mission is to provide universal access to the world’s best education. We believe strongly in preserving free speech and expression for our users as well as academic freedom for our Content Providers and instructors. We also want to make sure that all of our users and instructors feel safe and comfortable while using our Services. We have drafted this Policy to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.

We may remove or edit inappropriate content or activity identified by or reported to us or suspend, disable, or terminate a user's access to all or part of the Services. You are prohibited from using our Services to share content that:

You also aren't allowed to:



Copyright and Trademark Policy


Effective as of January 1, 2020.

Excell.co.ke respects the intellectual property rights of our Content Providers, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Kenyan copyright law.

If you believe in good faith that materials on the Services infringe your copyright, the DMCA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.

The notice must include the following information:

  1. the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
  3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Excell.co.ke to locate the material on the Services;
  4. the name, address, telephone number, and email address (if available) of the complaining party;
  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent: via email: info@excell.co.ke

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA. Excell.co.ke also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by Excell.co.ke in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at info@excell.co.ke, and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

Refund Policy


Effective as of January 1, 2020.

For details on our refund deadlines and policies, please refer to the information below. Please note that our policies differ between subscription payments and one-time payments made for course, Specialization, and guided project purchases, and that payment options may vary from one Service to another. Please also note that we treat violations of our Terms of Use and Honor Code very seriously, and we have no obligation to offer refunds to users who violate these terms, even if their requests are made within the designated refund period. Similarly, we have no obligation to offer late refunds to users who do not receive a passing mark in the Content Offering, or who are otherwise unsatisfied with their final grade. For more information about our refund process, including instructions for requesting a refund, please visit our FAQs section on the Excell.co.ke website.

For Month-to-Month Subscriptions


Excell.co.ke does not offer refunds for payments made on a month-month subscription plan. Your subscription will continue on a month-to-month basis unless and until you cancel or the subscription is suspended or discontinued by Excell.co.ke. For subscriptions to individual Specializations, Excell.co.ke will automatically discontinue your subscription at the end of the monthly period during which you earn a Specialization Certificate for the Specialization, unless you have subscribed through a third-party marketplace that restricts Excell.co.ke's ability to do so. Please visit the third-party marketplace for information regarding their policies. You must cancel your subscription before your monthly renewal date to avoid the next billing.

If you cancel your subscription, cancellation will be effective at the end of the current monthly period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.

For Degree Programs


Refund policies for degree programs are established and administered by the university partner offering the program. Refund policies are communicated to students by Excell.co.ke’s university partners.

For Other Paid Services


Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, Excell.co.ke has no obligation to provide refunds or vouchers for any other Services.

Third Party Marketplaces


Notwithstanding the foregoing, if you purchase or subscribe for a course, Specialization, guided project, or purchase any other paid Service, through a third party marketplace (e.g., in-app purchases through the Apple App Store or purchases made through certain alternative payment services), the refund policy applicable to that third party marketplace will apply, unless otherwise explicitly stated by Excell.co.ke. Except as otherwise explicitly stated by Excell.co.ke, the third-party marketplace will be solely responsible for making refunds under its refund policy, and Excell.co.ke will have no refund obligations. Excell.co.ke disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.