These Terms of Use (the “Terms”) apply to your access and use of online platform “Iclanhischool” (the “platform”), our websites (including but not limited to https://iclanhischool.com.ng), our blog, and all related services, features, materials, and content available for your use (collectively the “Service”) provided by Iclan Global Services Limited, a company incorporated in Nigeria, RC 7163667, whose registered office is located at 32, Moore Road, Yaba, Lagos State or Alternatively No 8, Biaduo Street, South West Ikoyi, Lagos State in Nigeria (“we”, “us”, “our” or the “Company”). If you have any questions about the Terms or our Service, please contact us at info@iclanhischool.com.ng or iclancontacts@gmail.com Depending on your location, selected payment method, or other relevant factors, access to the Service, particularly with respect to sales, billing, and payment processing may be facilitated by Iclan Global Services Limited or Paystack – its authorized payment gateway partner. Your contractual relationship remains solely with Iclan Global Services Limited.
BINDING MEDIATION AND DISPUTE RESOLUTION NOTICE
These Terms include a Binding Mediation Provision that significantly impacts your legal rights. The mediation provision mandates that any disputes or claims arising from or related to these Terms or our Service will be resolved exclusively through mediation on an individual basis. It is essential that you carefully review all sections of these Terms to fully understand your rights and obligations. By accessing, installing, or using any part of our Service, you confirm that you have read, understood, and agreed to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS (INCLUDING BUT NOT LIMITED TO BINDING MEDIATION PROVISION), YOU MUST NOT ACCESS OR USE OUR SERVICE. CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ONGOING AGREEMENT TO THESE TERMS.
CHANGES TO THESE TERMS
We may change, modify, or remove portions of these Terms at our sole discretion. If we make changes to these Terms, we may post the updated version within our Service and revise the “Effective Date” accordingly. At our discretion, we may also notify you of significant changes. If you do not agree with any updated Terms, you must stop using the Service, delete your account, or cancel your subscription before the Effective Date. Your continued use after changes is implemented constitutes your acceptance of the updated Terms. We encourage you to regularly review these Terms for updates.
IMPORTANT DISCLAIMERS
Our Service is educational product intended solely for general knowledge and entertainment purposes that provides interactive history lessons, quizzes, and personalized learning plans designed to support your intellectual curiosity and help you explore key historical topics. By using our Service, you acknowledge and agree to the following disclaimers:
For Informational Purposes Only
Our Service does not constitute academic certification, professional advice, or formal education. You should not rely on the Service as a substitute for academic coursework, credentialed instruction, or historical research validated by academic institutions. They serve the purposes of increasing cultural and historical awareness only.
Accuracy
We strive to ensure that all materials, including lessons, quizzes, summaries, and curated articles, are accurate, up-to-date, and well-researched. However, we do not guarantee the absolute accuracy, completeness, or reliability of the content. Errors, omissions, or outdated information may occasionally occur. Users are encouraged to consult additional authoritative sources, especially those disclosed in our contents and others, before making academic, professional, or personal decisions based on Service.
Personalized Learning Plan and Recommendations
Our Service may generate customized learning plans or content suggestions based on your inputs, goals, quiz results, or general activity. These recommendations are automated and intended to enhance your learning experience, not to replace human educators or serve as formal assessment tools. The quality and relevance of recommendations may vary depending on your usage habits and profile information provided.
Quizzes and Interactive Features
The quizzes and interactive tools offered in the App are designed to promote engagement and reinforce knowledge retention. However, quiz performance does not reflect formal evaluation standards and should not be interpreted as a measure of academic proficiency. We do not warrant that quiz content is comprehensive, or that your results reflect an objective or standardized measure of historical understanding.
Third-Party Integrations
Some content within the Service may reference or link to third-party sources, databases, or publicly available information. Additionally, certain features (e.g., authentication, analytics, payments or storage) may involve third-party tools or service providers. We do not control the accuracy, availability, or privacy practices of any third-party services or content. Users are solely responsible for reviewing the terms and policies of any third parties whose services are accessed through the webpage.
Your responsibility
You acknowledge and agree that we bear no liability for any claims, losses, liabilities, injuries, or damages, whether actual or alleged, resulting from your use, reliance on, or interpretation of any information or Content provided through our Service. Using the Service may support your learning progress and cognitive development; however, we make no guarantees regarding learning outcomes, retention of knowledge, personal development, or the achievement of any specific educational goals. We do not guarantee that you will remain motivated or engaged through the duration of your learning plan. Educational progress may vary based on individual preferences, learning styles, and external factors.
REGISTRATION AND ELIGIBILITY
Age Restrictions Anyone under the age of thirteen (13) years (or the minimum age required by applicable law in their jurisdiction) is strictly prohibited from creating an account or using the Service without explicit parental or legal guardian consent. By providing consent for a child to use the Service, parents and guardians agree to the following: full responsibility and oversight of the child’s use of the Service, ensuring compliance with these Terms, all referenced documents, and all applicable laws; liability for the child’s compliance with these Terms and for any activity conducted through the child’s account; acceptance of all disclaimers, waivers, and limitations of liability set out in these Terms both on behalf of themselves and the child. Any references to “you” or “your” in relation to the limitations of liability, disclaimers, and indemnifications under these Terms shall be deemed to include the child or ward.
Access to the Service
To use and fully access our Service, you may be required to create an account (“Account”). By doing so, you agree to provide accurate, current, and complete information and to promptly update any changes to your information. Unless otherwise agreed in these Terms, you are responsible for ensuring that all activities performed through your Account represent your own authentic use of the Service. Unless otherwise agreed in these Terms, you accept full responsibility for any actions or activities conducted under your Account, whether through your computer, mobile device, or other means. Your login credentials, including your username and password, are strictly for personal use and must be kept secure and confidential. Sharing your login credentials with others is expressly prohibited, and any breach of this obligation may result in suspension or termination of your Account. If you suspect unauthorized access to your Account or any security breach, you must notify us immediately via info@iclanhischool.com.ng or iclancontacts@gmail.com
SUBSCRIPTIONS
General Information
Trial Subscriptions
We may provide trial subscriptions, which can be either free or paid, allowing temporary access to our platform. If a trial is available, this will be explicitly stated during the checkout process. If no such notice is provided, your subscription purchase will proceed without any trial period. We reserve the right to restrict your ability to participate in multiple trial offers.
Subscription Terms and Renewals
Pricing Changes. We reserve the right to modify subscription fees at any time, to the fullest extent allowed by applicable laws. Advance notice of subscription fees changes may be sent to you, and the updated subscription fee will apply to the next billing cycle. Updated subscription fees will take effect at the start of the next subscription term after the change is implemented. By continuing to use the subscription after the updated pricing takes effect, you agree to the new subscription fees. If you do not accept the subscription fees change, you can cancel your subscription at least 24 hours before the end of the current subscription term to avoid further charges. Promotions. We may offer promotional discounts. These discounts apply only to the initial payment and do not affect future renewal fees. No Future Commitments. By subscribing, you agree that your purchase is not contingent on any future features, updates, or functionality, nor on any representations made by us.
Billing
Payment Authorization. If you subscribe through our websites (including but not limited to https:// HYPERLINK “https://iclanhischool.com.n/”iclanhischool.com.ng), the payment will be processed using your credit/debit card or by transfer to the dislcosed account, once you select a subscription and confirm your purchase.\ Non-Refundable Transactions. Except where applicable law provides otherwise or as outlined in these Terms, all payments are final, non-refundable, and non-transferable.
Refunds
Refund eligibility depends on the platform used for the purchase and is subject to specific conditions, as outlined below. Refunds are assessed on a case-by-case basis in accordance with applicable laws and these Terms. Below you will find the cases when a refund has a higher likelihood to be approved. Website Purchases: Refunds for subscriptions purchased directly through our websites are limited and may only be granted in specific cases, such as where required by law, where they meet our Money-back policy or confirmed technical bugs. Money-back policy: This only applies where the customer has not been able to access the contents due to confirmed technical bugs or challenges caused by us. A refund can usually be claimed only during the subscription period. If the subscription period has expired before you made a request for a refund, we will not be able to provide you with a refund. Confirmed Technical Bugs: In cases where a verifiable and confirmed technical bug prevents the proper use of the Service, a refund request may be considered. To determine whether an issue qualifies as a bug, you must provide us with all necessary technical details. Only after we review the information and confirm that the issue is a bug that materially affects the functionality of the Service may a refund can be processed.
Cancellation Policy
Your subscription continues after payment is made for the contents. After access is granted to the product, we are not obligated to refund any cancellation, unless proof is given of bugs are explained prior.
YOUR USE OF THE SERVICE
User Acknowledgment and Responsibilities
By using the Service, you acknowledge and agree that certain features of the Webpage require access to specific permissions on your device, such as storage, location, or other system settings. You understand and accept that without granting these necessary permissions, the webpage may not function as intended, and certain features may be unavailable or limited. You agree to provide the required access at your own risk and understand that any misuse or unauthorized access to your device through the webpage is solely your responsibility.
Your Representations and Warranties
By accessing or using the Service, you represent, warrant and agree that: You have the legal capacity to enter into these Terms and agree to comply with them fully. You are at least 18 years of age or the age of majority in your jurisdiction, if higher. All information you provide to us in connection with your use of the Service is true, accurate, and complete. You will not use the Service for any illegal or unauthorized purposes and will ensure your use complies with all applicable laws and regulations regarding privacy, security, and location tracking in your jurisdiction. You will not misuse the Service or any Content made available through it, including engaging in unauthorized tracking, surveillance, or data collection that infringes upon the rights of others. You are not listed on any Government list of prohibited or restricted parties. The availability and functionality of the webpage depend on the third-party platform from which you accessed it (e.g., internet service provide). You agree to pay any applicable fees required by the platform and to comply with its terms, conditions, and policies. Third parties incidental to to accessing the platform and their subsidiaries are third-party beneficiaries of these Terms and may enforce them to the extent necessary to protect their rights.
Your Permitted Use of the Service
We allow you to use the Service exclusively for your personal, non-commercial purposes, as intended and defined by us. Any use of the Service for commercial, resale, automated data collection, unauthorized tracking, or any other purpose not expressly authorized by us is strictly prohibited.
Your Prohibited Use of Service
You agree not to use the Service, directly or indirectly, for any unlawful or unauthorized purposes, or in a manner that violates these Terms, including but not limited to: developing, operating, or assisting in the development or operation of a product, service, or software that competes with or serves as a substitute for the Service; engaging in activities that could damage, disable, overburden, or impair the functionality of the Service or its underlying systems, or interfere with another user’s access to or enjoyment of the Service; conducting any fraudulent, deceptive, or harmful activities, including uploading or distributing viruses, worms, trojan horses, or other malicious code designed to disrupt or harm the Service, users, or third parties; copying, adapting, altering, modifying, translating, or creating derivative works based on the Service or any part thereof, without prior written permission from us; engaging in unauthorized framing of or linking to the Service, or embedding it within another service without our permission; reverse engineering, decompiling, disassembling, or otherwise attempting to extract source code or underlying ideas from the Service, except as explicitly permitted by applicable law; attempting to bypass, disable, or interfere with security features or technological protections of the Service; removing, obscuring, or altering any copyright, trademark, or other proprietary notices contained within the Service; using the Service for any revenue-generating, commercial, or promotional purpose without our express written approval; sharing, sublicensing, assigning, selling, renting, leasing, or otherwise transferring your access to the Service or its Content to others without authorization; conducting, facilitating, authorizing, or permitting any text or data mining or web scraping activities in connection with our Service. This prohibition includes, but is not limited to, the use of any automated tools, including “robots”, “bots”, “spiders”, “scrapers”, or similar programs, algorithms, or processes to: (i) access, obtain, copy, monitor, or republish any portion of the website, its content, data, or Service; or (ii) analyze text or data in digital form to derive patterns, trends, correlations, or other insights. This clause constitutes an express reservation of our rights concerning text and data mining or web scraping. Where applicable law prevents us from restricting or excluding such activities by contract, this clause shall only apply to the extent permitted by law.
Right to Refuse or Terminate Access
If any information you provide is found to be untrue, inaccurate, not current, or incomplete, or if you violate these Terms, we reserve the right to immediately suspend or terminate your access to the Service, including any current or future subscriptions, without prior notice or liability.
LIMITED LICENSE TO THE SERVICE
Content
All text, images, graphics, designs, icons, marks, logos, data, software, and other information displayed on or used to operate the Service (collectively, the “Content”), are proprietary to us or third parties. All rights in and to the Content are reserved by us, except where expressly granted to you under these Terms. No additional rights, whether express or implied, are conferred. Except as expressly permitted in these Terms, you may not copy, modify, store, distribute, reproduce, create derivative works based on, reverse engineer, decompile, attempt to discover the source code of any part of the Service or Content, or otherwise exploit the Content or any part of the Service. The provision of the Service does not transfer or assign any rights, title, or interest in the Content to you or any third party. Any use of our software, trademarks, service marks, trade names, logos, domain names, or other proprietary brand features or Content requires our prior written consent.
License
We grant you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license to access and use the Service solely for your personal, non-commercial purposes. LICENSE TO USER-GENERATED CONTENT Ownership of User-Generated Content You retain all rights, title, and interest in any User-Generated Content you post, share, or log through the Service. User-Generated Content includes, but is not limited to, text, location data, graphics, messages, comments, suggestions, photos, videos, reviews, or other materials you upload, submit, or transmit via the Service. We are not responsible for the accuracy, quality, or legality of User-Generated Content posted by users. Interactions between you and other users are solely your responsibility. We accept no liability for any disputes, damages, or losses arising from these interactions. We may, at our discretion, remove User-Generated Content without notice and are not obligated to retain or restore any removed User-Generated Content, nor are we liable for any loss caused by its removal. Your Acknowledgement in relation to User-Generated Content You acknowledge that your relationship with us is not confidential, fiduciary, or otherwise special, and submitting User-Generated Content does not create any obligations for us beyond those outlined in these Terms, Privacy Policy or your selected privacy settings. User-Generated Content you provide is not subject to any duty of confidentiality on our part, and we are not responsible for any use or disclosure of such User-Generated Content, except as specified in our Terms, Privacy Policy or your privacy preferences. License Grant By providing User-Generated Content through the Service, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, modify, adapt, translate, reformat, display, distribute, create derivative works from, and otherwise exploit your User-Generated Content and your name, username and likeness in connection with the operation, improvement, and promotion of the Service. Personal data, as defined by applicable privacy laws and regulations, is explicitly excluded from the scope of the license granted by you under these Terms. Revocation of License If you wish to revoke the license for specific User-Generated Content, you may contact us. Upon receipt of your request, we will take reasonable steps to remove and cease using the specified User-Generated Content, subject to applicable laws and technical limitations. The Company may retain copies of your User-Generated Content for purposes reasonably necessary to operate the Service, as permitted under these Terms and our Privacy Policy.
WARRANTY DISCLAIMER General Disclaimer The Service, including the App and all related Content, features, and functionality, is provided on an “as is” and “as available” basis, without any representations, warranties, or guarantees of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to: Implied warranties of merchantability, fitness for a particular purpose, and non-infringement; Warranties arising from course of performance, trade, or usage; and Warranties regarding the accuracy, reliability, or availability of the Service. We and our directors, employees, agents, representatives, and suppliers, do not guarantee that: the Service will be secure, uninterrupted, error-free, or available at any specific time or location; Any defects or errors will be corrected immediately but we will take reasonable steps to correct genuine errors timeously; The Service or its content will be free of viruses, malware, or other harmful components; The results obtained from using the Service will meet your expectations; or Content or communications provided by third parties or users through the Service will be accurate, reliable, or complete. Your use of the Service is entirely at your own risk.
Additional Disclaimers We reserve the right, at our sole discretion, to modify, update, suspend, or discontinue the Service or any part thereof at any time without prior notice. We are not liable for any disruptions or losses resulting from such actions. Furthermore, we are under no obligation to screen or monitor any Content, and do not guarantee that any Content available on the Service will be suitable for all users or remain available for any specific duration. Certain features or Content may not be available in your region and may vary by jurisdiction. Our Service is designed solely for informational and personal learning purposes. It does not replace professional data management, IT support, security monitoring, or technical services. You are solely responsible for any reliance on Content accessed through the Service. We disclaim all liability for disputes, damages, or losses arising from such interactions.
Consumer Rights Any issues revolving around consumer rights should be communicated to us not later than 7 days, and will be consider within the best practices available.
Limitations by Jurisdiction Some jurisdictions do not allow the exclusion or limitation of implied warranties or certain damages. In such cases, the disclaimers and limitations in these Terms will apply to the fullest extent permitted by law.
LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, WE, INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, AND DATA PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, USE, DATA, OR GOODWILL. SUCH EXCLUSIONS APPLY REGARDLESS OF WHETHER THE LIABILITY ARISES FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF US TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO US FOR USE OF THE SERVICE AND NOT MORE THAN THE PAYMENTS RECEIVED FROM YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
INDEMNITY To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless us, including our subsidiaries, affiliates, successors, officers, directors, employees, agents, contractors, partners, licensors, and representatives (collectively, the “Indemnified Parties”), from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: Your use or misuse of the Service or User-Generated Content; Your violation of these Terms or any applicable policies; Your violation of the rights of any third party, including intellectual property rights, privacy rights, or other proprietary rights; Any other party’s access and use of the Service with your unique username, password or other appropriate security code. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification under these Terms. You agree to cooperate fully with our defense of such claims. You may not settle any claim without our prior written consent, and we will make reasonable efforts to notify you of any claim, action, or proceeding as soon as we become aware of it.
THIRD-PARTY SERVICES The Services may include links to third-party websites, applications, advertisements, or other resources (“Third-Party Services”). These Third-Party Services are provided for your convenience, but we do not control, endorse, review, or assume any responsibility for their content, accuracy, or suitability. Your access to and use of any Third-Party Services is at your own risk and subject to the terms and privacy policies of the respective third parties. We disclaim all liability for any damages, losses, or issues arising from your use of or reliance on Third-Party Services, including but not limited to: Any transactions, payments, or delivery of goods or services made between you and the third party; Any inaccuracies or inappropriate material in the content, products, or advertisements offered by the third party; Any sharing of links by you or others that direct to Third-Party Services. You further acknowledge that our Services may include advertisements, promotions, or sponsored content, which may appear in various formats and locations. We may not always explicitly identify such content as advertising. The manner and extent of advertisements are subject to change without notice. You are solely responsible for assessing whether accessing or engaging with Third-Party Services is appropriate. This includes taking steps to protect your personal data and complying with any applicable third-party agreements.
YOUR PRIVACY Your personal data is processed by us in connection with your use of the Service in compliance with our Privacy Policy. This policy provides detailed information on how we collect, handle, store, and disclose your data and your rights under data protection laws. Information collected through cookies and similar technologies is addressed in our Cookie Policy, which explains their purpose, how third parties may use them, and how you can manage your cookie preferences. The Privacy and Cookie Policies are incorporated by reference into these Terms. Should any inconsistencies arise between these Terms and the Privacy or Cookie Policy, the provisions of these Terms shall govern.
COMMUNICATION AND CUSTOMER SUPPORT Support If you have any questions, concerns, or require assistance regarding our Service, you may reach out to us using the contact information provided on the webpage or by our official emails. While we are not legally obligated to provide customer support, we may, at our sole discretion, choose to offer support services to users when necessary. Such support, if provided, is offered as a courtesy and does not create any ongoing obligation or entitlement to future support. We will make reasonable efforts to respond promptly to your inquiries; however, we do not guarantee a specific response time.
Feedback We welcome your feedback. You will be prompted to submit comments, suggestions, ideas, feedback, ratings, materials, or other information (“Feedback”) to us through the webpage. You hereby agree that all Feedback that you disclose or submit to us through the webpage is voluntary, non-confidential, and becomes and remains our property. Your disclosure or submission of Feedback to us constitutes an assignment to us of all rights, title, and interest in and to the Feedback. We may disclose or use any Feedback as we see fit without any compensation to you.
REPORTING COPYRIGHT INFRINGEMENT We are committed to responding to any alleged copyright violations, should they occur. As a historical research, educational and informational organization, we understand the importance of copyright and the available sources of our contents are credited as disclosed on the contents. For further enquiries, you can send the notice to us via info@iclanhischool.com.ng or iclancontacts@gmail.com. Such notice must be in writing and contain the following information: your address, telephone number, and e-mail address; a description of the copyrighted work or other intellectual property that you claim has been infringed (including infringing and source URL); information sufficient to permit us to locate the alleged infringing work. If possible, please provide links to the exact location so that we may quickly and more easily locate the material or link; include the following statement: «I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law»; include the following statement: «I swear, under penalty of perjury and prosecution, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed»; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
TERMINATION Term These Terms take effect from the date you first access or use our Service and will remain in force until terminated in accordance with this Section.
Termination by Us We may terminate these Terms, suspend or restrict your access to the Service, or delete your Account immediately upon providing notice if:
You have used the Services in violation of these Terms; Unauthorized access or activity is detected on your Account or related to your use of the Service; We decide, at our sole discretion, to withdraw the Service (in whole or in part); We are required to do so due to a legal or regulatory obligation; You request the deletion of your Account or personal data; or For any other lawful reason, provided we have given you reasonable advance notice via email, or any electronic communication within the Service. We reserve the right to block your access to the Service to prevent re-registration or unauthorized access if your account has been suspended, terminated, or deleted.
Termination by You You may terminate these Terms at any time by ceasing to use the Service. If you have purchased a subscription, please refer to the relevant section of these Terms for detailed instructions on how to cancel your subscription properly to avoid future billing.
Effect of Termination Upon termination of these Terms all licenses granted to you under these Terms will immediately terminate and all provisions that by their nature are intended to survive termination shall remain in effect. This includes, but is not limited to any other provisions necessary to enforce rights or obligations that accrued prior to termination.
DISPUTE RESOLUTION BY BINDING MEDIATION THIS SECTION OUTLINES YOUR RIGHTS AND OBLIGATIONS REGARDING DISPUTE RESOLUTION. PLEASE READ IT CAREFULLY, AS IT INCLUDES MANDATORY BINDING MEDIATION. THIS SECTION SHALL BE REFERRED TO AS THE “MEDIATION AGREEMENT”
For Users in Nigeria, the Mediation shall be governed by the Nigerian Arbitration and Mediation Act 2023. For other users, the Mediation shall be according to best practices possible in Mediation. The Nigerian courts shall have exclusive jurisdiction over any Disputes (as defined herein) that are not resolved through the Mediation Agreement outlined in these Terms. Venue: All disputes between you and us will be resolved exclusively through binding mediation conducted in Nigeria and could be physical or virtually, as may be agreed by parties. Mediator: Parties shall agree on the choice of Mediator in resolution of their disputes or approach the relevant authority on Mediation for recommendations. Governing Law: All arbitration proceedings shall be governed by the substantive Arbitration and Mediation Act 2023 of Nigeria, regardless of any conflicting choice of law provision elsewhere in these Terms. Notwithstanding the above, the following exceptions apply: Litigation: Either party retains the right to bring an individual claim in court for disputes or claims within the jurisdictional limits of such a court. Injunctive or Equitable Relief: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect or enforce intellectual property rights, including copyrights, trademarks, trade secrets, patents, or similar proprietary rights. Remedies. The mediator shall have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Individual Relief Only. The mediator may award relief solely in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. The mediator shall have no authority to award relief to or against anyone who is not a party to the arbitration. Furthermore, the mediator may not consolidate multiple parties’ claims or preside over any form of class, joint, or representative proceeding. Fees. Each party shall bear the Mediation costs Assessment of Fees. The prevailing party shall be entitled to an award of reasonable filing fees. Confidentiality. Except as may be required by law, neither a party nor an mediator may disclose the existence, content, or results of any mediation hereunder without the prior written consent of both parties.
Opt-Out Option. You may opt out of this Mediation Agreement within 30 days of accepting these Terms by submitting your notice via info@iclanhischool.com.ng, stating your intention to opt out. Opting out will not affect other provisions of these Terms.
Severability. If any portion of this Mediation Agreement is deemed invalid or unenforceable, that portion shall be severed, and the remaining provisions shall remain in full force and effect
Survival. Except stated otherwise, this Mediation Agreement shall survive termination of these Terms.
Digital Content Exception and Waiver By purchasing a subscription to access and use the Service, you expressly consent to the immediate supply of such digital content and acknowledge that, by doing so, you waive your statutory right of withdrawal upon commencement of access to the Service. Any withdrawal after access is granted will entitle us to a compensatory charge, depending on the timeline. Refunds If you exercise your right of withdrawal, where applicable, we will deduct a proportionate amount corresponding to the Service you have used up to the time of notification. Refunds will be processed using the same payment method used for the original transaction, unless agreed otherwise.
MISCELLANEOUS Governing Law These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria and international best practices.
Entire Agreement These Terms constitute the entire agreement between you and us regarding your access to and use of the Service and supersede all prior agreements, understandings, or representations, whether written or oral.
No Waiver Failure or delay by us to exercise any right or enforce any provision under these Terms shall not operate as a waiver of such right or provision. A waiver will only be effective if explicitly stated in writing and signed by an authorized representative.
Severability If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified or severed to the minimum extent necessary to comply with the law, without affecting the enforceability of the remaining provisions.
Assignment You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time and without prior notice, including via novation. Posting an updated version of these Terms identifying the new party shall serve as valid notice of such transfer. These Terms are binding and will inure to the benefit of both parties and their respective successors, assigns, and legal representatives.
Electronic Communications By interacting with the Service or communicating with us electronically, you consent to receive communications electronically and agree that such communications, including notices, disclosures, and agreements, have the same legal effect as those provided in writing. You acknowledge that your electronic submissions constitute a legally binding agreement.
Force Majeure We shall not be held liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, governmental actions, labor disputes, or disruptions in telecommunications.
Third-Party Rights Except as expressly stated herein, these Terms are intended solely for the benefit of the parties and do not create any rights for third-party beneficiaries.
Headings and Construction Headings in these Terms are provided for convenience only and shall not affect their interpretation.