Terms and Conditions
1. Introduction
TUSOME PUBLISHERS (hereinafter referred to as “provider” or “TP”) is an online learning system under the internet domain admin@tusome.africa which you can use to improve your skills in an easy and efficient manner TP is available over your internet browser. TP courses is a repository of eBooks, Audio Books, Video Lessons and Online Quizzes.
With your registration with TP you (hereinafter referred to as “user”) agree to these general terms and conditions of business (hereinafter referred to as “T&C”). By completing the registration you enter into a valid contract with the provider. Please read these T&C carefully, as they make up the legal framework applying to the use of the TP eLearning Platform.
TP offers online Soft Skills Courses. The content is professionally produced and ad-free. To allow for a high standard of technology and learning material, fees are necessary. However, they are not charged without explicit warning to the user. TP exclusively addresses private individuals or final consumers, so that only they may be registered. Please take a look at the details on data protection at www.tusome.africa/privacy-policy/
2. Scope, Definitions
The T&C apply to all users of the TP eLearning Platform. Any deviating or supplementary provisions agreed upon the conclusion of the contract shall only apply if drawn up in writing. The T&C apply to all services provided by TP.
3. Registration and Conclusion of the Contract
3.1 Bookings can be made by:
– Creating a free user/student account by clicking on “Sign-Up” and entering your personal data
– Selecting the desired course by clicking on “enrol now” or “place into cart”
– Mandatory dispatch of the order by clicking on “pay”
Thus, the participant makes a binding offer to use the selected services provided by the provider.
3.2 The qualifying contract to use the services provided by the provider is only valid when receiving the confirmation email. This email contains the information that the account was set up and the required credentials and a link for the booked course via which the subscriber can log on to the console and start taking the course. The customer must immediately inform any shortcomings and mistakes of the services.
3.3 The Provider reserves the right to not accept a booking without giving reasons. If the provider does not accept a booking, this will be communicated to the affected users immediately by email. Bookings are limited to the specific course offering and do not entitle you to other courses or an extension of access
3.4 Contractual partner of the participant:
TUSOME PUBLISHERS
P.O. Box 3260 – 00200 – NAIROBI – KENYA
3.5 The use of all these services is a matter reserved to the participant. A transfer of the credentials, the access or the content is expressly prohibited.
4. Prices and Services
4.1 The costs of a course are specified in the course descriptions. Prices include VAT and are final. A partial use of the online training does not grant a reduction of fees.
4.2 The prices include the use of the course portal, viewing of the course content, taking the course exams, and receiving a digital course certificate (JPG-file).
5. Payment Methods
5.1 Usage fees for services are payable in advance.
5.2 The user may affect payment by using one of the payment methods specified such as a credit card or PayPal and MPESA. You can contact admin@tusome.africa if you wish to pay offline by Cheque or by Banks Transfer. Access will be created for courses once offline payment has been credited to our Bank Account.
************************************************************************************************
6. User’s (Consumer’s) Right of Cancellation
6.1 Cancellation Right
You may cancel the contract within 7 days without giving reasons In order to observe the cancellation period, it is sufficient to send the cancellation during the cancellation period. The cancellation shall be sent by email to: admin@tusome.africa
6.2 Consequences of Cancellation
In the case of a valid cancellation the benefits exchanged between the parties have to be returned and possible utilizations (including interests) are to be handed over. If you are unable to return the benefits and utilizations (e.g. any benefits of use) or if you can only return those in part or only in a degraded state, you will have to indemnify us. This may result in you having to pay the contractual payment for the period until your cancellation. Obligations to return any payments are to be fulfilled within 14 days. The period begins for you with sending the cancellation and for us with its receipt.
6.3 Special Advice
Your cancellation right ends earlier when the contract has been fulfilled completely at your express request, prior to you exercising your cancellation right.
***********************************************************************************************
7. Rules of Use and Liability of the User
7.1 The user is obliged to make truthful information when registering. The user account on www.tusome.africa applies only to the respective user and is not transferable. Username and password (login), identify the user and may be used only by the user. The user is responsible for ensuring that third parties having no knowledge of his password. The provider reserves the right to terminate the user’s account in case of suspicion of misuse or may cancel the access to the portal.
7.2 The User is responsible for all acts of the user account. The Provider reserves the right, if necessary, to claim the revenue loss caused by the damage.
8. Content and Accessibility of the Study Portal and Liability
8.1 The provider strives to ensure that the portal functions properly at all times. However, the provider does not guarantee uninterrupted access.
8.2 For providing its service, the provider uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by the provider, the user must likewise use these technologies (e.g. up-to-date browser technologies, Adobe Flash) or enable their use on its computer (e.g. activate JavaScript able cookies and pop-ups). If older or not commonly used technologies are used, the user might only be able to make limited use of the services provided by the provider.
8.3 Claims for damage on the part of the user are excluded unless stated otherwise below. The exclusion does not extend to damage claims asserted by the user arising from death or injury to body or health or infringement of essential contractual obligations (cardinal obligations) as well as the liability for other loss or damage caused by a premeditated or grossly negligent contractual infringement on the part of the provider, its legal representatives or vicarious agents. Essential contractual obligations are those which must be met to achieve the goal intended by the contract. A “cardinal obligation” or “essential contractual obligations” are obligations the discharge of which enables the contract to be properly performed in the first place and the contracting party usually relies on and may rely on.
8.4 In the event of infringement of essential contractual obligations, the provider shall only be liable for contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence unless it is a case of damage claims asserted by the user arising from death or injury to body or health.
8.5 The restrictions as set forth under paragraphs 3 and 4 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted against them directly.
9. Copyrights, Trademark Rights, Property Rights and Rights to the Use of Names
Unless content is expressly labelled as creative commons all texts, images and other works created by the provider and distributed within the context of the study portal are protected by copyright and any use outside of the portal requires the prior approval of the provider.
10. Privacy Policy
Please take a look at the details on data protection on our “Privacy Policy” site.
11. Final Provisions
11.1 Agreements between the provider and the user shall be subject to the laws of the Republic of Kenya. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
11.2 The Parties agree to exclude those provisions of the Kenyan civil law that may cause the exclusive application of any other jurisdiction.
11.3 Should individual points of these T&C be legally invalid, the remaining portions hereof shall be unaffected and remain binding.
11.4 The provider reserves the right to modify these T&C at any time and without indicating the reason for such modification, as far as those modifications are based upon changes in the services provided by the provider, changes of the IBMI or upon legal changes or changes due to technical requirements. This includes the provider offering new services. The modified T&C shall be sent to the user in advance by email. If the user does not object to the modified T&C within a period of six weeks, they are deemed to be accepted. If the user objects, the provider may close the user’s account and receive a refund for any the rest of the respective term. The provider shall separately point out these legal consequences in the email with the modified T&C.