These Terms of Use were last updated on March 24th, 2023.
1. INTRODUCTION
1.1. WELCOME TO KULIMA
KULIMA, (“Company”, “we” or “us”) provides its Services (as described below) to you through its website located at www.kulima.edu.zm and through its mobile applications and other interactive properties owned and operated by KULIMA (collectively, the “Site”), subject to the following Terms of Use.
The Site is an online community which aims to make agriculture learning accessible to everyone. The Site enables users to access and/or purchase courses made available on the Site. Services include, but are not limited to, any service and/or content KULIMA makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site.
1.2. ACCEPTANCE OF TERMS OF USE
These terms of use are entered into by and between you and KULIMA. The following terms and conditions, together with any documents that are expressly incorporate by reference (collectively “Terms of Use”), govern your access to and use of the Services, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Services. By using the Services and accessing the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://kulima.edu.zm/pages/terms, incorporated herein by reference. If you do not agree to these Terms of Use or Privacy Policy, promptly exit this page without accessing or using any of the Services.
If you are using the Services on behalf of a business, that business also accepts these Terms of Use.
1.3. CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. If we change these Terms of Use, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons which will be effective immediately.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
2. ACCESSING THE SERVICES AND ACCOUNT SECURITY
2.1. ACCESS TO THE SERVICES
KULIMA reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that KULIMA will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. We will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Services are accessible worldwide, but this does not mean all Services or service features are available in your country, or that User Contributions (as defined below) available via the Services are legal in your country. KULIMA may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you live. Services are not available in all languages.
If you are younger than the required age for consent to use online services where you live, you shall not use the Services but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you must not access the Services. If we discover that you have created an account that violates these rules, we will terminate your account.
2.2. REGISTRATION
To access the Site or some of the Services it offers, you may be asked to provide certain registration details or other information. You agree to: (a) provide true, accurate, current and complete information about yourself in the registration form and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if KULIMA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KULIMA has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
2.3. ACCOUNT SECURITY
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. It is your responsibility to keep your login credentials secure and you are solely responsible for all activities that occur via your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. KULIMA will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. USER CONDUCT
3.1. USE OF THE SERVICE
The Site and the Service is solely for your personal and non-commercial use. Unless otherwise expressly authorized in writing by KULIMA, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
The Service should not be used or relied upon for storage of your photographs, images, videos, sounds or any other content you uploaded, and you shall retain your own copies of all content posted on the Site. We have no obligation to retain any of your content for any period of time beyond what may be required by applicable law.
3.2. PROHIBITED USES
You hereby agree not to use the Services for any purposes that are unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by KULIMA. Solely as an example, without limitation you agree not to use the Services:
In a way that violates any applicable local, state, national or international law or regulation.
To (or attempting to) abuse, harm, harass, threaten, impersonate or intimidate any person.
To send, knowingly receive, upload, post, download, use or re-use any material or content that (i) contain any material which is unlawful, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any person or entity; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise may be in conflict with these Terms of Use; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote or assist any unlawful act; (vii) cause annoyance, inconvenience or needless anxety or be likely to upset, embarrass, alarm or annoy any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or (x) give the impression that they emanate from or are endorsed by KULIMA or any other person or entity, if this is not the case.
To transmit, or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
To impersonate or attempt to impersonate KULIMA, a KULIMA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing) or otherwise misrepresent your affiliation with a person or entity.
To create multiple accounts for the purpose of liking (i.e., giving “likes”’ votes) for or against user’s projects, to artificially inflate or alter “likes”, comments, etc. or giving or receiving money or other compensation in exchange for ‘likes’, or for participating in any other organized effort that in any way artificially alters the results of the Services.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm KULIMA or users of the Services, or expose them to liability.
Additionally, you agree not to:
Bypass any measures we may use to prevent or restrict access to the Services.
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Obtain or attempt to obtain or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, any server, computer or database connected to the Services or to private accounts of other users.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
KULIMA shall have the right to remove any content that violates the Terms of Use or is otherwise objectionable.
If you suspect there has been a breach of these Terms of Use (other than relating to copyright infringement notices, as described below) please contact us through our Web Form.
4. DISPUTES BETWEEN USERS
You agree that you are solely responsible for your interactions with any other user in connection with the Service and KULIMA will have no liability or responsibility with respect thereto. KULIMA reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
5. INTELLECTUAL PROPERTY
5.1. KULIMA’S INTELLECTUAL PROPERTY RIGHTS
The Services and related content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by KULIMA, its licensors or other providers of such material and are protected by Zambia and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. When accessing the Services and/or when purchasing a course we grant you a limited, non-exclusive, non-transferable, license to access the KULIMA content and view (a) course(s) through the Services on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by KULIMA. KULIMA may revoke your license at any time at its sole discretion. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services.
KULIMA’s name, KULIMA’s logo and all related names, logos, product and service names, designs and slogans are trademarks of KULIMA or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.
You must not delete or alter any copyright, trademark or other proprietary rights notices from any materials on the Site.
Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
5.2. USER CONTRIBUTIONS
You retain all rights and ownership of your photographs, images, videos, sounds or any other content or material you upload through the Services or share with other users or recipients (collectively, “User Contributions”). KULIMA does not claim any ownership rights in your User Contributions. However, by providing or uploading any User Contributions you hereby grant and will grant to KULIMA, its affiliates and service providers (and each of their respective licensees, successors and assigns) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, reproduce, upload, store, distribute (through multiple tiers of distribution and partnerships), modify, adapt, publicly perform, publicly display, publish, and otherwise use and fully exploit your User Contributions in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise). KULIMA will always give you proper credit when using your User Contributions. In addition, by submitting your User Contributions you grant other KULIMA users, visitors and teachers the right to share your User Contributions via social media platforms integrated with KULIMA (such as Instagram, Pinterest, Facebook or Twitter). You may terminate this license at any time by removing your User Contributions from the Services. If you delete such content, KULIMA will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the content may not be immediately unavailable.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to KULIMA and its affiliates and service providers (and each of their respective licensees, successors and assigns) and other KULIMA users, visitors and teachers are non-confidential and said parties will be entitled to the unrestricted, perpetual use and dissemination of these Submissions for any purpose, commercial or otherwise, in any way, in any media without acknowledgment or compensation to you.
You represent and warrant that: (i) You own or control all rights, title and interest in and to the User Contributions and have the right to grant the licenses granted above; and (ii) All of your User Contributions and Submissions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for all User Contributions and Submissions you submit or contribute, and you, not KULIMA, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
KULIMA is not responsible, or liable to any third party, for the content or accuracy of any User Contributions or Submissions posted by you or any other user of the Services (including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content). You acknowledge that KULIMA does not pre-screen content, and that KULIMA and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, KULIMA and its designees will have the right to remove any content that violates these Terms of Use or is deemed by KULIMA, in its sole discretion, to be otherwise objectionable.
We have no obligation to retain any of your User Contribution for any period of time beyond what may be required by applicable law.
You also understand and acknowledge that your User Contributions posted on the Services can be unlawfully copied by third parties without your or our consent, despite reasonable efforts by us to prevent such unlawful activity, You agree and understand that KULIMA shall not be liable to you for any such unlawful copying of your User Contributions.
5.3. COPYRIGHT COMPLAINTS AND COUNTER-NOTICES
KULIMA respects the intellectual property of others, and we ask our users to do the same. We have adopted the following policy toward copyright infringement related to the Services in accordance with the Digital Millennium Copyright Act ("DMCA").
If you believe in good faith the Site is hosting content that infringes your copyright, please let us know by submitting a notice to our Copyright Agent via email at copyright@kulima.edu.zm. Your notice must contain ALL of the following:
Identification of the copyrighted work(s) claimed to have been infringed.
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (i.e., URL address).
Contact information so that we can reach you (address, telephone number and email address).
A statement by you that you have 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.
A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Before you file an infringement notice, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. Please also check to make sure you haven’t authorized the use at issue (for example, whether you have given a creative professional who prepared materials for your company the right to use those materials as examples of his or her past work). If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney.
In all cases, if you do not hear from us within 14 days of submitting a complaint, please contact us at the support@kulima.edu.zm and we will respond as soon as possible.
After removing access to the material pursuant to a valid notice, KULIMA will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. KULIMA reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated notifications.
If you believe access to your content was disabled or removed by KULIMA as a result of an improper copyright infringement notice, please send our Copyright Agent (contact information above) a written counter‐notice that contains all of the following:
A description of the work improperly removed, along with your user name and the location in the Site at which the content appeared before it was removed or disabled.
Contact information so that we can reach you (address, telephone number and email address).
A statement under penalty of perjury, signed by you, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
A statement that you consent to jurisdiction of Zambian Court and that you will accept service of process from the person who provided notification of the alleged infringement.
Before you file a counter-notice, please carefully consider whether or not your use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court decides your counter-notice misrepresented that the material was removed by mistake.
Upon receipt of a valid counter-notification, KULIMA will forward it to the notifying party who submitted the original notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If KULIMA does not receive any such notification within ten (10) days, we may restore the material to the Services.
6. MONITORING AND ENFORCEMENT; TERMINATION
KULIMA has the right to:
Remove any User Contributions or Submissions for any or no reason, in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create any liability for KULIMA.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, (i) any violation of these Terms of Use, (ii) if you fail to pay any fees that you owe, (iii) if you file or submit fraudulent chargebacks requests, (iv) if we suspect that you engage in fraudulent or illegal activities, or (v) for any other reason in our reasonable sole discretion.
You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that KULIMA may immediately deactivate or delete your account and all related information and files in your account and/or ban any further access to such files or the Service. Further, you agree that KULIMA will not be liable to you or any third party for any termination of your access to the Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7. RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. KULIMA has not reviewed, and cannot review, all of the material posted to the Services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by KULIMA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of KULIMA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
8. LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Services may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Site.
Send e-mails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Site other than the homepage.
Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
Please remember that the manner in which social media services use, store and disclose your information is governed solely by the policies of such third parties, and KULIMA shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, KULIMA is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social media services. As such, KULIMA is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such social media services. KULIMA enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You agree to immediately cooperate with us to cease any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
9. LINKS FROM THE SERVICES
If we or third parties provide links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. KULIMA reserves the right to remove any link made available by third parties in the Services.
10. GEOGRAPHIC RESTRICTIONS
You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) are not located in, or a resident of, any country that is subject to applicable Zambian sanctions or embargoes. You also warrant that you are not a person or entity who is named on any Zambian government specially designated national or denied list. If you become subject to such a restriction, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no liability to you.
11. FEES
KULIMA offers online courses and other Services (such as subscriptions plans) for a fee. You agree to pay the fees for content that you purchase, and you authorize KULIMA to charge you for the Services with your selected payment method. The fees will be charged whether you use the purchased Services or not. You are responsible for paying all fees charged by KULIMA and any applicable taxes in a timely manner. We reserve the right to disable or remove access to any content for which we have not received adequate payment.
You shall provide KULIMA information regarding your credit card or other payment instrument. Your represent and warrant that (a) such information is true, accurate, current and complete and that you are authorized to use this payment instrument and (b) you shall maintain and promptly update such information to keep it true, accurate, current and complete. You agree that KULIMA may update your payment methods using information provided to us by our payment service providers and you authorize us to continue to charge the then-applicable fees to your updated payment method.
KULIMA reserves the right, at any time, to change any fees or to start charging for any free Service at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services (such changes will not apply to fees paid prior to the time of the change).
Please note that due to mobile platform providers’ pricing systems and their policies, sometimes the price of content offered on KULIMA`s website may not be the same as the price offered on our mobile applications.
Additional terms for our subscriptions plans are set forth in Section 13.
12. REFUNDS
Please note that our refund policy differs between one-time payments for courses and subscription plans (please refer to Section 13 for subscriptions plans). However, the following guidelines apply to both: (i) Refunds are not available for accounts which violate this Terms of Use or, according to KULIMA sole and absolute discretion, are otherwise objectionable; (ii) If KULIMA determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund.); (iii) To request a refund please contact us support@kulima.edu.zm; (iv) KULIMA will apply your refund to your original payment method; (v) Unfortunately, at this time, we are unable to offer partial refunds for your purchases.
If within the first 14 days after you purchased a course you become dissatisfied with that course, KULIMA will refund the full amount of your purchase and subsequently terminate your access to that course. Refunds will not be available if requested after this 14-day period. Due to possible currency exchange rate fluctuations with your local currency and the US dollar, the refunded amount may be slightly higher or lower than your original paid amount.
13. SUBSCRIPTION TERMS
This section covers additional terms that apply to your use of any subscription plan that KULIMA may offer with respect to our Services. By using a subscription plan, you agree to the additional terms in this section.
Subscription plan: During your subscription to a subscription plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that subscription plan via the Services. The subscription that you purchase or renew determines the scope, features, term and price of your access to that subscription plan. You may not transfer, assign, or share your subscription with anyone else. Your subscription plan will be valid for the agreed term and then will be automatically renewed according to your subscription settings (e.g. monthly or annually) unless you cancel your subscription with prior notice to the end of your subscription plan term.
Fees and payments: The subscription fee will be listed at the time of your purchase. You shall pay the fee using the offered payment methods provided by KULIMA for any subscription plans. If you select Services with an automatic renewal feature, you authorize KULIMA to maintain your account information and charge that account automatically upon the renewal of the Services you choose with no further action required by you. In the event that KULIMA is unable to charge your account as authorized by you when you enrolled in Services with an auto renewal feature, KULIMA shall suspend your access to such Services until payment is received. For those Services with an automatic renewal feature, KULIMA may also change the price for those services and will communicate any price changes to you in writing. Price changes will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your subscription before the price change goes into effect. Therefore please make sure you read any such notification of price changes carefully.
Refunds and cancellations: If, within the first 14 days after you have purchased your subscription plan, you become dissatisfied, KULIMA will refund the full amount of your subscription, and subsequently terminate your subscription plan and additionally remove access to any courses and benefits you may have accessed under the subscription plan. Refunds will not be available if requested after this 14-day period, although you may cancel your subscription at any time. If you cancel your subscription plan, you will continue to have access to the subscription services until the end of your current subscription period. While your subscription will not be renewed, we will not refund any subscription fees previously paid to us.
14. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KULIMA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
16. INDEMNIFICATION
You agree to defend, indemnify and hold harmless KULIMA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your User Contributions, any use of the Service’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Service.
18. GOVERNING LAW AND JURISDICTION
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Zambian Government without giving effect to any choice or conflict of law provision or rule (whether of the Zambian Government or any other jurisdiction).
19. DISPUTE RESOLUTION
Generally. In the interest of resolving disputes between you and KULIMA in the most expedient and cost effective manner, you and KULIMA agree that any dispute arising out of or in any way related to these Terms of Use, your use of the Site or the Services or the purchase, receipt, order or use any of any course will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (b) seek injunctive relief in a court of law; or (c) to file suit in a court of law to address an intellectual property infringement claim.
20. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
21. ENTIRE AGREEMENT
The Terms of Use constitute the sole and entire agreement between you and KULIMA with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
24. LANGUAGE
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.