List of active policies
|TERMS AND CONDITIONS||Site policy||All users|
|WEBSITE ACCEPTABLE USAGE POLICY||Site policy||All users|
|FANISI ACADEMICS PUBLISHER AND PUBLISHER/API TERMS||Other policy||All users|
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1. TERMS AND CONDITIONS OF USE
1.1 These Terms and Conditions of Use (hereinafter "Statement" or "Terms") (together with the documents referred to in it) are our terms of service which govern our relationship with users and persons who interact with Fanisi Academics.
1.2 By accessing the Fanisi Academics portal, you confirm that you accept these Terms and that you agree to comply with them. Additionally, you will find resources at the end of this document that help you understand how Fanisi Academics works.
1.3 Use of our site includes accessing, browsing, or registering to use the site.
1.4 Please read these Terms carefully before you start to use our site, as these will apply to your use of our site and the online services we offer. We recommend that you print a copy of this for future reference.
1.6 These Terms form an agreement between you and Fanisi Online Limited, the owner of Fanisi Academy.
2. OTHER APPLICABLE TERMS
2.1 These Terms refer to the following additional terms, which also apply to your use of our site:
2.1.2 If you purchase goods from our site, our Terms and Conditions of Sale will apply to the sales.
3.1 "Active registered user" means a user who has logged into Fanisi Academics at least once in the preceding thirty (30) days.
3.2 “API” means Application Programing Interface.
3.3 "Application" means any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
3.4 "Content" means anything you or other users post on Fanisi Academics that would not be included in the definition of information.
3.5 "Data" or "User data" or "User's data" means any data, including a user's content or information that you or third parties can retrieve from Fanisi Academics or provide to Fanisi Academics through Platform.
3.6 "Fanisi Academics" means the features and services we make available, including through:
3.6.1 our website at www.Fanisiacademics.com and any other Fanisi Academics branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions);
3.6.2 our Platform;
3.6.3 social plugins such as the ‘Like’ button, the ‘Share’ button and other similar offerings; and
3.6.4 other media, software (such as a toolbar), devices, or networks now existing or later developed.
3.7 "Information" means facts and other information about you, including actions taken by users and non-users who interact with Fanisi Academics.
3.8 “Intellectual property rights (IP content)” means the intellectual property rights described here below in Section 9.
3.9 "Platform" means a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Fanisi Academics or provide data to us.
3.10 “Post” means means a post on Fanisi Academics or otherwise made available using Fanisi Academics.
3.11 “Site” means the Fanisi Academics online portal as better described in the definition of Fanisi Academics.
3.12 "Use” means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of content from the online portal.
4. INFORMATION ABOUT US
4.1 Fanisi Academics is wholly owned and operated by Fanisi Online Limited, a private company operating from Nairobi, Kenya and registered under the laws of the Republic of Kenya under company number CPR/2011/47633. Our registered office is at Kitisuru Nairobi.
4.2 The Fanisi Academics platform is a virtual community where users can chat and transact with other members, and interact and transact with Content created by third parties who are registered as Publishers with Fanisi Academics, using the Fanisi Academics Publisher /API or Publisher Interface.
5. CHANGES TO THESE TERMS
5.1 We may revise these Terms at any time by amending this page in accordance with Section 25 below.
5.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
6. CHANGES TO OUR SITE
6.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
6.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.
7. ACCESSING OUR SITE
7.1 Our site is made available free of charge.
7.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice.
7.3 We will not be liable to you if for any reason our site is unavailable at any time or for any period.
7.4 You are responsible for making all arrangements necessary for you to have access to our site.
8. YOUR ACCOUNT AND PASSWORD
8.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
8.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
8.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
9. INTELLECTUAL PROPERTY RIGHTS
9.1 We are the owner and/or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and international treaties. All such rights are reserved.
9.2 You may print one copy, and download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
9.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
9.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
10. CONTENT AND INFORMATION SHARING
10.1 All content and information posted by you on Fanisi Academics is owned by you and sharing can be controlled through your privacy and application settings.
10.2 Additionally, you must be aware:
10.2.1 That for content covered by intellectual property rights (“IP content”) like photos and videos that you post on or in connection with Fanisi Academics; subject to your privacy and application settings, you specifically grant us the following permissions: a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license (“IP License”).
10.2.2 That the IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
10.2.3 When you delete any IP content, it should be deleted in a manner similar to emptying the recycle bin on a computer. However, you must understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
10.2.4 When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require that applications are configured to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Use Policy and Platform Page.)
10.2.5 When you publish content or information using the Public setting, it means that you are allowing everyone, including people who are not on Fanisi Academics, to access and use that information, and to associate it with you (i.e., your name and profile picture).
10.2.6 Your feedback or other suggestions about Fanisi Academics is always appreciated, though you have no obligation to offer such feedback or suggestions; however we may use such feedback or suggestions without any obligation to compensate you for providing it/them.
11. UPLOADING CONTENT TO OUR SITE
11.1 You warrant that any such contribution does comply with those standards, and you will
be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
11.3 Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
11.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
11.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
11.6 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards.
11.7 The views expressed by other users on our site do not represent our views or values.
12. ONLINE SAFETY AND CONDUCT
12.1 We do our best to keep Fanisi Academics safe, but we cannot guarantee it. We need your help to keep Fanisi Academics safe, which includes the following commitments by you:
12.1.2 You shall not post unauthorized commercial communications (such as spam) on Fanisi Academics.
12.1.3 You shall not collect users' content or information, or otherwise access Fanisi Academics, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
12.1.4 You shall not engage in unlawful multi-level marketing, such as a pyramid or ‘Ponzi’ scheme, on Fanisi Academics.
12.1.5 You shall not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
12.1.6 You shall not solicit login information or access an account belonging to someone else.
12.1.7 You shall not bully, intimidate, or harass any user.
12.1.8 You shall not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
12.1.9 You shall not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
12.1.10 You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Fanisi Academics.
12.1.11 You shall not facilitate or encourage any violations of this Statement or our policies.
12.1.12 We do not guarantee that our site will be secure or free from bugs or viruses.
12.1.13 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
12.1.14 You shall not use Fanisi Academics to do anything unlawful, misleading, malicious, or discriminatory.
12.1.15 You shall not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
12.1.16 You shall not do anything that could disable, overburden, or impair the proper working or appearance of Fanisi Academics, such as a denial of service attack or interference with page rendering or other Fanisi Academics functionality.
12.2 By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
13. REGISTRATION AND ACCOUNT SECURITY
13.1 As Fanisi Academics users, you must provide your real names and information. Below are some commitments you make to us relating to registering and maintaining the security of your account:
13.1.1 You will not provide any false personal information on Fanisi Academics, or create an account for anyone other than yourself without our permission.
13.1.2 You will not create more than one personal account.
13.1.3 If we disable your account, you will not create another one without our permission.
13.1.4 You will not use your personal timeline primarily for your own commercial gain, or use a Fanisi Academics Page for such purposes.
13.1.5 You will not use Fanisi Academics if you are a convicted sex offender.
13.1.6 You will keep your contact information accurate and up-to-date.
13.1.7 You will not share your password (or in the case of developers, your secret key), nor let anyone else access your account, or do anything else that might jeopardize the security of your account.
13.1.8 You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
13.1.9 If you select a username or similar identifier for your account or page, we reserve the right to remove or reclaim it if we believe it is inappropriate (such as when a trademark owner complains about a username that closely resembles their trademark name) or unlawful.
14. PROTECTING OTHER PEOPLE'S RIGHTS
14.1 We respect other people's rights and expect you to do the same. In this regard:
14.1.1 You will not post content or take any action on Fanisi Academics that infringes or violates someone else's rights or otherwise violates the law.
14.1.2 We can remove any content or information you post on Fanisi Academics if we believe that it violates this Statement or our policies.
14.1.3 We will provide you with tools to help you protect your intellectual property rights.
14.1.4 If we remove your content for infringing someone else's copyright, and you feel aggrieved, you will be provided with an opportunity to appeal.
14.1.5 If you repeatedly infringe other people's intellectual property rights, your account will disabled.
14.1.6 You will not use our copyrights or trademarks (including “Fanisi Academics”, the “Fanisi Academics” and “F” Logos, or any similar marks, except as expressly permitted under our Brand Usage Guidelines or with our prior written permission.
14.1.8 You will not post anyone's identification documents or sensitive financial information on Fanisi Academics.
14.1.9 You will not tag users or send email invitations to non-users without their consent. (Fanisi Academics offers social reporting tools to enable users to provide feedback about tagging.)
15. MOBILE AND OTHER DEVICES
15.1 We currently provide our mobile services for free, but please be aware that your mobile service provider’s normal charges, such as text messaging fees, will still apply.
15.2 In the event you change or deactivate your mobile telephone number, you will update your account information on Fanisi Academics within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
15.3 You agree to provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Fanisi Academics.
If you make a payment on Fanisi Academics or use Fanisi Academics Credits (“Michuzi”), you agree to our Payments Terms.
17. SPECIAL PROVISIONS APPLICABLE TO:
17.1 SOCIAL PLUGINS
17.1.1 The following additional terms apply if you include our Social Plugins, such as the “Share” or “Like” buttons on your website:
188.8.131.52 We give you permission to use Fanisi Academics's Social Plugins so that users can post links or content from your website on Fanisi Academics.
184.108.40.206 You give us permission to use and allow others to use such links and content on Fanisi Academics.
220.127.116.11 You will not place a Social Plugin on any page containing content that would violate this Statement if posted on Fanisi Academics.
17.2 DEVELOPERS/OPERATORS OF APPLICATIONS AND WEBSITES
17.2.1 The following additional terms apply to a developer or operator of a Platform application or website:
18.104.22.168 You are responsible for your application, its content and all uses you make of the Platform. This includes ensuring your application or use of Platform meets our Fanisi Academics Platform Policies and our Advertising Guidelines.
22.214.171.124 Your access to and use of data you receive from Fanisi Academics, will be limited as follows:
126.96.36.199.1 You will request only the data you need to operate your application.
188.8.131.52.4 You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
184.108.40.206.5 You will not include data concerning a user that you received from us in any advertising creative.
220.127.116.11.6 You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any advertising network, advertising exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
18.104.22.168.7 You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.
22.214.171.124.8 We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations.
126.96.36.199.9 We can limit your access to data.
188.8.131.52.10 You will comply with all other restrictions contained in our Fanisi Academics Platform Policies.
184.108.40.206.11 You will not give us information that you independently collect from a user or a user's content without that user's consent.
220.127.116.11.12 You will make it easy for users to remove or disconnect from your application.
18.104.22.168.13 You will make it easy for users to contact you. You agree that we can share your email address with users and any person(s) claiming that you have infringed or otherwise violated their rights.
22.214.171.124.14 You will provide customer support for your application.
126.96.36.199.15 You will not show third party advertisements or web search boxes on our site.
188.8.131.52.16 We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
184.108.40.206.17 You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
220.127.116.11.18 You will not misrepresent your relationship with Fanisi Academics to others.
18.104.22.168.19 You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Fanisi Academics Platform Policies.
22.214.171.124.20 We can issue a press release describing our relationship with you.
126.96.36.199.21 You will comply with all applicable laws. In particular you will (if applicable):
188.8.131.52.21.1 have a policy for removing infringing content and terminating repeat infringers which policy complies with relevant laws (both Kenyan and International); and
184.108.40.206.21.2 comply with the Video Privacy Protection (“VPPA”) laws, and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on Fanisi Academics. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
220.127.116.11.22 You give us all rights necessary to enable your application to work with Fanisi Academy, including the right to incorporate content and information you provide to us into streams, timelines, and user action stories.
18.104.22.168.23 You give us the right:
22.214.171.124.23.1 to link to or frame your application, and place content, including advertisements, around our application;
126.96.36.199.23.2 to analyse your application, content, and data for any purpose, including for commercial purposes such as for targeting the delivery of advertisements and indexing content for search; and
188.8.131.52.23.3 to audit your application to so as to ensure that is safe for users.
184.108.40.206 We do not guarantee that Platform will always be free.
220.127.116.11 We can create applications that offer similar features and services to, or otherwise compete with, your application.
17.3.1 You can target your desired audience by buying advertisements on Fanisi Academics or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal “(Order”):
18.104.22.168 When you place an Order, you will inform us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your advertisements as inventory becomes available.
22.214.171.124 When serving your advert, we do our best to deliver the advertisements to the audience you specify, although we cannot guarantee in every instance that your advert will reach its intended target.
126.96.36.199 In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
188.8.131.52 You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
184.108.40.206 Your advertisements will comply with our Advertising Guidelines.
220.127.116.11 We will determine the size, placement, and positioning of your advertisements.
18.104.22.168 We do not guarantee the activity that your advertisements will receive, such as the number of views your advertisements will get.
22.214.171.124 We cannot control how clicks are generated on your advertisements. We have systems that attempt to detect and filter certain click activity, but we will not be responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running advertisements.
126.96.36.199 You can cancel your Order at any time through our online portal, but it may take up to twenty four (24) hours before the advert stops running.
188.8.131.52 You are responsible for paying for all advertisements that run.
184.108.40.206 Our license to run your advertisement will end when we have completed your Order.
220.127.116.11 If users have interacted with your advert, your advert may remain until the users delete it.
18.104.22.168 We can use your advertisements and related content and information for marketing or promotional purposes.
22.214.171.124 You will not issue any press release or make public statements about your relationship with Fanisi Academics without our prior written permission.
126.96.36.199 We may reject or remove any advertisement for any reason.
188.8.131.52 If you are placing advertisements on someone else's behalf, you must have permission to place them, including the following:
184.108.40.206.1 You warrant that you have the legal authority to bind the advertiser to this Statement.
220.127.116.11.2 You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
17.3.2 Our goal is to deliver advertisements and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:
18.104.22.168 You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
22.214.171.124 We will not give your content or information to advertisers without your consent.
17.3.3 You understand that we may not always identify paid services and Communications as such.
If you create or administer a Page on Fanisi Academics, or run a promotion or an offer from your Page, you must agree to our Publisher and API Terms.
17.5.1 If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software.
17.5.2 You shall not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or where you have our express written permission.
17.6 USERS OUTSIDE THE REPUBLIC OF KENYA
17.6.1 We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provision
17.6.2 If you are a users or non-user who interacts with Fanisi Academics outside the Republic of Kenya, you consent to having your personal data transferred to and processed in Kenya.
18.1 Except where we undertake a change to this Statement for legal or administrative reasons, or to correct an inaccurate statement; you will be provided with a seven (7) days’ notice through a post on the Fanisi Academics Site Governance Page on the change and an opportunity to comment on changes. You can also visit our Fanisi Academics Site Governance Page and "like" the Page to get updates about changes to this Statement.
18.2 If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
18.3 Your continued use of Fanisi Academics following changes to our terms will be construed to be an acceptance of our amended terms.
19. LINKING TO OUR SITE
19.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
19.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
19.3 You must not establish a link to our site in any website that is not owned by you.
19.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
19.5 We reserve the right to withdraw linking permission without notice.
19.6 The website in which you are linking must comply in all respects with our content standards.
19.7 If you wish to make any use of content on our site other than that set out above, please contact email@example.com.
19.8 To our users; concerning third party links and resources in our site:
19.8.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
19.8.2 We have no control over the contents of those sites or resources.
20.1 Any violation of the letter or spirit of this Statement, or creation of a risk or possible legal exposure to Fanisi Academics and Fanisi Online Limited, will lead to the provision of all or part of Fanisi Academics to you being stopped immediately.
20.2 You will be notified of such action (i.e. stoppage) through email or on your next attempt to access your account.
20.3 Your account may also be deleted or your application be disabled at any time.
20.4 In all the above cases, this Statement shall terminate, BUT all the provisions in relation to privacy, confidentiality, safety and security and any unpaid financial obligations will still apply. In case of any doubt as to whether a particulay provision survives termination, you may check with Fanisi Academics.
21. DISPUTES AND THE APPLICABLE LAW
21.1 Please note that these Terms and Conditions, their subject matter and their formation as well as any claim that might arise between you and us, are governed by Kenyan law.
21.2 In this regard, you and us both agree:
21.2.1 that the courts of Kenya will have exclusive jurisdiction.
21.2.2 that you will resolve any claim, cause of action or dispute you have with us arising out of or relating to this Statement or Fanisi Academics exclusively in a Kenyan court.
21.2.3 to submit to the personal jurisdiction of the Kenyan courts for the purpose of litigating all such claims.
22. DISCLAIMERS, INDEMNIFICATION AND WAIVERS
22.1 WE WILL USE OUR BEST ENDEAVOURS TO KEEP FANISI ACADEMICS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK.
22.2 If anyone brings a claim against us related to your actions, content or information on Fanisi Academics, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
22.3 Although we provide rules for user conduct, we do not control or direct users' actions on Fanisi Academics and are not responsible for the content or information users transmit or share on Fanisi Academics.
22.4 We are not and will not be responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Fanisi Academics.
22.5 We are not and will not responsible for the conduct, whether online or offline, of any user of Fanisi Academics.
22.6 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
22.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date NOR DO WE PROVIDE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
23. LIMITATION OF OUR LIABILITY
23.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
23.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
23.3.1 use of, or inability to use, our site; or
23.3.2 use of or reliance on any content displayed on our site.
23.4 If you are a business user, please note that in particular, we will NOT BE LIABLE for:
23.4.1 loss of profits, sales, business, or revenue;
23.4.2 business interruption;
23.4.3 loss of anticipated savings;
23.4.4 loss of business opportunity, goodwill or reputation; or
23.4.5 any indirect or consequential loss or damage.
23.5 If you are a user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
23.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
23.7 WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FANISI ACADEMICS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23.8 OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FANISI ACADEMICS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR KENYA SHILLING EQUIVALENT, OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE (12) MONTHS.
23.9 WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR SITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
23.10 DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF ANY SERVICES FOR USE BY YOU, WHICH WILL BE SET OUT IN OUR TERMS AND CONDITIONS OF SALE
23.11 FANISI ACADEMICS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
23.12 APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, FANISI ACADEMICS'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
24. TRADE MARKS
["Fanisi Academics"] and ["FanisiHuB"] are Kenya registered trademarks of Fanisi Online Limited.
25.1 These Terms make up the entire agreement between the parties regarding Fanisi Academics, and supersedes any prior agreements.
25.2 References to “us,” “we,” and “our” shall be taken to mean Fanisi Online Limited.
25.3 If any portion of these Terms and Conditions are found to be unenforceable, the remaining portion will remain in full force and effect.
25.4 Failure to enforce any of these Terms and Conditions, it shall not be considered a waiver.
25.5 Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.
25.6 You will not transfer or assign any of your rights or obligations under these Terms and Conditions to anyone else without our consent.
25.7 All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
25.8 Nothing in these Terms and Conditions shall prevent us from complying with the law.
25.9 These Terms and Conditions do not confer any third party beneficiary rights.
25.10 We reserve all rights not expressly granted to you.
25.11 You will comply with all applicable laws when using or accessing Fanisi Academics.
26. CONTACT US
To contact us, please email firstname.lastname@example.org
THANK YOU FOR VISITING OUR SITE.
This acceptable use Policy sets out the terms between you and Fanisi Online Limited (“Fanisi”) under which you may access the latter’s website Fanisi Academics.com herein after referred to as “Our Site”. This Policy applies to all users of, and visitors to Our Site.
Your use of Our Site means that you accept, and agree to abide by, all the provisions contained herein together with our Terms of Website Use.
1. ACCEPTABLE USE OF THE SITE
1.2. The site is to be used primarily for the following:
b. Sharing of academic research, papers and commentary.
c. Communication between students and teacher/ academicians.
1.3. Use of the site in any other way, including contravention of any restriction on use set out in this policy is not permitted.
1.4. As a condition for use of the site, you agree:
to reproduce, duplicate, copy or re-sell any part of our Site.
b. Not to use the site to breach any applicable national, international law or regulation.
c. Not to access the site in a manner that is prohibited.
d. Not to use the site for marketing purposes without express permission to do so.
e. Not to use the site to commit any act of fraud, distribute viruses or malware or other harmful software code.
f. Not to use the site for purposes of promoting unsolicited advertising or sending spam
g. Not to use the site in manner that disrupts the operation of our site or business or the website or business of another entity.
h. Not to use the site in a manner that affects minors
i. Not to represent/suggest that that we endorse any other business, product or service unless we have separately agreed to do so in writing.
j. Not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party
2. SUBMISSION STANDARDS
2.1. Should you wish to make a submission or communication to other users of our site, that submission or communication must conform to standards of accuracy, decency, academic quality and lawfulness, which shall be applied in our discretion, acting reasonably.
2.2. In particular by using our website you hereby warrant that any submission or communication is :
own original work and lawfully submitted
b. Factually accurate or your genuinely held belief
c. Provided with the necessary consent of any third party
d. Not defamatory or likely to give rise to an allegation of defamation
e. Not offensive, obscene, sexually explicit, discriminatory or deceptive and
f. Unlikely to cause offence, embarrassment or annoyance to others
3. LINKING AND FRAMING
3.1. You may create a link to our site from another website without prior written consent provided no such link:
a frame or any other browser or border environment around the content of our
b. Implies that we endorse your products or services or any other products or services of, or available through, the website on which you place a link to our site
c. Is placed on a website that itself does not meet the acceptable use requirements of this policy.
3.2. We reserve the right to require you to immediately remove any link to the site any time and you shall immediately comply with any request by us to remove such link.
4.1. We shall apply the term of this Policy in our absolute discretion.
4.3. In the event of your breach of this Policy we may terminate or suspend your use of the site, remove or edit submissions, issue a warning, disclose submissions to law enforcement authorities or take any action we consider necessary to remedy the breach.
4.4. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited and we may take any other action we reasonably deem appropriate.
5.1. We reserve the right, at our sole discretion to change, modify, add or remove portions of this policy.
5.2. It is your responsibility to check this policy periodically for any changes, modifications, additions and or removals.
5.3. Your continued use of this website after any changes, additions and or removals will bind you to these changes, additions, modification and removals as at the date of changes, additions, modifications and removals.
6. LAW APPLICABLE AND DISPUTE RESOLUTION
6.1. This Agreement shall be construed and governed in accordance with the Laws of Kenya.
6.2. Any dispute, difference or question which may arise at any time between the Parties upon the construction of this Agreement and/or on the rights and liabilities of the Parties herein, which proves incapable of amicable resolution, shall be referred to the competent Courts of the Republic of Kenya for determination. PROVIDED ALWAYS that nothing in this clause shall prevent the Parties from agreeing to refer any such dispute to mediation or arbitration under the terms of the Arbitration and Conciliation Act Cap. 4 on an ad hoc basis.
7. SUSPENSION AND TERMINATION
7.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- immediate, temporary or permanent withdrawal of your right to use our Site;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you;
Fanisi Academics is wholly owned and operated by Fanisi Online Limited, a private company operating from Nairobi, Kenya and registered under the laws of the Republic of Kenya.
The Fanisi Academics platform is a virtual community where users can chat and transact with other members, and interact and transact with content created by third parties who are registered as Publishers with Fanisi Academics, using the Fanisi Academics Publisher/API or Publisher Interface.
Our goal is to strike a balance between encouraging new and innovative content on Fanisi Academics, and to allow Publishers to create sustainable long-term businesses using Fanisi Academics, while protecting both our rights and our users’ rights.
THE FANISI ACADEMICS CODE OF ETHICS
When you register as a Publisher you become part of our community, and you implicitly sign up for the Fanisi Academics Code of Ethics (hereafter referred to as “the Code”). The Code lays out our values and is nice and brief, so please take the time to read it carefully.
If you do not adhere to the Fanisi Academics Publisher/API terms, you may be suspended from our services without warning.
THE FANISI ACADEMICS PAGE OR API AND YOUR CONTENT
We grant you a non-exclusive, revocable, non-sub licensable, non-transferrable licence to use the Fanisi Academics Publisher/API to interface your content with our platform on the terms described herein.
Your content must comply with the Fanisi Academics Publisher/API specifications and you carry the costs for setting up, maintaining and operating the content, including the traffic between your content and the Fanisi Academics platform.
Fanisi Academics users must always have a good user experience when they use your content.
If a user chooses to enable recurring or automatic payment of your services on the Fanisi Academics platform, the maximum duration this recurring payment relationship can exist for is six (6) months, and you agree not to automatically renew this recurring payment relationship with the user beyond the maximum period of six (6) months.
You are solely responsible to the users who use your content and should take care of them.
In the interest of our users, your content must be appropriate and lawful, be in line with our Code, and has to comply with our technical requirements.
You confirm that you are the owner or authorized licensee of the content, and you indemnify us against any claims by any person who claims you infringe their intellectual property rights or who claims that we infringe their intellectual property rights as a result of the use of your content on the Fanisi Academics platform.
It is your obligation to display legal notices in respect of your content.
It is your responsibility to provide prompt and efficient customer support in respect of your content.
Your support contact details and the time when the support is available must be displayed in your content. You will allow for users to report inappropriate behavior by other users using your content and will resolve such complaints quickly.
We undertake to give support to users using your content only insofar as their problem relates directly to our services to them or relates to our responsibilities to interface your content on our platform.
As far as our support to you is concerned, you can find Publisher and PUBLISHER/API support on our Publisher support page. This page includes instructions on how to reach the Fanisi Academics Publisher support team and resources.
You will give us the details of a person who we can contact about customer support.
Your content will be continuously available and you agree to constantly monitor the availability and performance of your content.
Fanisi Academics reserves the right to regulate all advertising on the platform and will share resulting revenue as per agreed revenue share.
Payment for all content on Fanisi Academics platform will be via Michuzi which is our voucher for acquiring virtual goods and can be accessed through www.michuzi.biz. Fanisi will deploy easy ways for you to collect Michuzi vouchers from your users.
It is your responsibility not to release the content or services before you receive confirmation that the request was successful. Once you receive confirmation you are obliged to release the content or services purchased by the user.
You may not submit payment requests in respect of invalid or unlawful transactions. We may reverse payment for invalid or unlawful transactions. You are not allowed to solicit for payment via a different payment method other than via Michuzi.
Each party is responsible for all taxes and other costs that may be due on their portion of the revenue.
We will pay you a net shareable revenue generated with your content as will be determined from time to time. When we calculate the net shareable revenue, we deduct money-in costs and taxes from the gross revenue, while you agree to settle all royalties and payments to rights holders from your share of the net shareable revenue.
We have the right to change our PUBLISHER/API pricing structure on thirty (30) days’ notice.
You are responsible for all costs associated with building and operating your content, and with using the Fanisi Academics Publisher/API Platform.
Based on the data produced by our systems we will make a report available for every calendar month showing the payments we collected from users plus the advertising revenue generated by your content (that is if you agreed on advertisement injections on your content). If you wish to query the report, you would have to do so within five (5) days after it becomes available to you. If you don’t query the report, we will accept it as correct. A letter by one of our directors will be sufficient proof of the amounts owing to you.
You will need to send us a monthly tax invoice for your share of the revenue and we will pay your share of the revenue within sixty (60) days after the end of the month to which the report relates, and will do so in Kenya Shillings.
Where third party advertising is provided on your portal (third party ad injections may only be provided by Fanisi Academics’ preferred service providers), the net shareable revenue in respect of the injected advertisements will be on a split to be agreed on from time to time. Any industry standard advertising sales commissions payable in respect of advertisement injections will be deducted from the gross revenue as a pre-net shareable revenue overhead expense.
If we have a dispute on the amount of your share of the revenue, we will first try to solve it between us before taking formal legal action. If the amount you believe is correct differs more than 5% from our amount, we may withhold payment until your query has been resolved.
We may set off any amounts you owe us against your share of the revenue.
The Conversion rate between the Kenya Shilling and Michuzi is 1 Michuzi to 1 Shilling.
SUSPENSION OF SERVICES
We may after giving you notice of not less than seven (7) days suspend our services if you violate these Publisher/API terms, if we receive an inordinate number of complaints from users about your content, if your content interferes with our systems or if we need to upgrade or maintain our systems.
We respect the privacy of our users and their right to anonymity.
You may only collect the information about our users that you need to sell and deliver the content and you agree not to retain such information for longer than 3 months after the last transaction by the user.
You may only collect as much information about a user as you need information to sell something to the user, to render a service to him or her, or to deliver content to that user. You will not collect more information than you need to perform your obligation to the user.
You will keep the users’ information confidential.
You agree you will not retain information about our users for longer than three (3) months after the last transaction by the user.
To illustrate the general principles outlined in this paragraph, here are some examples of what you are not allowed to do with our users’ information:
- Harvesting data about users
- Collecting usernames or passwords
- Selling information about our users, including aggregated information, to any third party
- Conducting market research surveys amongst our users or, if you conducted surveys, selling or sharing the survey results with any third party.
When running competitions on the Fanisi Academics platform you may only collect the users’ Fanisi Academics IDs and not any other user information
INTELLECTUAL PROPERTY RIGHTS
Each of us retains ownership of the intellectual property rights in existence before our business relationship with you as well as any intellectual property rights developed during the relationship.
You agree not to reverse engineer or decompile any of our software and not to use the Fanisi Academics Publisher/API for any purpose other than provided for in these Terms.
We are under no obligation to provide new versions of the Fanisi Academics PUBLISHER/API Platform and we may upon reasonable notice change or discontinue any of the Fanisi Academics Publisher/APIs.
You agree to assist us with the maturing of the Fanisi Academics Publisher platform by giving us regular feedback on the functionality and operation of the Publisher Platform.
You may only use our brands in connection with your content, provided the use is in line with our brand guidelines and provided that you will immediately cease using our brands as soon as we suspend your services or if your content is no longer available on the Fanisi Academics platform. If you promote your content in the media, we must first approve your promotional material.
Neither party shall use or disclose the other party’s confidential information unless permitted to do so.
LIMITATION OF LIABILITY
Our services and the Fanisi Academics Publisher/API platform is provided “as is” and we do not give you any express or implied warranty in respect thereof. You use the Fanisi Academics Publisher/API at your own risk and we are not liable for any damages or losses you may suffer. If for some reason we are indeed held liable our liability is limited to the revenue share paid out to you for the preceding twelve (12) months.
You warrant that you own the content or may use it for the purposes described in this agreement, that it is free from malicious code, and that your content and the content thereon complies with all laws and you have all approvals, licenses and/or permits necessary to operate your content and display the content. You will indemnify us against any claims or damages, including legal costs, which may result from your breach of these warranties.
You will have no claim against us if we cannot render our services due to circumstances beyond/outside of our control.
ADMINISTRATION AND MISCELLANEOUS
At times we may have to change these terms to keep them up to date. We will announce such changes at least 14 days before the changes apply to you and your continued use of the Fanisi Academics Publisher/API Platform will indicate your acceptance of the new terms.
All rights not expressly granted to you are reserved.
Each of these terms stands on its own feet and if one term is unenforceable it will not affect the remaining terms.
Sometimes we decide to give away merchandise or we decide to make certain allowances. We will inform you of such instances and the duration.
Our not enforcing these terms for any reason is not to be equated to us giving up any of our rights.
These Terms are governed by the laws of the Republic of Kenya and you hereby submit to their jurisdiction.
Our services are personal to you and you may not transfer any rights or obligation under this agreement to anyone else.
Nothing written in these Publisher/API terms denoted that we are partners, or that you are our agent or representative, or that Fanisi Academics endorses your content or services. You may not create any impression to the contrary.
We may conduct a credit and background check on your business.
The address you have given us is your chosen address for legal notices.
1.1 Fanisi Academy is committed to protecting and respecting your privacy.
1.3 Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.fanisiacademy.com you are accepting and consenting to the practices described in this policy.
1.4 For the purpose of the law, the data controller is [Fanisi Online Limited] of P.O. Box 1537, 00606 Nairobi.
We may collect and process the following data about you:
2.1 Information you give us.
2.1.1 You may give us information about you by filling in forms on our site www.fanisiacademy.com (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, [search for a product], [place an order on our site], [participate in discussion boards or other social media functions on our site], [enter a competition, promotion or survey], or other activities commonly carried out on the site and when you report a problem with our site.
2.1.2 The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph.
2.2 Information we collect about you.
With regard to each of your visits to our site we may automatically collect the following information:
2.2.1 technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
2.2.2 information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
2.3 Information we receive from other sources.
2.3.1 We may receive information about you if you use any of the other websites we operate or the other services we provide. [In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site.
2.3.2 We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
4. USES MADE OF THE INFORMATION
We use information held about you in the following ways:
4.1 Information you give to us.
We will use this information:
4.1.1 to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
4.1.2 to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
4.1.3 to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the [order form OR registration form]);
4.1.4 to notify you about changes to our service;
4.1.5 to ensure that content from our site is presented in the most effective manner for you and for your computer.
4.2 Information we collect about you.
4.2.1 We will use this information:
126.96.36.199 to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
188.8.131.52 to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
184.108.40.206 to allow you to participate in interactive features of our service, when you choose to do so;
220.127.116.11 as part of our efforts to keep our site safe and secure;
18.104.22.168 to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
22.214.171.124 to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
4.3 Information we receive from other sources.
4.3.1 We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
5. DISCLOSURE OF YOUR INFORMATION
5.1 We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
5.2 We may share your information with selected third parties including:
5.2.1 Business partners, suppliers and sub-contractors for the performance of any contract we enter into with [them or] you.
5.2.2 Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. [We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience].
5.2.3 Analytics and search engine providers that assist us in the improvement and optimisation of our site.
5.2.4 [Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.]
5.3 We may disclose your personal information to third parties:
5.3.1 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
5.3.2 If Fanisi Online Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
6. WHERE WE STORE YOUR PERSONAL DATA
6.1 The data that we collect from you may be transferred to, and stored at, a destination outside Kenya. It may also be processed by staff operating outside Kenya who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.
6.3 [All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted [using SSL technology]. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
6.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
7. YOUR RIGHTS
7.1 You have the right to ask us not to process your personal data for marketing purposes.
7.2 We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
7.3 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
8. ACCESS TO INFORMATION
8.1 The law gives you the right to access information held about you. Your right of access can be exercised in accordance with the law.
8.2 Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.