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    Makini SMS Terms and Conditions

    1. Greetings from Ticha Kidevu. Welcome to MAKINI SMS mobile learning and revision platform (‘MAKINI SMS’). This platform is developed by Shule Direct Limited (‘Shule Direct’ or ‘We’ or ‘Us’) a company limited by guarantee registered in Tanzania under company number 97444 whose registered office is at 539 Old Bagamoyo Road, Dar-es-salaam.

    By subscribing or otherwise using MAKINI SMS you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy. If you have any queries about MAKINI or these Terms, you can contact Us by any of the means set out in paragraph 11 of these Terms. If you do not agree with these Terms, you should stop using MAKINI SMS immediately.

    2. GENERAL RULES RELATING TO CONDUCT: MAKINI SMS is made available for your own, personal use for learning and revision. The platform must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use MAKINI SMS you must comply with all applicable Tanzania laws and with any applicable international laws (together referred to as “Applicable Laws”).

    You agree that when using MAKINI SMS you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:

    a) Use MAKINI SMS in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or

    b) Attempt to gain unauthorised access to MAKINI SMS or any networks, servers or computer systems connected to the platform; or

    (c) Modify, adapt, translate or reverse engineer any part of the MAKINI SMS platform or re-format or frame any portion of the pages comprising the platform, save to the extent expressly permitted by these Terms or by law.

    You agree to indemnify Shule Direct and its other products in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of MAKINI SMS otherwise than in accordance with these Terms or Applicable Laws.

    3. CONTENT: The copyright in all material contained on, in, or available through MAKINI SMS both on the mobile and on the web including all information, data, text, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Shule Direct. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Shule Direct’s express permission.

    The trademarks, service marks, and logos (“Trade Marks“) contained on or in the platform are owned by Shule Direct or third party partners of Shule Direct. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Shule Direct or the relevant third party partner of Shule Direct.

    4. LINK TO THIRD PARTIES: MAKINI SMS platform may contain links to websites operated by third parties (“Third Party Websites“). Notwithstanding any affiliate programs, Shule Direct does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

    5. SHULE DIRECT PRIVACY POLICY: We take your privacy very seriously especially that of our student users who are primarily under 18 years of age. Shule Direct will only use your personal information in accordance with the terms of our privacy policy and child protection policy. By using MAKINI SMS you acknowledge and agree that you have read and accept the terms of our privacy policy and these Terms.

    6. DISCLAIMER / LIABILITY: USE OF MAKINI SMS IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) SHULE DIRECT DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE PLATFORM; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE PLATFORM (WHETHER IMPLIED BY STATUE, NATIONAL LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN SHULE DIRECT AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE SMS CONNECTION AND/OR THE WEB PLATFORM; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE PLATFORM. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

    Shule Direct will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the platform, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

    IF SHULE DIRECT IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE PLATFORM, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) PROVISION OF SERVICE FOR ONE MONTH FREE OF CHARGE; OR (B) THE SUMS PAID BY YOU UPON SUBSCRIBING THE DAILY OR WEEKLY OR MONTHLY PACKAGE OF MAKINI SMS.

    7. SERVICE SUSPENSION: Shule Direct reserves the right to suspend or cease providing any services relating to the platforms developed by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

    8. ADVERTISERS ON MAKINI SMS: We accept no responsibility for adverts contained on MAKINI SMS platform. If you agree to purchase goods and/or services from any third party who advertises on MAKINI SMS, you do so at your own risk. The advertiser, not Shule Direct, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

    9. COMPETITIONS: If you take part in any competition which is run in or through MAKINI SMS (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by Shule Direct from time to time (“Competition Rules“) and by the decisions of Shule Direct, which are final in all matters relating to the Competition. Shule Direct reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

    10. SUBSCRIPTION VOUCHER CODES: Any subscription voucher codes issued by Shule Direct may only be used in accordance with our Terms and Conditions for the subscription voucher codes.

    11. GENERAL: These Terms (as amended from time to time) constitute the entire agreement between you and Shule Direct concerning your use of MAKINI SMS.

    Shule Direct reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the MAKINI SMS to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of MAKINI SMS. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of Shule Direct.

    These Terms shall be governed by and construed in accordance with Tanzanian law and you agree to submit to the exclusive jurisdiction of the Tanzanian Courts.

    If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

    Shule Direct’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Shule Direct in writing.

    12. CONTACT US: You can contact the MAKINI SMS team at Shule Direct Limited, 539 Old Bagamoyo Road, Msasani, Dar-es-salaam, Telephone +255 22 266 41 67, email: makini@shuledirect.co.tz

     

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