Terms & Conditions
BG Williams Consulting (trading as bghometutor.com)
LICENCE AND PURCHASE TERMS
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU PURCHASE ANYTHING ON OUR SITE. THESE TERMS AND CONDITIONS SET OUT YOUR LEGAL RIGHTS AND RESPONSIBILITIES, OUR LEGAL RIGHTS AND RESPONSIBILITIES, AND CERTAIN KEY INFORMATION REQUIRED BY LAW. ONCE YOU MAKE A PURCHASE ON OUR SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
Definitions and interpretation
In these Terms:
Authorised Persons means employees or agents of the User who are engaged in teaching and educational services on behalf of the User, and who are authorised by the User to use the Resources for the Permitted Uses;
Business Day means a day other than a Saturday, Sunday or public holiday when banks generally are open for non-automated business in Nigeria;
Commencement Date means the date that the Resources are purchased by the User;
Goods means the physical goods we offered on the Site for purchase by a User;
Individual User means a person entering into this Licence in the capacity of an individual consumer (and not a legal entity);
Licence means the licence issued by Bghometutor to the User, to access and use the Resources on a subscription basis for the Licence Term, subject to these Terms;
Licence Fee means the fees payable by the User to Bghometutor for access to the Resources,base on the Licence Fee stated on the site;
Permitted Uses means the use of (including accessing, viewing and storing (but not modifying)) the Resources or Goods by the User for its own internal training, teaching or educational purposes, and not for (in the case of Resources) any public broadcast or dissemination;
Rights means all current, vested and contingent rights of copyright and rights in the nature of copyright subsisting in the Resources;
Resources means the written materials, resources, interactive materials, presentations, Lessons videos, quizzes documents, images and information made available by Bghometutor (as updated and varied from time to time) during the Licence Term, and which Bghometutor has agreed to licence to the User, subject to these Terms;
School User means a School, or other legal entity providing education services, entering into this Licence as a User
Site means our website at bghometutor.com
User means the person who has purchased Goods or Resources from the Site and has entered into this Licence (being either a School User or an Individual User);
we, us or our means BG Willams Consulting (trading as Bghometutor); and
you or your means the User.
In these Terms:
a person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality);
a reference to writing or written includes email; and
any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
With respect to the access and use of Our Services and Products carefully before using the Services or Products. If You do not agree with the Terms or the Privacy Notice, please do not use Our Services or avail the Products. In the event of any discrepancy between the Terms and any other policies with respect to the Services or Products, the provisions of the Terms shall prevail.
Also note that the headings of each section in these Terms are only for the purpose of organising the various provisions under these Terms in an orderly manner. These headings shall not be used to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
ACCEPTANCE OF TERMS
By signing up for Our services, You accept and agree to be bound and abide by these Terms and Our Privacy Notice. If You do not want to agree to these Terms and/or the Privacy Notice, You must not sign up for Our services. If you are acting on behalf of a minor, the minor is also bound by these Terms. You are, therefore, advised to read these Terms carefully, as Your use, access, browsing of Our Services or Products, with or without payment and with or without subscription, through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.
When using services offered through bghometutor third-party service providers, such as email, You will be subject to Terms posted by these third-party service providers. Registration for any of Our Services or Products signifies Your agreement to those additional Terms.
The images of the Goods on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the printed pictures accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
The packaging of the Goods may vary from that shown in images on our Site.
Any Goods purchased from our Site are not for onward sale, or for use in connection with any other business reasons other than the Permitted Uses.
We may change the Goods to reflect changes in applicable laws or regulatory requirements, or to implement minor technical adjustments and improvements.
How to purchase Resources and/or Goods on our Site
The following explains the process you will go through to purchase Goods and/or Resources on our Site, and how the contract between us will be formed:
Step 1 – Choose the products you wish to purchase on the Site (Goods and/or Resources) by selecting and clicking on the items or choosing from the options in the school classes.
Step 2 – If you have chosen to purchase Goods, click ‘Add to Cart’ and/or if you have chosen to purchase Resources, click ‘Sign up Now.’
Step 3 – At the Basket page you will be able to see your proposed purchases and the payments, please check the details of your purchase and select ‘Proceed to Checkout’.
Step 4 – At the Checkout page you will need to fill out your billing details and (in relation to purchases of Resources only) select whether you want to pay by invoice or card (which can be either a credit card or debit card).
Step 5 – On the same page, you will see ‘Place Order’ or ‘Sign up Now’ displayed (depending upon which type of products you are ordering) click on this to place your order.
Step 6 – If you are paying by card, you will be prompted to enter your payment details.
Your purchase will only be accepted once we email you to confirm this, at which point, a legally binding contract will come into existence between you and us, and if you have purchased Resources, you will be able to access those Resources [ Lesson videos and quizs ].
We accept payment by credit or debit card and the credit or debit card details used will be stored by our third-party payment provider.
Licence fees and payment terms
If you are purchasing Resources
In consideration of bghometutor granting this Licence to you, you agree to pay the Licence Fee.
The Licence Fee will be the price indicated on the purchase page of the Site when you choose to purchase the Resources.
If you are an Individual User, the Licence Fee shall be payable in respect of the full Licence Term duration and is paid as a single payment on the date you purchase the Resources.
If you are a School User:
the relevant annual Licence Fee to be paid in full in respect of the initial term, will be paid when you purchase the Resources;
a further payment of the annual Licence Fee in respect of each renewal term will be due on the anniversary of the Commencement Date (Renewal Licence Fee), and each subsequent anniversary thereafter. If, when you initially make your purchase you choose to:
(i) pay by card, we will email you seven days in advance of each anniversary of the Commencement Date to let you know that your Renewal Licence Fee is due. If you wish to renew, you will need to make the relevant payment of the Renewal Licence Fee in order to continue your subscription.
Term, and termination of Resources subscription
This Licence shall commence on the Commencement Date and shall continue, unless and until terminated earlier under this clause (the “Licence Term”).
If you are entering into this Licence as a School User, the Licence shall continue for an initial term of 12 months from the Commencement Date, and thereafter it may be renewed on an annual basis for subsequent renewal terms of 12 months each, subject to the payment by you of the relevant Renewal Licence Fee. If you do not pay the Renewal Licence Fee or otherwise if you inform us of your intention to terminate the Licence (by carrying out the Subscription Cancellation Steps described below), the Licence shall cease at the end of the current 12 month period in respect of which you have paid us the relevant initial Licence Fee or Renewal Licence Fee as the case may be.
If you are entering into this Licence as an Individual User, the Licence shall continue for a period of 12 months from the Commencement Date. This means that you are entitled to access those Resources which you have purchased, at any time during that 12 month period and may also benefit from the rights described during that 12 month period.
As we may make available at the time of our accepting your request but we provide no guarantee that such equivalent resource will be available;
and nothing will entitle you to access resources for any additional period of time; and
subject to the terms of this Licence and all provisions which apply to the use of “Resources” will apply equally to your use of those equivalent resources which we may make available.
We may terminate the Licence at any time by giving notice in writing to you if you
(i) commit a material breach of these Terms and such breach is not remediable,
(ii) commit a material breach of these Terms which is not remedied within 14days of receiving written notice of such breach, or
(iii) fail to pay an amount due under this Licence on the due date
Termination of the Licence shall not affect any accrued rights and liabilities of either party at any time up to the date of termination.
Cancellation and Renewal of Resources Subscription
The following steps explain how you carry out the ‘Subscription Cancellation Steps’ or “Renewal Steps” as the case may be to indicate your intention to terminate or renew this Licence. These steps are only relevant to School Users but will not apply to Individual Users. That is because Individual Users do not have a subscription-based Licence with a renewal option but instead, pay the Licence Fee as a one- time payment.
Step1 – Log into ‘My Account’ from our Site
Step 2 – Select ‘Subscriptions’
To tell us you wish to cancel for the next twelve month period: Choose the subscription you wish to cancel and click on the relevant button to stop renewal or, select ‘Cancel’ from the Actions section, to cancel the subscription.
To make a payment for a Renewal Licence Fee in order to continue your subscription: Choose the subscription you wish to renew and make the relevant payment of the Renewal Licence Fee for the next twelve months.
Note that we will not take payments automatically. Therefore, if you do not make the payment of the Renewal Licence Fee, your subscription will be ended in any event whether or not you tell us in advance that you don’t wish to renew.
A User shall use this Website for lawful purposes only. Accordingly, a User shall not post, send or transmit any material which violates or infringes in any way upon the rights of others or perform any act that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conducts that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
Any conduct by a User that, at bghometutor sole discretion, restricts or inhibits any other User from using or enjoying this Website is prohibited. Accordingly, no User shall use this Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services that are in competition or likely to be in competition with bghometutor.
Note that bghometutor reserves the right to deny You access to any of the Services or Products or any portion thereof without notice for the following reasons:
(a) immediately by bghometutor for any unauthorized access or use by You
(b) immediately by bghometutor if You assign or transfer (or attempt the assignment or transfer of any rights granted to You under this Agreement;
(c) immediately, upon a report of Your violation of this Agreement or any other policy accessible on Our platforms.
USE OF SERVICES
Your use of Our Product, Website,and Services is solely for Your personal and non-commercial use. Any use of the Website, Services or Products or their contents other than for personal purposes is prohibited. The following restrictions apply to Your personal and non-commercial use of Our Website, Products and / or Services:
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trade-mark, patent, trade secret or other proprietary rights of the owner.
Upload files that contain viruses, malware, worms, corrupted files, or any other similar software or programs that may damage the operation of our systems.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices indicating the moral intellectual property right of another or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded to Our Website.
Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website, to access, acquire, copy or monitor any portion of the Application/Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Website.
Restrict or inhibit any other User from using and enjoying the Services or Products.
Violate any code of conduct or other guidelines, which may be applicable for any particular Service or Product.
Violate any applicable laws or regulations.
We reserve the right to review posts, feedbacks, and updates posted to this Website by any User and to remove any materials that are posted for a prohibited purpose, as well as suspend that User.
All present and future rights in and to trade secrets, patents, copyrights, trade-marks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the services provided by this Website (the “Intellectual Property Rights”) shall, vest in bghometutor.
The content of this Website including but not limited to computer programs, technology, data file, techniques, algorithms, methods, codes, logos, marks, trade secrets, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, are protected as a collective work or compilation under Nigerian copyright and other relevant conventions and treaties. All individual content, modules, articles, and other elements, including all software available on this Website or used to create and operate this Website is and remains the property of bghometutor.
All trade-marks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on this Website are the property of their respective owners. A User may only use such marks with the prior written consent of the owner.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation of it by bghometutor.
You agree to abide by all applicable copyright laws, as well as any additional copyright notices or restrictions contained on this Website. You acknowledge that this Website is developed, compiled, prepared, revised, selected, and arranged by bghometutor and its partners and constitute their intellectual property. You agree to protect the proprietary rights of bghometutor and all others having rights in this Website during and after the term of these Terms and to comply with all reasonable written requests made by bghometutor or its suppliers and licensors of contents (“Affiliates”).
In a bid to protect Your copyright as well as the copyright of other Users, You agree to notify bghometutor in writing promptly upon becoming aware of any unauthorized access or use of this Website by any individual or entity.
All present and future rights in and title to this Website (including the right to exploit this Website and any portions of it over any present or future technology) are reserved to bghometutor for its exclusive use. Except as specifically permitted by these Terms, You may not copy or make any use of this Website or any portion of it, without prior written approval from bghometutor.
You shall not upload, post or otherwise make available on this Website, any content protected by copyright, trade-mark or other proprietary rights without the express permission of the owner of the copyright, trade-mark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By providing any material to this Website, You automatically grant or warrant that the owner of such material has expressly granted You a royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or to be developed in the future for the full term of any copyright that may exist in such material.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
We are committed to safeguarding the privacy of Your information. When You sign up for Our services, We require that You create an account by providing Us with current, complete and accurate information as prompted by the applicable registration form.
We have measures in place designed to protect Your information against unauthorized access. But be aware that although we endeavor to provide reasonable security for information we collect and process, we recognize that no security system can prevent all potential security breaches; thus, we cannot guarantee the absolute safety of Your information.
Please note that You are entirely responsible for any and all activities that occur under Your account and You shall promptly notify Us of any unauthorized use of Your account or any other breach of security. bghometutor will not be liable for any loss that You may incur as a result of third-party access, either with or without Your knowledge.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE
Disclaimer of warranty and limitation of liability
The User expressly agrees that the use of this Website is at the User’s sole risk. Neither bghometutor, its affiliates nor any of Our respective employees, agents, third-party service providers or licensors warrant that this Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, reliability or content of any information and service provided through this Website.
This Website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchant ability or fitness for any particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.
This disclaimer of warranty and limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.
We disclaim liability for any errors or inaccuracy which may occur or be contained in any material despite our best effort to offer the current and correct information in the preparation of Our Website/Services/Products. Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Website/Services/Products for any particular purpose.
We reserve the right to remove, review, edit or delete any content at any time. Also, certain contents in the Services/Website/Products may contain opinions and views. bghometutor shall not be responsible for such opinions or any claims resulting from them. Further, bghometutor makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
We may contact Our Users through SMS, email, and call, to give information about Our Products as well as notifications on various important updates and/or to seek permission for demonstration of Our products. You agree to receiving these periodic messages
Upon registration through any means whatsoever, bghometutor may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Our Services. The User expressly permitsbghometutor to contact them and the student(s) utilizing the Services, through the above-mentioned means at any time post-registration.
bghometutor Products and/or Services are compatible only with certain devices/tablets/instruments/hardware. bghometutor shall not be obligated to provide workable products and/or services for any instruments that are not recognized by bghometutor or those instruments that may be purchased from any third-party which are not compatible with bghometutor products and services. Also, You agree that any defect relating to any devices/tablets/instruments/hardware used to access Our Services or Products shall be reported to the manufacturer whose details shall be specified on the packaging and bghometutor shall not be responsible for such defect in any manner.
Minors, un-discharged, or insolvents persons are not eligible to register for Our products or Services. Where a minor wish to use Our products or Services, such use shall be made available to the minor by his/her legal guardian or parents, who has agreed to these Terms. It is assumed that a minor who utilizes Our Services has obtained their legal guardian’s or parent’s consent and that such use is made available by the legal guardian or parents. bghometutor will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/Products provided. Where it is discovered that a User is under the age of 18 (eighteen) years, bghometutor reserves the right to terminate the User’s subscription and/or refuse to provide the User with access to the Products or Services.
We shall not be responsible for any failure or delay in performance due to circumstances beyond Our control, including, without limitation, to acts of God, war, riot, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third-party service providers (including providers of internet services and telecommunications).
If You are affected by any such event, You shall notify Us within a maximum of seven (7) days from the day You became aware. The performance of these Terms shall then be suspended for as long as any such event shall prevent Us from performing Our obligations under these Terms.
Third-Party links will take You out of this Website. The linked websites are not under the control of bghometutor and We are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such Websites. bghometutor provides these links to You only as a convenience, and the inclusion of any link does not imply endorsement by bghometutor of the third-party website.
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
User agrees to defend, indemnify and hold harmless bghometutor, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of bghometutor by User or User’s Account.
These terms and conditions, together with Our Privacy Notice constitute the entire agreement between You and Us in relation to Your use of Our website and supersede all previous agreements in respect of Your use of this Website.
Any rights not expressly granted in these Terms are reserved.
If You have any questions about this Privacy Notice, please contact Us at email@example.com