Terms of Use

Please read these Terms of Use, which set forth the legally binding terms and conditions for your use of the services (the “Service”) offered by Gradely.NG (“Gradely.NG” or the “Hi-Score Software”) and the website at www.gradely.ng.

Last revised: September 10, 2019

Your access to use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service and all applicable laws and all conditions or policies referenced here (collectively, the “Terms of Use”)

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service and that the Company may use any information the Company obtains about you in accordance with the provisions of the Privacy Policy. Elements of these terms of Use include:-

Summary of service

Gradely is Nigeria’s first truly personalized learning platform that empowers educators and parents to make a difference in their ward’s learning outcomes and produce more globally-competitive learners.

To do this, we are providing the tools, content and people that can support the learning process of every student. We believe that with more real-time data and feedback on the learning process, it is possible for teachers and schools to notice each individual’s learning gaps and fill those gaps in more efficient ways. We strive to be school process-friendly, parent-first and teacher-led.

Definitions

In these Terms of Use, we refer to those educators/Instructors as “Teachers” and people who are the sponsors of their ward’s education as “parents”. Other Users include the child who is referred to as “Student” & the school where the learning take place as “school”. Assessments are given per duration which will be grossly referred to “Homework”and the duration is split down to the lowest time which is referred to as “Weeks”, “Terms”.

Acceptance of terms

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use and all other operating rules, policies, and procedures that may be published on the Site by “Gradely.NG”, which are incorporated by reference, including operating rules, policies, and procedures of third party services providers to the Site that are referenced herein. These Terms of Use apply to every user of the Service/website. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

“Gradely.NG” reserves the right, at its sole discretion, to modify or replace these Terms of Use from time to time by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Site and the Service. Your continued use of the Service following the posting of any changes to the Terms of Use will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

“Gradely.NG” reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. “Gradely.NG” may also impose limits on certain features and Services or restrict your access to parts of or the entire Site without notice or liability. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Gradely.NG. The Service is protected by copyright, trademark, and other laws of The Federal Republic of Nigeria. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Gradely.NG.

User shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

If you choose to provide technical, business or other feedback to Gradely.NG concerning the Site or the Services (collectively, “Feedback”), Gradely.NG will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by the Company of Feedback into any of its products or services does not grant you any proprietary rights therein.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Gradely.NG.

Gradely.NG has no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Gradely.NG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.

Indemnification

We shall defend, indemnify, and hold harmless Gradely.NG, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Agreement, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Gradely.NG reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Gradely.NG in asserting any available defenses.

Limitation Of Liability

In no event shall Gradely.NG, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Hi-Score Software Its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of The Federal Republic of Nigeria, without regard to its conflict of law provisions.Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes To Terms

Gradely.NG reserves the right, in its sole discretion, to change the Terms under which Gradely is offered. The most current version of the Terms will supersede all previous versions. Gradely.NG encourages you to periodically review the Terms to stay informed of our updates.

Copyright Disclaimer

The website is the personal property of Gradely.NG. Gradely.NG retains the right to bar any individual or entity from the website. Accessing the website after being barred shall constitute an act of trespass. The website and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by Gradely.NG. or its licensors. You cannot modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.