Terms of Use

1. Acceptance of Terms

Welcome to Learn by M-TIP ("Platform", "we", "us", "our"). These Terms of Use ("Terms") govern your access to and use of our online learning services, website, mobile applications, content, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you must not access or use the Services.

2. Eligibility

To use the Services, you must:

• Be at least 18 years old, or
• Have the consent of a parent/guardian and be legally able to enter binding contracts under Kenyan law.

Use of the Services is void where prohibited by applicable laws. You represent that your use complies with all relevant laws and regulations.

3. Registration and Accounts

3.1 Account Creation

To access certain features, you must register and create an account. You agree to provide accurate, current, and complete information when registering.

3.2 Account Security

You are responsible for safeguarding your account credentials. Do not share your password or allow others to use your account. You agree to immediately notify us of any unauthorized use.

3.3 Account Termination

We may suspend or terminate accounts that are inactive, fraudulent, or in violation of these Terms.

4. Use of the Services

4.1 License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms.

4.2 Restrictions

You agree not to:

• Copy, modify, reproduce, republish, post, transmit, or distribute content from the Services without permission;
• Interfere with the Services or servers/networks;
• Use automated systems to access, scrape, or extract data;
• Use the Services for unlawful purposes.

5. Content

5.1 Platform Content

All instructional materials, videos, text, graphics, logos, trademarks, and software are protected by intellectual property laws and belong to Learn by M-TIP or our licensors.

5.2 User-Generated Content

You may submit feedback, comments, or other content ("User Content"). By submitting User Content you:

• Grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and distribute such content;
• Represent and warrant that you have all rights to submit the content, and it does not violate any law or third-party rights.

5.3 Feedback

We may use feedback to improve the Services without compensation to you.

6. User Information and Bio Data Changes

Bio Data Changes Verification

To maintain the integrity and accuracy of user records, any request to change personal bio data (including but not limited to name details) must be accompanied by valid supporting information. Users may be required to provide a government-issued identification document and a verified phone number to confirm their identity before such changes can be processed. This requirement ensures proper documentation, prevents unauthorized alterations, and supports compliance with applicable regulatory and record-keeping standards.

7. Payments and Fees

7.1 Payments

Certain courses or certifications may require payment. You agree to pay all applicable fees and taxes. Payments are processed through our third-party payment partners (e.g., mobile money or card processors).

7.2 Refunds

Refund policies are as stated at the point of sale and may vary by course or program.

8. Privacy

Your use of the Services is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you consent to the collection, use, and sharing of personal data as described in the Privacy Policy.

9. Disclaimers

9.1 "As-Is" Service

The Services are provided "as is" and "as available". We do not warrant that the content or Services will be uninterrupted, error-free, or secure.

9.2 No Professional Advice

Content provided through the Services is for educational purposes only and is not professional advice.

10. Intellectual Property

All rights, title, and interest in and to the Services and content belong to Learn by M-TIP and its licensors. You will not acquire any ownership rights by using the Services.

11. Termination

We may suspend or terminate your account or access to the Services at any time, with or without notice, for violation of these Terms or for any other reason.

12. Indemnification

You agree to indemnify and hold Learn by M-TIP, its affiliates, officers, employees, and agents harmless from any claims, damages, losses, liabilities, and expenses arising out of your use of the Services or violation of these Terms.

13. Limitation of Liability

To the maximum extent permitted by law:

• Learn by M-TIP and its affiliates shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Services.
• Our total liability for any claim arising out of or relating to the Services shall not exceed the amount you paid, if any, in the six (6) months preceding the claim.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of Kenya. Any dispute arising from or related to these Terms shall be resolved by negotiation, and if unresolved, through arbitration or the courts of competent jurisdiction in Kenya.

15. Changes to These Terms

We may update or modify these Terms at any time. If we make material changes, we will notify you via in-app message, email, or website notice. Continued use of the Services after changes constitute acceptance of the updated Terms.

16. Notices

We may provide notices by posting them on our app or website, or by sending an email to the address associated with your account.

Notices to Learn by M-TIP should be sent to:

17. Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the rest of the Terms will remain enforceable.

18. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Learn by M-TIP regarding your use of the Services and supersede all prior understandings or agreements.

19. Acknowledgement

By accessing or using the Learn by M-TIP platform and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.