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Terms of
Use

Terms of Use

THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND BRIGHTHAT LIMITED (“COMPANY”) GOVERNING YOUR USE OF COMPANY’S APPLICATIONS, WEBSITE, AND TECHNOLOGY PLATFORM (COLLECTIVELY, THE “PLATFORM”) WE ADVISE THAT YOU TAKE AMPLE TIME TO READ THESE TERMS AND IF YOU DISAGREE WITH THESE TERMS WHOLLY OR PARTLY, YOU MUST NOT USE OUR PLATFORM!

Terms of Use

1.             Definition.

Before going forward, please take note of the following terms,

The ‘Company’ means BrightHAT Limited.

“Course Materials” means the information provided by Brighthat Limited to accompany a course provided as part of the Services in hard copy or electronic form.

“Fees” means the fees paid by you to Brighthat Limited for the Services.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.

“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Platform or by telephone.

“Taught Course” means a course taught by us in a classroom setting to which you attend in person.

“Website/Platform” means www.mybrighthat.com

“You” means the individual purchasing the Services. Anyone below 18 years of age or age of maturity in your territory or country is assumed to be a child (“Child”) and requires parental consent to use our Platform. The parents of the Child or a user above 18 years of age are hereinafter referred to as “You”. The term “Users” where it appears for the purposes of these Terms of Use shall be read as You and/ or Child.

2,             Services

Our services is to facilitate online education services to learners in various subjects. The concept is to create a virtual classroom, which helps learners to learn without any restrictions as to time and place.

3.             Personal Information.

We know that your personal information is important to you, so it is important to us. Our privacy notice details how your information is used when you use our services. By using our services, you are also agreeing that we can process your information in the ways set out in the Privacy notice. So please read our separate privacy notice here,

4.             Registration Requirement

4.1          In order to access our Platform and services you may have to create an account and disclose information including, but not limited to, (i) name, e-mail ID, location and other contact information (ii) gender and other demographics (iii) birth date and year to validate your age (iv) email address to acquire the parental consent. You must be 18 years or lawfully permitted to enter and form contracts under applicable law. In no event may a child register for the service or submit content to it. You acknowledge that your user ID and password is for your exclusive use only. Use or sharing of your Account with another user or person is not permitted and is a ground for immediate blocking of your access to the Platform, the Services and the content provided by Brighthat and shall lead to termination of this Agreement without any notice. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

4.2          You are solely responsible for safeguarding the confidentiality of your Account and password and not to disclose details of your account to any third party. You agree that you shall be solely responsible for any and for all activities that occur under your account or actions under your password, whether or not you have authorised such activities or actions. You shall immediately notify Brighthat in the event of any unauthorized use of your Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with us in any investigation of such unauthorized uses.

5.             License to Use

Subject to compliance with these Terms, you are granted a limited, non-exclusive, non-sub licensable, non-transferable, and revocable right to access the platform and access the Products offered on this platform which are for your personal, non-commercial use, and as Brighthat otherwise intend. Brighthat reserves the right to monitor your use of the platform for the purpose of determining that your usage complies with these Terms. Any rights not expressly granted to you herein are reserved to Brighthat.

6.             Trial Classes

To our new members, we provide one (1) free trial class per new student as an opportunity to experience the services provided by us. Taking multiple trial classes by an individual either through his/her own account or through someone else’s accounts, email IDs and/or in any other manner whatsoever, without the prior written permission of Bighthat is not allowed and shall amount to a breach of the present Terms. Any free trial class provided by Brighthat shall also be governed by these Terms of Use.

7.             Modules and Curriculum

There are sets of modules according to which the learner will be required to complete his/her levels. There are tutors who will assist the learner with his/her modules.

We will grant you access to Brighthat’s material, content, curriculum, documents and other information and data (“Curriculum”) which may be in video, audio, written, graphic, recorded, photographic, or any other format in relation to the modules for which you have registered for. Brighthat reserves the right to amend, revise or update the Curriculum at any time.

8.             Payments
8.1           Payment on the platform shall be according to the products selected and all payments shall be through any of the payment mechanism put in place by Brighthat. You undertake to pay the fees for the courses/ products that you order, and you authorize Brighthat to charge you as per the applicable payment mode opted by you. The payment mechanism and other payment instrument are provided by third parties and same will be governed by a separate terms and conditions of the third-party providers as listed on the Platform and the User agrees to be bound by those terms.

8.2           Brighthat explicitly disclaims any liability or responsibility in the event of any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction.

  1. Intellectual Property

9.1           All contents of the platform including graphics, logos, designs, images, page headers, button icons, scripts, videos, audios, service names Course Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of BrightHAT or its licensors, whether adapted, written for or customised for the Client or not, which you may view or download for the sole purpose of completing the Online Course and / or attending the Taught Course.

9.2.          You are not authorised to modify, reproduce, copy, re-publish, sell, upload, post, transmit or distribute any of the Course Materials without prior written permission; record, relay by videophone or other means the Online Course or Taught Course given; use the Course Materials in the provision of any other course or training whether given by us or any third party trainer; remove any copyright or other notice of BrightHAT on the Course Materials; modify, adapt, translate, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

9.3           Any infringement of this clause 9 shall make us to immediately terminate these terms with you and cease to provide you with any Services, including but not limited to access to the Online Courses and these rights will be pursued in the appropriate manner.

  1. User Consent

10.1         You explicitly give consent and grant permission to Brighthat to record, make videos, audio/sound recordings, take screenshots during the classes/ lectures that are conducted by Brighthat on its Platform to the extent required to improve the services offered by Brighthat.

10.2         All rights, ownership, and intellectual property in the ‘User Content/Submission’ created by you on or by using the platform, during the period of the tutorial classes or the course, shall vest in Brighthat. You hereby explicitly consent and transfer all such rights, ownership, and intellectual property in the ‘User Content/Submission’ to Brighthat for a worldwide, royalty-free, and perpetual use. Brighthat shall have the sole and exclusive right to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display any/all such ‘User Content/Submission’.

  1. User Communication

You hereby explicitly consent to receive email, telephone, WhatsApp or text messages from Brighthat, for the purpose of providing alerts and information related to the services.

  1. Rule of Conduct

12.1         You acknowledge and agree that our services are provided to facilitate learning, and you represent and warrant that the services shall not in any way be used for cheating, malpractice or other fraudulent activities. You shall not hire Tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf. You agree not to use our services for any purpose that violates the academic honesty policy or other conduct policies of your or other educational institutions or place of learning. Similarly, parents and/or guardians agree not to facilitate the use of our services on behalf of their children or ward for any purpose that violates the academic honesty policy or other conduct policies of their children’s or ward’s school, university, academic institution or other place of learning.

12.2         The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users, and you expressly consent to Brighthat’s monitoring your computer’s random access memory for the purpose of identifying said unauthorized third-party programs. 

12.3         You must comply with the laws that applies in the location that you access the Brighthat’s Services from. If any applicable law(s) restrict or prohibit your use of our Services, you undertake to comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of Brighthat.

13            Third Party Content

13.1         Certain links on our Platform will lead to websites, products, or services which may be posted by advertisers, our partners or affiliates or other users (“Third-party Content”). We have no control over third party content and we are not responsible for any of their websites, products or services. You should be aware that the terms and conditions and privacy policies of the third-party content may be different from those applicable to our platform. You use it at your own risk and you should make any investigation you feel necessary before proceeding with such third-party content.

13.2         You shall be solely and personally liable for any violation of a third party’s rights by You. You undertake to reimburse Brighthat for all damages that may result from the culpable non-observance of the obligations of these Terms of Use. You release Brighthat from all eligible claims that other users or third parties may file against Brighthat due to a violation of their rights by content posted by you or due to a violation of other obligations. You shall assume the costs of Brighthat legal defense, including all court and legal fees. This condition does not apply if you are not responsible for the infringement.

  1. Warranties & Limitation on Liabilities

14.1         The materials on Brighthat’s Platforms are provided “as is” without warranty or condition, expressed or implied, and hereby disclaims and negates all other warranties and does not make any representations concerning the accuracy, correctness, completeness, likely results, suitability for purpose or reliability of the use of the materials on its Platforms or otherwise relating to such materials or on any sites linked to this site. In particular, our service may not be uninterrupted or error-free.

14.2         Brighthat will usually scrutinize the curriculum delivered by the tutors. However, Brighthat does not guarantee the quality of lessons delivered to you. At any instance of live interactive classes, if the tutor uses any sexual or abusive language or depicts any forced sexual acts, or pornographic images or does any unethical, unlawful or immoral act, then in such cases, please immediately inform Brighthat at the contact provided below in Clause 23. Brighthat will make all efforts to take any and all necessary actions as per the applicable law. However, Brighthat explicitly disclaims any liability or responsibility in the event of such a circumstance.

14.3         Brighthat will not be held responsible for any unethical, illegal acts performed by you on the advice of tutor and where the learner is a child, it shall be the responsibility of the parents and/or guardians to closely monitor the activities of their Children or ward while accessing our Platform.

14.4         You waive all special, indirect and consequential damages against us.

  1. Release/Indemnification

You agree to release Brighthat, its members, managers, officers, employees, and agents from any and all liability and obligations whatsoever arising from or in connection with your use of the platform and the Service. In the event that you are not happy with the platform or the Service or object to any material or service on the platform, your sole remedy is to cease using them.

  1. Applicable Law and Jurisdiction

We want you to enjoy Brighthat platform and services, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedbacks and concerns here or by emailing info@mybrighthat.com.

These terms of Use are governed by and will be construed in accordance with the laws of the Federal Republic of Nigeria without regard to principles of conflict of laws. In the event of any dispute arising under or in connection with these terms upon which an amicable understanding cannot be reached within thirty (30) days shall be settled exclusively by arbitration in accordance with the Arbitration and Conciliation Act, LFN 2004 or any amendment thereto and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Parties shall mutually appoint an Arbitrator. The seat of arbitration shall be Lagos State and the language shall be in English. Nothing contained herein shall prevent the party from obtaining an injunction.

  1. Class Action Waiver

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST BRIGHTHAT ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Brighthat agree otherwise, the court may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.

  1. Termination and Expiry

18.1         Brighthat reserves the sole right to remove, restrict, cancel or suspend access to or use of the platform: (a) where it believes that the use of your account is unauthorised, fraudulent, or otherwise unlawful; (b) for any behaviour that involves cheating, theft, malpractice, misconduct or supplying false or misleading information; (c) or for any breach of these terms of Use.

18.2         You may also terminate your agreement with Brighthat at any time by ceasing to access the Platform, Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.

  1. Survival.

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

  1. Assignment

You may not assign these terms of Use to any other party without Brighthat’s prior written consent, but is nevertheless binding on your assignees, heirs, and personal representatives.

  1. Changes to Terms and Assignment

21.1         Brighhat may from time to time, change, modify, add or remove from these terms so we advise that you check this page for updates. In addition, when using any particular services or availing any promotional offer, you may be subject to additional terms and conditions, posted guidelines or rules, as may be applicable to such services and offers. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms of Use.

21.2         We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

  1. Entire Agreement

This Agreement, along with the Privacy notice, Terms of Use, and any additional guidelines, rules, and/or disclaimers posted on the Platform constitutes the entire agreement governing your use of our Platform and supersedes any prior agreements, if any, relating to any matter dealt within this Agreement.

23            Contact

We welcome comments, concerns, questions or suggestions.

Please contact us by using: Letter: BrightHAT ATTN: Legal, 7 Ayoola Drive, New Bodija, Ibadan, Nigeria

Email: info@mybrighthat.com

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