Nitahini is a website offering KCPE (8-4-4 system) revision tutorials through an online platform. We provide subscription-based memberships that give access to all revision content on the website to assist and streamline your exam preparation and performance.(Note: These terms of service will change without notice.)
Terms of Service:
The following terms and conditions govern all use of the Nitahini.com website and all content, services and products available at or through the website, including, but not limited to, revision papers, past papers or quizzes. The Website is owned and operated by Nitahini . The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Nitahini) and procedures that may be published from time to time on this Site by Nitahini (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Nitahini, acceptance is expressly limited to these terms.
- Your Nitahini.com Account and Site. If you create a user account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not describe or assign your user account in a misleading or unlawful manner, including in a manner intended to trade or allow others to use this account You must immediately notify Nitahini of any unauthorized uses of your user account or any other breaches of security. Nitahini will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Services and Product
We agree to offer the customer an account on the online assessment platform using our hosts servers. Considering an event of a planned change in the provider’s network or infrastructure, the provider shall make practical efforts in order to notify the customer in advance. You agree to provide accurate and updated identification information during the account registration. The customer is solely responsible for the entire content shared on their account and also agrees to promptly notify in case of an unauthorized use or breach of the account. We will not be responsible for any loss or damage arising from the failure to provide accurate information or impose account security.
The terms to provide service are between the provider and the customer. No third party recipient interference is permitted. The provider should respect the privacy of the content and take utmost care in order to safeguard any illegal usage. Service is dependent on factors that include the network, servers and other subsidiary tools. Considering a case in which the software behaves uneven and the user gets an error, our team will work to resolve the issue by earliest, understanding the critical nature of the exam related events.
This agreement is designed and governed in reference to the laws of Kenya and any dispute shall be heard at the local administrative bodies.
- Memberships, Payment and Renewal.
- General Terms. The customer agrees to the service starting on the date of the subscription. The service is timely and when due for renewal, we will be informing the customer in advance about the renewal date. Customer will be provided a week’s time as the grace time and the customer is liable to cancel their account by requesting a termination of the subscription. By selecting a Membership you agree to pay Nitahini the monthly subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Subscription and will cover the use of that service for a monthly or annual subscription period as indicated. Should this website close or cease to exist, all memberships will expire at that time. Nitahini.com will no longer be responsible for providing any support for its content if:
- Nitahini.com is no longer actively developed as a viable product under nitahini.com.
- Nitahini.com or the parent company is purchased or bought out by another company.
- WordPress is no longer actively developed.
- Automatic License Renewal. Nitahini does not offer Automatic License Renewal. If you wish to maintain an active membership, we recommend you renew your subscription before it expires. Expiry Notices will be sent out to each member with enough time to renew.
- Nitahini.com reserves the right to modify, change, cancel or upgrade a subscription membership without prior notice or consent. Prices of all products are subject to change without prior notice or consent.
- Account Cancellation. You will be solely responsible for the cancellation of your account, data backup and deletion of information. The entire content from the panel will be deleted once instructed for the cancellation of the account.
- Subscription Delivery. After we have processed your payment successfully, you will receive an email with your order number and other purchase information. Your subscription will then be automatically activated ad you can access the revision content.
Should your subscription not be activated, you can contact us through http://www.nitahini.com/contact to request for the same.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Nitahini.com links, and that link to Nitahini.com. Nitahini does not have any control over other websites and webpages, and is not responsible for their contents or their use. By linking to a non-WordPress website or webpage, Nitahini does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Nitahini disclaims any responsibility for any harm resulting from your use of other websites and webpages.
- Copyright Infringement and DMCA Policy. As Nitahini asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Nitahini.com violates your copyright, you are encouraged to notify Nitahini. Nitahini will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Nitahini will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Nitahini or others. In the case of such termination, Nitahini will have no obligation to provide a refund of any amounts previously paid to Nitahini.
- Intellectual Property. This Agreement does not transfer from Nitahini to you any Nitahini or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Nitahini. Nitahini, Nitahini.com, the Nitahini.com logo, and all other trademarks, service marks, content, graphics and logos used in connection with Nitahini.com, or the Website are trademarks or registered trademarks of Nitahini or Nitahini’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Nitahini or third-party trademarks.
- Marketing. Nitahini reserves the right to display your comments and testimonials on the Nitahini.com website and Nitahini’s social network profiles.
- Attribution. Nitahini reserves the right to display attribution links at Nitahini.com.
- Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we may (although not obligated) let you know by posting on one of our blogs or social profiles, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Nitahini.com within the designated notice period. Your continued use of Nitahini.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Termination. Nitahini may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Nitahini.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Nitahini and its suppliers and licencors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Nitahini nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Nitahini, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Nitahini under this agreement during the twelve (12) month period prior to the cause of action. Nitahini shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Nitahini, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Translation. These Terms of Service were originally written in English (CAD). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- Miscellaneous. This Agreement constitutes the entire agreement between Nitahini and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Nitahini, or by the posting by Nitahini of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Kenya, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the city of Nairobi, Kenya. Except for claims for injunction or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with Judicial Arbitration and/or Mediation Services. The arbitration shall take place in Kenya, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Nitahini may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.