JIUNGE TERMS OF SERVICE
Welcome to JIUNGE!
Our Services as ABNO Softwares International Limited(hereinafter referred to as ABNO) are very diverse, so sometimes additional terms (including registration requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
Our Services under Jiunge
Jiunge is an integrated platform that unlocks the potential and shapes the future of students by offering access to vast educational opportunities in higher education, Secondary, Primary and pre-primary institutions. The platform anchors an all-inclusive ecosystem along the lines of service provision, accommodation and affordable product offerings to give students a memorable experience.
Using our Services
While using our Services, please note that you must follow any policies made available to you within the Services. ABNO only grants you a non-exclusive, non-transferable, non-sub-licensable, revocable license, to access and use the Jiunge platform.
Please don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
You should note that using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
You agree and acknowledge that ABNO is the sole owner of the branding, logos or names (“Marks”) used in our Services. You also agree not to contest or aid in contesting ABNO’s rights in, or the validity of, those Marks, including, but not limited to, by applying to register any Mark that is confusingly similar to those ABNO Marks. "Marks" means all trademarks, service marks, logos or trade names used to identify ABNO and its products and services.
Our Services display some content that is not ABNO’s. This content is the sole responsibility of the person that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Your JIUNGE Account
You will need to create an Account in order to use our Service.
By creating an account on the Portal, you warrant to ABNO that you have the capacity to use the Service, and to enter into these Terms of Service.
You are responsible for the activity that happens on or through your account. Therefore, protect your account and keep your password confidential.
You will be required to provide a valid email address, date of birth and your phone number while creating your account for purposes of verifying your account. You are responsible for ensuring that the email address associated with your account is accurate and secured with a strong password.
We are not responsible for personal data transmitted to a third party as a result of you providing an incorrect email address or deliberately or inadvertently providing, allowing a third party access to your registered email address and or account.
We shall reasonably endeavor to activate your account within a reasonable time frame. ABNO will not be liable for any costs or expenses, breach of expectations or any other liabilities that could arise as a consequence of any delay occasioned by the failure to activate the account within your expectations.
We reserve the right to delete inactive accounts.
To the extent prohibited by applicable law, we do not allow use of our Services and App by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.
Your Content in our Service
The Service will allow you to submit, store, send or receive content within the community. You retain ownership of any intellectual property rights that you hold in that content.
Your content must not violate, or encourage or facilitate the violation of, our terms and conditions or third party intellectual property rights. ABNO is not responsible for your content that violates third party Intellectual property rights.
ABNO reserves the right to block any content that in its sole opinion is vulgar, demeaning, illegal, repugnant to morality or made in bad faith.
Improvement of our Services
These Terms of Service do not grant you any rights in any of the functionalities of the Services or software or the content accessed through them. While we appreciate it when you send us feedback, please be aware that we may use, modify, incorporate into our products and services, license and sublicense, any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.
Modifying and Terminating our Services
We are constantly changing and improving our Service. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Service at any time. ABNO may also stop providing Services to you, or add or create new limits to our Service at any time.
ABNO may also discontinue your access and use of our Service at any time or suspend your access to some content: (a) if you breach any provision of these Terms of Service; (b) if you delete your account; (c) if ABNO is required to do so by law; (d) if ABNO ceases to offer any services covered by these Terms of Service; (e) if you or your content become a threat to other users or the Service.
ABNO may also suspend provision of the Services in order to address any security threat.
UPON ANY TERMINATION OR SUSPENSION OF ACCESS, YOU MAY LOSE ACCESS TO ANY CONTENT, MATERIALS OR INFORMATION THAT YOU PROVIDED TO ABNO THROUGH THE SERVICE.
Our Warranties and Disclaimers
We provide the Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Service.
Other than as expressly set out in these terms or additional terms, we do not make any specific promises about the Service, for example, we don’t make any commitments about the Service being fit for any particular purpose, being merchantable etcetera. The Service is provided "as is", at your own risk, without express or implied warranty or condition of any kind.
Some jurisdictions provide for certain warranties, like the implied warranty of merchant ability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
You will indemnify, defend and hold ABNO, our affiliates, agents, and licensors harmless from all costs and expenses (arising from any third party claim relating to: (a) your breach of these Terms of Service or any act or omission by you in connection with your use of the account; (b) your application; or (c) your collection or use of User Data. You may not settle any claims that limit our rights without our prior written consent (which will not be unreasonably withheld).
Limitation of Liability
To the fullest extent permitted by law, in no event will, ABNO ,its affiliates, or agents be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, or (b) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), even if ABNO knew or should have known of the possibility of such damages. to the fullest extent permitted by law, the maximum aggregate liability of ABNO, its affiliates, and agents for all claims relating to our services will not be more than the greater of KES 50,000. The foregoing limitations shall apply even if your remedies under this agreement fail of their essential purpose.
Exclusion of Liability
ABNO shall not be held liable in the following circumstances:
Where you have shared your password and/or log in details resulting in un-authorized access to your account;
Where your device is not compatible with the Service;
In your digital interaction with other users including but not limited to the app, Messages, instant chat messages, news posting and forum comments, you agree to conduct yourself civilly and respectfully.
While using the platform, you agree that you shall not under any circumstance harass or make mischief against any other use of the platform.
ABNO reserves the right to determine at its sole discretion what constitutes harassment of mischief and where that occurs, may also at its own discretion, partially or completely deny service to the infringing party.
As of this effort, ABNO enlists the help of its active users to moderate flagged messages or comments and other contents to determine if a user’s conduct is harmful to the community
You agree that ABNO may without prior notice immediately terminate, limit your access to or suspend your account and access to the Service without any liability to you or any third party. Termination may include: Barring of Further use, Remove of access to all or part of the App, Deletion of your account, Password or all related information, Deletion of files associated with your account.
The causes of such termination and limitation to access include but not limited to: Breaching or Violations of these Terms Of Reference or other incorporated agreements or guidelines, requests by law enforcement or government agencies, Unexpected Technical or security issues or problems, Extended period of inactivity, Engagement by you in fraudulent or illegal activities and /or where applicable nonpayment of fees owed by you in connection with the Service.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our services. You should look at the terms regularly. We’ll post notice of modifications to these terms on the website. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
THESE TERMS OF SERVICE WILL BE GOVERNED BY THE LAWS OF KENYA EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES LITIGATED EXCLUSIVELY IN KENYA EXCEPT YOU AGREE THAT ABNO MAY APPLY FOR INJUNCTIVE RELIEF IN ANY JURISDICTION.
These Terms of Service create no third party beneficiary rights. ABNO’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Terms of Service will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
You may not assign any of your rights in these Terms of Service, and any such attempt is void, but ABNO, may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
ABNO and you are not legal partners or agents.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
If it turns out that a particular term is not enforceable, this will not affect any other terms.
By participating in or continuing to use the Service you shall be deemed to be making an affirmative statement of your acceptance of these terms and conditions.