Welcome to SmartSchool!
Thanks for using our products and services ("Services"). The Services are provided by SmartSchool ("we" or "us" or "our" or "Brilliantte Solutions Ltd").
By using our Services, you are agreeing to these terms. Please read them carefully.
Using our Services
You must follow any policies made available to you within the Services.
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, including applicable export and re-export control laws and regulations. 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.
Using our Services does not give you ownership of any intellectual property rights in our Services. 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.
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.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Commercial Services shall be made available to our clients upon signing of our Service Agreement and subsequent payment of service cost as indicated in the Service Agreement.
Privacy and Copyright Protection
SmartSchool’s privacy policies explain how we treat your institution/business data and protect your privacy when you use our Services. By using our Services, you agree that SmartSchool can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of infringers according to the process set out in the Copyright Act Cap 130 of the Laws of Kenya.
Your Content in our Services
You retain ownership of any intellectual property rights that you hold in the content you submit. In short, what belongs to you stays yours. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
SmartSchool gives you an institutional, royalty-free, non-assignable and non-exclusive license to use the software provided to you by SmartSchool as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SmartSchool, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. For our commercial Services, delays in payments may result in termination of the Service. Advance notices will be sent to our clients before due dates.
You can stop using our Services at any time, although we’ll be sorry to see you go. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. There are no refunds for charged services on termination of the Service.
Liability for our Services
WHEN PERMITTED BY LAW, SMARTSCHOOL, AND SMARTSCHOOL’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SMARTSCHOOL, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, SMARTSCHOOL, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Service
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify SmartSchool and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
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 SmartSchool’s website (smartschool.co.ke/terms). We’ll post notice of modified additional terms of the applicable Service to your contact provided during registration. 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.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between SmartSchool and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Kenya will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the courts of law, Kenya, and you and SmartSchool consent to jurisdiction in those courts.