Terms & Conditions: Downloads

The below relate to the purchase of a digital licence, for downloadable versions of the following products:

• The schools’ Brochures
• Our Fee Structure
• The schools’ Calender
• Our Timetable
• The Schools’ Magazines
The above are defined as ‘digital downloads’
1 Introduction
1.1 Access to and use by you of the above digital downloads is subject to these Terms and Conditions.
1.2 The ordering of the above digital downloads constitutes your acceptance of these Terms and Conditions that take effect at the time of your order.
1.3 Please read these Terms and Conditions carefully. By purchasing a digital download(s) you are accepting that you agree with these Terms and Conditions.
1.4 Kisumu Education Society Ltd reserves the right to change these Terms and Conditions at any time. You are responsible for checking the Kisumu Education Society website (www.kisumueducationsociety.ac.ke) to obtain notice of any such changes. Continued use by you of the digital downloads following any such changes constitutes your acceptance of these Terms and Conditions as amended by the posted changes.
1.5 If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
1.6 These Terms and Conditions shall be governed by and construed in accordance with Kenyan law and the Kenyan courts shall have exclusive jurisdiction for hearing any dispute arising under these Terms and Conditions.
1.7 The failure of Kisumu Education Society Ltd to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
1.8 The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
1.9 For the purposes of these Terms and Conditions, a licenced user is defined as the person in charge of the school’s licence, the person placing the order (Executive Headteacher, Headteacher, School Business Manager or similar). A sub user is defined as any member of staff employed and working wholly within the licensed school.
2 Access to licensed Digital Downloads
2.1 Whilst Kisumu Education Society Ltd endeavours to ensure that the Digital Downloads are available 24 hours a day, Kisumu Education Society Ltd will not be liable if for any reason they are unavailable at any time or for any period. Kisumu Education Society Ltd does not guarantee the functions contained in the downloads will be uninterrupted or error-free, that this will be free of viruses or other harmful components, or that this cannot be tampered with by third parties.
2.2 Access to this the digital downloads may be suspended temporarily, without notice. Kisumu Education Society Ltd shall not be liable to the user or any third party for the suspension of the licence.
3 Information and Links on the Digital Downloads
3.1 Whilst Kisumu Education Society Ltd endeavours to ensure that the information on our digital downloads is correct, no warranty, express or implied, is given as to its accuracy and Kisumu Education Society Ltd does not accept any liability for error or omission.
3.2 These downloads may from time to time contain links to third party websites which are controlled and operated by parties other than Kisumu Education Society Ltd. Kisumu Education Society Ltd is not responsible for the contents of any linked sites. Access by you to a linked portal is at your own risk. Third parties are responsible for ensuring that materials submitted for inclusion on this portal comply with national and foreign law. We cannot guarantee the accuracy or compliance of this material and expressly disclaim any responsibility for error, omission or inaccuracy in the material.
3.3 The inclusion of any link to a third party site or of advertising of third party goods or services on our downloads does not imply any endorsement by Kisumu Education Society Ltd of the linked websites or of any advertised goods or services.
3.4 We welcome the reporting of any errors found in our Digital Downloads or information relating to products and services. Please get in touch using the Contact Us form.
4 Limitation and Exclusion of Kisumu Education Society Ltd.’s Liability
4.1 Kisumu Education Society Ltd shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use our Digital Downloads, or any material contained in it, or from any action or decision taken as a result of using our downloads or any such material.
4.2 Nothing in these Terms and Conditions shall limit Kisumu Education Society Ltd’s liability for death or personal injury caused by its negligence. These Terms and Conditions do not affect or prejudice your statutory rights.
4.3 Kisumu Education Society Ltd’s entire liability to you in contract, tort (including negligence) or otherwise in relation to this portal shall be limited to Ksh 100 for any one incident or series of related incidents.
4.4 Save as expressly set out in these Terms and Conditions all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, are excluded to the fullest extent permitted by law.
4.5 Users of any Kisumu Education Society Ltd product purchased from Kisumu Education Society Ltd are solely responsible for their own safety, both physical and digital.
5 Use by you of our Digital Downloads
5.1 You must use our Digital Downloads in a lawful manner consistent with all applicable laws and regulations.
5.2 You must not use our Digital Downloads or any connected service to:
5.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, defamatory, obscene, or which breaches any other person’s intellectual property rights;
5.2.2 to send unsolicited emails or messages or to collect or store personal data about other users of the digital downloads without their consent or for any other purpose in breach of the Data Protection Act 1998;
5.2.3 to carry out any activities to obtain lists of users;
5.2.4 to use or transmit through our Digital Downloads any material that contains viruses or use any software designed to interrupt the functionality of any computer software or hardware or this portal;
5.3 You agree to indemnify Kisumu Education Society Ltd and hold Kisumu Education Society Ltd harmless against any claims, and reasonable costs or expenses resulting from your use of our digital downloads or related services in breach of clause 5.
5.4 Use by you of Digital Downloads in breach of this clause 5 entitles Kisumu Education Society Ltd to terminate immediately your licence to use our Digital Downloads.
6 Proprietary Rights
6.1 You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in our Digital Downloads, including but not limited to text, software (including applets), music, sound, photographs, graphics, video, page layout, are protected by copyrights, trade marks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only on the bases expressly set out below and any use such as but not limited to: copying, reproducing, transmitting, distributing, or creating derivative works of such content or information is prohibited without the prior express written authorisation of Kisumu Education Society Ltd.
6.2 You acknowledge that the copyright, design right and all other intellectual property rights in any product purchased from Kisumu Education Society Ltd and any other documents or items prepared or produced in relation to the Kisumu Education Society Ltd belong to us absolutely. The names, images and logos identifying Kisumu Education Society Ltd are propriety marks of Kisumu Education Society Ltd.
6.3 You are permitted to print and use our Digital Downloads only on the following bases:
6.3.1 use of documents and related graphics contained within the downloads, the downloads themselves are for personal non-commercial use within the licensed school only;
6.3.2 any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use within the licensed school only;
6.3.3 no part of the content contained within our Digital Downloads may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Kisumu Education Society Ltd’s prior written permission.
6.4 The copying, reproducing, transmitting, distributing, or creating of derivative works of the content or information contained in this portal or from resources downloaded or created from our Digital Downloads are prohibited without the prior express written authorisation of Kisumu Education Society Ltd.
6.5 Any rights not expressly granted in these Terms and Conditions are reserved to Kisumu Education Society Ltd.
7 Terms of Sale
7.1 Refunds and cancellations
7.1.1 All purchases of Digital Downloads are final. You cannot cancel your purchase of a Digital Download(S) once delivery has started, including via download or by us making it available to you attached to an email or via the cloud. By placing an order to purchase a Digital Download, you acknowledge and agree to this. We do not accept returns of Digital Downloads, except as required by law or unless indicated otherwise on the Digital download page. Once you purchase a Digital Download we make it available to you within 2 working days, you are responsible for downloading (if applicable) and confirming your ability to access downloads, including retrieving the licence key for the downloads if applicable, and bear all risk of loss after downloading the Digital Download or retrieving the licence key, including any loss due to a computer or hard drive malfunction. If you are unable to complete a download or access a digital download, please contact Kisumu Education Society for assistance.
7.1.2 Where we are unable to fulfil the licence for the download you have ordered, we will issue you with a refund within 7 days of your order, by crediting the card with which you paid for your order.
7.2 Authorisation
7.2.1 By purchasing a licence, by whatever means, you are acknowledging that you have received authorisation for this expenditure from the relevant person at your institution.
7.3 Legal interpretation
7.3.1 The materials provided by Kisumu Education Society Ltd cannot be relied upon for legal interpretation. Neither Kisumu Education Society Ltd nor its employees, trainers or consultants can accept responsibility for the actions of a licenced or sub users, or those of other people using School CPD Tracker in litigation, or responsibility for any loss incurred as a result of relying on the digital downloads.
8 Privacy Policy, Security and Data Protection Policy
8.1 Kisumu Education Society Ltd conforms to the Kenyan Data Protection Act 1998.
8.2 We use the personal information we collect solely to administer your digital download
8.3 When you provide personally identifiable information to Kisumu Education Society Ltd, we may use it to provide you with ongoing information about Kisumu Education Society Ltd’s products and services. Kisumu Education Society Ltd will not rent, sell or lease this personally identifiable information to other companies or individuals. You have a right to access, rectify, modify and delete any data referring to you. In order to exercise this right please contact us immediately.
8.4 We follow strict security procedures in the storage and disclosure of information that you have supplied to us. Kisumu Education Society Ltd is committed to protecting and respecting your privacy. We do not sell, trade, or rent your personal information to others. We do not share our mailing lists with any third parties, including advertisers or partners.
8.5 In common with most organisations, we share aggregate information about our users with our business partners and other third parties. This information shows user activity as a whole rather than on an individual basis and cannot be used to individually identify you.
8.6 Kisumu Education Society Ltd is aware that privacy and security concerns are a major issue for you when purchasing online. Kisumu Education Society Ltd takes every effort to ensure the credit card information you transmit to Kisumu Education Society Ltd is kept both secure and strictly confidential, but unfortunately the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; and transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
8.7: We do not store credit card details nor do we share customer details with any 3rd parties
9 Currency and Export Restrictions
9.1 All orders processed will be conducted using KES.
10 Your Licence
10.1 By purchasing a Digital Download, use are buying a license from Kisumu Education Society allowing you to access and use the Digital Download in your school, for a period of 12 months. On purchasing a download you authorize us to charge your credit card or invoice your school for the advertised license fee immediately. At the end of your 12 month licence period, your license will automatically renew, unless you inform us with 30 day’s notice that you would like to cancel your licence.
10.2 On termination of the licence for any reason, Kisumu Education Society reserve the right to withdraw all rights granted under the licence and the you shall discontinue the use of all material relating to the digital download across the whole organisation.
11 Registration
11.1 Only members of staff working in a school who have purchased a licence, may use and access the digital downloads.
By accessing and using our digital downloads , you agree that:
(i) you will not do anything which would assist anyone who is not employed by a licensed school to gain access to the digital downloads; and
(iii) you will seek to modify the downloads; nor will you seek to pass off the content as your own.
You agree to notify us immediately if you become aware of any unauthorised use of the digital downloads licensed to your school or organisation.
If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your license immediately and without prior notice.
We may terminate your license, at our sole discretion, by emailing you at the address you provided during your initial order, stating that the agreement has terminated.
12 Reasonableness
By using our digital download, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable. If you do not think they are reasonable, you must not use the downloads.
Kisumu Education Society is committed to providing high-quality services to our clients at all times. If something goes not to plan, we will act quickly to resolve the situation.
If you would like to make any comments, suggestions, raise a query or make a complaint about the service you have received, please contact us, our contact details are set out below. We will respond to your query within 3 working days.
This policy will be kept up to date, to reflect changes in the nature and size of the business. To ensure this, the policy and its effectiveness will be reviewed annually.
All of our consultants will be informed of our customer service standards and will exhibit:
• at all times customer friendly service skills;
• outstanding knowledge in the service provided;
• professionalism at all times;
• courtesy in meeting the needs of our customers.
We at Kisumu Education Society will return all phone calls and e-mails received within agreed timescales. Where we are unable to meet this agreement we will inform you of this as soon as possible and agree a new deadline.
As part of our commitment to upholding professional standards, we will review our policies annually to ensure that they continue to meet business needs. We will make sure that the policy will be applied consistently to all our customers.
We of course hope you are completely happy with our service, but if something does go wrong, we would like to know about it, so that we can put things right and ensure it does not happen again.
Kisumu Education Society Limited seeks fair, just and prompt solutions where possible to any complaints and appeals. All such issues should be directed to the office, where they will be acknowledged and directed to the attention of the appropriate person. The issue will be investigated and responded to within 3 working days. Where we are unable to meet this agreement we will inform you of this as soon as possible and agree a new deadline.
You can contact us as follows:
Telephone: 0734222220 / 0713777367
Fax: 01206 625627
E-mail: adminoffice@kisumueducationsociety.ac.ke
Post: Kisumu Education Society, Along Olang Road, P.O. Box 723-40100 Kisumu, Kenya.