1. Definitions
In these Terms and Conditions:
- "Platform" refers to the Elimu Pepe website, applications, and associated services.
- "User", "you", or "your" refers to any person accessing or using the Platform, whether as an individual, student, parent, educator, or institutional partner.
- "We", "us", or "Elimu Pepe" refers to Elimu Pepe and its affiliates.
- "B2B User" means an organization, school, or business entity using the platform under a commercial license.
- "Personal Data" means any information relating to an identified or identifiable natural person.
2. Introduction
Welcome to Elimu Pepe. These Terms and Conditions ("Terms") govern your use of the Elimu Pepe platform and services.
By accessing or using this Platform, you agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.
3. Acceptance of Terms
By creating an account or accessing the platform, you signify your acceptance of these Terms and our Privacy Policy. If you disagree with any part of the Terms, do not use the service.
4. Modification of Terms
We reserve the right to update or modify these Terms at any time. If we make material changes, we will notify you via email, app notification, or a notice on our site.
Your continued use of the platform after such changes signifies your acceptance of the revised Terms.
5. Account Registration
To access certain features, you may need to register an account. You agree to:
- Provide accurate and complete information
- Keep your credentials secure
- Notify us of any unauthorized account use
Important: We are not liable for any loss resulting from your failure to protect your account.
6. User Conduct
You agree to use the Platform legally and respectfully. You must not:
- Violate any applicable laws
- Harass, threaten, or abuse others
- Distribute harmful code
- Infringe on intellectual property
- Attempt unauthorized access to the system or others' accounts
7. Intellectual Property
All platform content—including text, graphics, software, and media—is owned by Elimu Pepe or its licensors.
You may not copy, reproduce, or modify any content without prior written consent.
8. Privacy
Your data is handled according to our Privacy Policy.
We comply with the Kenya Data Protection Act (2019) and, where applicable, the EU General Data Protection Regulation (GDPR).
We ensure:
- Your data is processed lawfully and transparently
- You have rights to access, rectify, delete, or object to your data being processed
- We only retain personal data as long as necessary
9. Cookie Use
We use cookies and similar technologies to improve user experience, analyze usage, and deliver personalized content.
By using the platform, you consent to our use of cookies as outlined in our Privacy Policy. You can manage cookie settings in your browser.
10. Account Deletion
You may request deletion of your account and personal data by contacting [email protected]
We will:
- Respond to deletion requests within 30 days
- Remove all personal data unless retention is required by law
- Provide a copy of your data on request (data portability)
11. Termination
We may suspend or terminate your account at our sole discretion for violations of these Terms.
Upon termination:
- Your access ceases immediately
- We may delete your associated data unless otherwise required by law
12. Disclaimer of Warranties
The service is provided "as is" and "as available" without warranties of any kind.
We do not guarantee uninterrupted or error-free service.
13. Limitation of Liability
To the fullest extent permitted by law, Elimu Pepe shall not be liable for:
- Indirect or consequential damages
- Loss of profits, data, or goodwill
- Damages resulting from unauthorized access or third-party actions
14. Third-Party Links and Services
Our platform may contain links to third-party sites. We are not responsible for their content, security, or practices. Use third-party services at your own risk.
15. Governing Law
These Terms are governed by the laws of Kenya.
Any disputes will be resolved under the exclusive jurisdiction of Kenyan courts.
Where appropriate, alternative dispute resolution methods such as mediation or arbitration may also be applied prior to or instead of court proceedings.
16. Indemnification
You agree to indemnify and hold harmless Elimu Pepe and its affiliates from any claims arising from:
- Your use of the platform
- Your violation of these Terms or any third-party rights
17. Severability
If any provision of these Terms is found unenforceable, the rest shall remain in full effect.
18. Entire Agreement
These Terms, our Privacy Policy, and any other notices constitute the entire agreement between you and Elimu Pepe.
A. Additional Clauses for B2B Users
19. B2B Accounts and Licenses
If you represent a business or institution, you warrant authority to bind your organization to these Terms.
Separate contractual terms may apply.
20. License Restrictions for Institutions
Unless otherwise agreed in writing, institutions may not:
- Sub-license or resell access
- Use for unauthorized commercial purposes
- Exceed user capacity agreed in their license
21. Service-Level Agreements (SLAs)
Custom SLAs (support, uptime, onboarding) may apply to institutional clients under a separate agreement.
22. Data Processing and Confidentiality
For B2B partners, Elimu Pepe may act as a data processor. We will:
- Only process data on documented instructions
- Use appropriate security safeguards
- Sign separate Data Processing Agreements (DPAs) where required (e.g., under GDPR)
B. Additional Clauses for Underage Learners / Parents
23. Eligibility and Parental Consent
Elimu Pepe is designed for K–12 learners, all of whom are considered minors under applicable law.
Important: Verifiable consent from a parent or legal guardian is required before a child may register for or access the platform.
Use of the platform by minors without such consent is strictly prohibited.
24. Parental Responsibility
Parents/guardians are responsible for:
- Monitoring their child's use of the platform
- Ensuring compliance with these Terms
We may request proof of consent when needed.
25. Child Data Protection
We take extra care in processing minors' data.
Data will be collected, stored, and used in line with:
- Kenya's Data Protection Act, 2019
- GDPR (where applicable)
- Our internal child safety and privacy practices
26. Contact Information
If you have any questions, feedback, or requests regarding these Terms or your personal data, contact us at:
Email: [email protected]