These Terms of Use (“Terms”) govern your use of this website at www.aemotutors.com (“Website”) operated by AEMO CONSULT (hereinafter referred to as “AEMO CONSULT” “Aemo tutors”, “Us”, “We”, or “Our”).
Please read these Terms before using or continuing to use this website. By using or continuing to use the website, you acknowledge and represent that you understand, agree and accept all terms and conditions contained in these Terms and agree to comply and be bound by same.
If you do not agree to this Terms, please do not continue to use or access the website.
General Terms
AEMO CONSULT provides this website to users, parents, guardians, individuals, students, companies, schools, firms and businesses, or their ward, members, staff, or any other person or entity they severally represent, seeking tutoring services (“Clients”) and to individuals, teachers, professionals, expatriate or any other person or entity they severally represent, seeking to provide tutoring services (“Tutors”). The term “you” or “You” or “User” or “Users” shall refer to Clients, Tutors or any person or entity who views, uses, accesses, browses or submits any data and material to the website. These Terms are entered into between AEMO CONSULT and you, and you accept them by: (a) contracting for tutoring lessons through the website; (b) using this website to seek to provide tutoring services.
The Website
To the extent that anything on or associated with the website is in conflict or inconsistent with these Terms, the Terms shall prevail. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, such provision will be replaced with a new provision that reflects and accomplishes our original business purpose, such new provision to immediately become effective, and the other provisions of the Terms, not replaced will remain in full force and effect.
Services
AEMO CONSULT controls and operates the website and makes no representation that the Platform is appropriate or available for use in all locations. Thus, our services may not be available in your location, and available services may vary among locations.
PLEASE TAKE NOTE THAT “All Tutoring Sessions should be supervised by a Responsible Adult”.
Your Obligations and Conduct
In consideration of your use of the website, you agree: (a) that you are of legal age and have capacity to agree to these Terms or that you continue to use and access this website under the supervision of someone who has the capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website (“Registration Data”); (c) to maintain the security of your identification; (d) to maintain and promptly update the Registration Data and any information you provide to AEMO CONSULT, to keep it accurate, current and complete; and (d) to give us a period of two (2) months from the date it issues a public notice of any data breach or potential data breach to rectify such breach or potential breach. (e) that AEMO CONSULT cannot validate the age of every individual that accesses the website thus cannot discover where a User is under the age of 13. You are not permitted to use the website or the services or submit content on the website if you are under the age of 13, except under the supervision of an adult.
By using this website, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the website:
(a) you have and will at all times comply with all laws and regulations;
(b) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of terms and conditions in these Terms of Use and where you act on behalf of a minor or an organization, that you do so in good faith and have been so authorized, respectively;
(c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and
(d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including but not limited to sexual, child abuse or domestic violence offenses.
If there has been any accusation or complaint whether or not it proceeded to trial, kindly inform us before continuing to use the website or any of the services associated thereon. You agree and grant us the right and authority to commence any action against you, or to immediately terminate your access to use any of the Services without given you any notice, pending its determination to allow you use the website or not. You are also responsible for ensuring that all persons who access the website through your internet connections and/or device are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
You hereby authorize AEMO CONSULT to verify the above representations by you and you acknowledge and agree that AEMO CONSULT shall have the right, but not the obligation, to verify such representations. You agree and understand that such verification may include, without limitation, conducting criminal background checks, address verification checks, sex offender registry checks, motor vehicle records checks, identification verifications and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that we may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the website or any of the services, should it determine that you have violated any representation or warranty. You further agree that we are not obligated to communicate our decision to you within any timeframe.
Third-party reports
AEMO CONSULT may utilize third-party consumer reporting agencies that perform, among other things, criminal background checks, address verification checks, sex offender registry checks, and identification verifications. AEMO CONSULT does not endorse or make any representations or warranties regarding the reliability of any User or the accuracy, timeliness or completeness of any information provided by any User. AEMO CONSULT does not independently verify information of any User beyond the supporting documents or information provided by the User.
You hereby consent to us collecting and using your information from third-party reports. You further consent that we disclose the information in the third-party Report upon a court order or government directive, or to an affiliate company or to a third-party (provided the confidentiality of such information by the third-party is guaranteed). You understand and agree that we may, in our sole discretion, review and rely on the information in third-party Reports in deciding whether to investigate a complaint about a User, but that we shall not be responsible or liable in any way in the event that any information in the Third-party Reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of Third-party reports may contact the agency or organization we engaged for the purpose to dispute the accuracy, timeliness or completeness of such information.
Limitation of liability
You understand and agree that we have no control over the acts or omissions of any User and that we makes no warranties about the quality of the services provided by any User (e.g tutors, professionals, expatriate etc). You understand and agree that we are not responsible for the performance or conduct, either online or offline, of any User of the website. As such, we expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the website including without limitation any acts and/or omissions of Users on or off the website.
You understand and agree that AEMO CONSULT has no control over the acts or omissions of any User on or off the website and that we makes no warranties about the quality of the services provided by any User. you understand and agree that we are not responsible for the performance or conduct, whether on or off the website, of any User, as such, we expressly disclaims, and each User expressly releases AEMO CONSULT from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to our website and services.
To the full extent permitted by law, AEMO CONSULT is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including without limitation loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the website and our services, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to:
(a) the use of or the inability to use the website;
(b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from our website;
(c) statements or conduct of any third party on the website, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or
(d) information Users may download, use, modify, or distribute. these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. You and Aemo tutors agree that the warranty disclaimers and limitations of liability in these Terms are material, bargained-for the basis of this Terms, and that they have been taken into account in determining the consideration to be given by each Party in this Terms. You and Aemo tutors agree that the warranty disclaimers and limitations of liability in these terms of use are fair and reasonable.
If you are dissatisfied with the website and/or our services or do not agree to any provisions of these terms of use, your sole and exclusive remedy is to discontinue using the website and our service.
Indemnification
You agree to indemnify and hold harmless AEMO CONSULT and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by AEMO CONSULT in any way related to your
(a) use, misuse, acts and/or omissions on or off the website;
(b) violation of any applicable regulation or violation of any rights of other Users’, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the website or our services;
(c) breach of these Terms of use and disputes with or between other Users;
(d) misstatements, misrepresentations and inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration and profile ;
(e) use of links to third party platforms, including without limitation such platforms’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services;
(f) User information and any acts or omissions with respect to such User information;
(g) use of phone support services or any information in third-party reports;
(g) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the our website. You further agree that you will cooperate as we request in the defense of such claims. We reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on our behalf without our written consent.
Confidentiality of AEMO TUTORS information
You may obtain direct access via the website to certain confidential information of AEMO CONSULT and its affiliates and subsidiaries, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential
(“Confidential Information”). You understand and agree that such information need not have been marked confidential or expressly stated as confidential before it is deemed confidential. You irrevocably covenant and warrant to hold Confidential Information in strict confidence and utmost integrity. All right, title and interest in the Confidential Information remains with AEMO CONSULT and/or its affiliates and subsidiaries.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence that:
(a) you possessed prior to your receipt from AEMO CONSULT, without an obligation to maintain its confidentiality or through no breach of your confidentiality obligations;
(b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of this Terms;
(c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential;
(d) you independently developed without the use of Confidential Information and without the participation of other Users who have had access to it, or
(e) is in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish your rights under these Terms and as disclosed after prior notice to AEMO CONSULT to us afford the adequate opportunity to object to the disclosure.
Intellectual property rights
AEMO CONSULT grants you permission, which may be revoked at any time for any reason or no reason, to use the website for the services as provided herein and in accordance with these Terms of Use and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove, alter or tamper with in any manner whatsoever, any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by us in writing, you may not deep-link to the website for any purpose or access the website manually or through any other means to scrape, copy, or monitor any portion of the website or any information, content, or material on the website. AEMO CONSULT reserves all of its statutory and common law rights, including any right as it may vest in itself by virtue of any memo, guidelines or regulations as it may release from time to time, against any person or entity who violates this paragraph. You may not link or frame to any pages of the website or any content contained therein, whether in whole or in part, without our prior written consent. Any rights not expressly granted herein are reserved.
“AEMO CONSULT and Aemo tutors Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations we uses in connection with our products and services. You may not remove or alter any of our Trademarks, or co-brand your own products or material with our Trademarks, without our prior written consent. You acknowledge Aemo tutor’s rights in AEMO CONSULT Trademarks and agree that any use of Aemo tutors Trademarks by you shall inure to AEMO CONSULT’s sole benefit. You agree not to incorporate any Aemo tutors or AEMO CONSULT’s Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein or expressly agreed in writing by AEMO CONSULT, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download content owned by Aemo tutors on this Platform provided that:
(a) the copyright notice pertaining to the content remains, and a permission notice (e.g., “used with permission”) is added to such content;
(b) the use of such content is solely for personal and non-commercial use;
(c) such content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and
(d) no modifications are made to such content. This permission terminates automatically without notice if you breach any of the terms or conditions stated in this document
Academic Honesty
You acknowledge and agree that Aemo tutor’s services are provided for the purpose of facilitating learning, and that the services shall not in any way be used for the purpose of cheating or other fraudulent activities.
You agree not to hire Tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf.
You agree not to use Aemo tutor’s services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace, other educational institutions or place of learning. Similarly, parents and/or guardians agree not to facilitate the use of Aemo tutor’s services on behalf of their children or ward for any purpose that violates the academic honesty policy or other conduct policies of their children’s or ward’s school, university, academic institution or other place of learning.
Terms of Transacting Business
You understand and agree that you are willing to pay all costs associated with the Services. These costs include but are not limited to Tutor’s rate, cancellation fees and booking fees (where applicable) related to each booking for the online class on the website.
Advertisements and promotions
We may run advertisements and promotions from third parties or affiliated parties on the website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than AEMO CONSULT, found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Content provided via links
You may find links to other platforms or resources on the website. You acknowledge and agree that we are not responsible for the availability of such external platforms or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such platforms or resources. AEMO CONSULT will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Platform or resource. You further acknowledge and agree that we are not responsible for the protection of personal data submitted to such external platforms and we shall not be liable for any breach of personal data that may occur by virtue of your use of such external platform. You agree to exclude us from any claim, damage or action that may arise from any of the above.
Disclaimer of Warranties
You understand and agree that your use of this website is at your sole risk. The website, including the information, services, and content, is provided on an “as is”, “as available”, and “with all faults” basis. Aemo tutors disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. We makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the website.
AEMO CONSULT makes no warranty or representations that:
(a) the website will be uninterrupted, timely, secure, or error-free;
(b) the results that may be obtained from the use of the website will be accurate or reliable;
(c) the quality of any products, services, information, or other material purchased or obtained from tutors will meet your expectations or requirements; or
(d) any errors in the website will be corrected.
You hereby acknowledge that the data and any materials provided or licensed hereunder are provided without warranties or representations, and Aemo tutors shall not accept any liability in connection with their use, storage and disposal by you. Except as expressly set forth in this Terms, AEMO CONSULT makes no representation or warranty to you of any kind, express or implied, including any warranty of non-infringement, merchantability or fitness for a particular purpose or that any technology will be free from infringement of patents or proprietary rights of third parties, or that no third parties are in any way infringing patent rights. Without limiting the generality of the foregoing, you understand and acknowledge that no representation or warranty is made regarding the utility of any information, materials or technology licensed hereunder.
Assumption of risk
You agree and understand that you assume all risks when using the website to the extent provided in this Terms. You agree to take all necessary precautions when interacting with other Users whether online or offline.
Dispute Resolution
You covenant that if any controversy, claim or dispute arises which relates in any way to the interpretation, or enforcement of any term of this Terms, or any breach thereof, or concerns any other matter in connection with this Terms, you and AEMO CONSULT shall use your best endeavors to settle amicably in good faith any dispute or difference between you arising from or in connection with this Terms through mutual discussion.
If you are unable to settle the dispute as indicated above within sixty (60) days, the dispute shall be referred to mediation by the legal representative of either of you. Mediation shall be conducted at and in line with the Rules of the Lagos State Multi-Door Court House (LMDC).
This clause shall survive the termination of this Terms and shall accordingly apply at all times to disputes and differences of opinion arising between you hereto concerning this Agreement or any matter there under.
This Clause shall not preclude us from obtaining interim relief from a court of competent jurisdiction. Where mediation fails, the dispute shall be referred to a court of competent jurisdiction for resolution.
Injunction
You agree that any material breach of the Terms will result in irreparable harm to AEMO CONSULT for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, AEMO CONSULT will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if we seeks such an injunction.
Notices; modification, suspension and termination of services; amendment of terms
AEMO CONSULT may provide notice to Users via email, phone number, social media, regular mail, or posting notices or links to notices on the website. We reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. We may also delete, or bar access to or use of, all related information and files. We will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. We may amend these Terms at any time by posting the amended terms on this website.
Governing law
This Policy shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
Entire agreement
These Terms constitute the entire agreement between you and AEMO CONSULT relating to this subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use this website or third-party products or services.