Terms and Conditions

The Destiny Trust’s Kids Innovation Africa Terms and Conditions

Introduction

Welcome to Kids Innovation Africa! The Kids Innovation Africa is provided by The Destiny Trust Children Foundation (“The Destiny Trust” or “TDT”), an entity registered under the Laws of the Federal Republic of Nigeria.

These Terms and Conditions and our Privacy Policy govern your use of this website. As used in these Terms and Conditions, "our service", or "the service" means the service provided on our site www.kidsinnovation.africa (the “Platform”), including all features and functionalities, website, applications, and user interfaces, as well as software associated with the Service.

By using the Platform, you are deemed to have read and agreed to the Terms and Conditions as may be reviewed from time to time. You agree to only use our platform in a manner that complies with all applicable laws and regulations and is consistent with these terms and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of our sites (including, without limitation, by hacking). We reserve the right in our sole discretion to deny any user access to any of our websites without prior notice.

The following words used in this Terms and Conditions, Privacy Policy, and any or all Agreements shall have the following meaning: "You", "Your" and “Participant” refers to you, the person using our services and accepting these Terms and Conditions. "The Destiny Trust", “TDT”, "Ourselves", “Our”, "We", and "Us", refers to The Destiny Trust. "Party", and "Parties" refer to both the user and our organization, or either the user or our organization. These terms apply to the entire contents of our website and any correspondence between you and us.

Please carefully review these terms and conditions before using the platform or accessing any data here. Any use of this website creates a binding agreement to comply with these terms and conditions. If you do not agree to these terms without limitation or exclusions, you must exit this site immediately.

Also, note that the headings of each section in these Terms and Condition are only for the purpose of organizing the various provisions under these Terms in an orderly manner. These headings shall not be used to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.

Acceptance Of Terms

By signing up for our services, you accept and agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not want to agree to these Terms and/or the Privacy Policy, you must not sign up on the Platform. If you are acting on behalf of a minor, the minor is also bound by these Terms. You are, therefore, advised to read these Terms carefully, as your use, access, or browsing of the Platform, through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same.

When using services offered through TDT’s third-party service providers, such as email, you will be subject to Terms posted by these third-party service providers. Registration on the Platform signifies Your agreement to those additional Terms.

Eligibility

The Platform is intended for users aged 7 to 18 years old (“Permitted Age Range”). By using the Platform, you represent and warrant that you fall within the Permitted Age Range. If you are under 7 or over 18 years old, you must not use the Platform.

If you are under 18 years old, You must obtain parental consent before using this Platform. By signing up on this Platform, you warrant that You have obtained such permission. We reserve the right to terminate or restrict access to the Platform if we have reason to believe that You do not meet the eligibility criteria.

User’s Conduct

A User shall use the Platform for lawful purposes only. Accordingly, a User shall not post, send, or transmit any material that violates or infringes in any way upon the rights of others or perform any act that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conducts that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Any conduct by a User that, at Our sole discretion, restricts or inhibits any other User from using or enjoying the Platform is prohibited. Accordingly, no User shall use this application to advertise or perform any commercial solicitation.

Note that We reserve the right to immediately deny you access to the Platform or any portion thereof without notice for the following reasons:

• any unauthorized access or use by you
• if You assign or transfer (or attempt the assignment or transfer of any rights granted to You under this Agreement
• upon a report of Your violation of this Agreement or any other policy accessible on Our platforms

Use Of Services

Your use of the Platform and our services is solely for your personal and non-commercial use. Any use of the Platform, services or their contents other than for personal purposes is prohibited. The following restrictions apply to your personal and non-commercial use of our Platform, services, or products:

• Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of the owner.
• Upload files that contain viruses, malware, worms, corrupted files, or any other similar software or programs that may damage the operation of our systems.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices indicating the moral intellectual property right of another, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded to Our Platform.
• Use deep links, page-scrape, robots, spiders, or other automatic devices, programs, algorithms or methodology, or any similar or equivalent manual process, to increase traffic to the Platform, to access, acquire, copy, or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the website.
• Access the Platform using any interface other than ours, including by making any automated use of the Platform such as using scripts to interact with the Platform;
• Maintain any link on the Platform that we ask you to remove, at our sole discretion;
• Frame or make the Platform via in-line or “deep” links, otherwise, display the Platform in connection with an unauthorized logo or mark or do anything that could falsely suggest a relationship between The Destiny Trust or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
• Restrict or inhibit any other User from using and enjoying the Platform.
• Violate any code of conduct or other guidelines, which may be applicable to any particular Service.
• Violate any applicable laws or regulations.
• Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Users of the Platform or other User or usage information or any portion thereof.
• Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
• Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise, objectionable;
• Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
• Transmit files that contain viruses, spyware, adware, or other harmful code;
• Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email through a Service or linking to a Service);
• Disassemble, decompile, or otherwise reverse engineer any software or other technology included in or used to provide the Platform;
• Transmit, collect, or access personally identifiable information about other users without the consent of those users and The Destiny Trust;
• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
• Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Platform, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with the Platform;
• Access any portion of the Platform that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user's account or information, or allow anyone else to use your account or access credentials; or
• Manipulate the entry or registration process for contests, sweepstakes, surveys, opinion polls, or other features of the Platform.

We reserve the right to review posts, feedback, and updates posted to the Platform by any User and to remove any materials that are posted for a prohibited purpose, as well as suspend that User.

If we believe you have violated this section, We reserve the right to immediately terminate your access to the Platform and take any other actions or seek any remedies permitted by law.

Intellectual Property and Right of Use

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the services provided by this Platform (the “Intellectual Property Rights”) shall, vest in The Destiny Trust.

The content of this Platform includes but is not limited to computer programs, technology, data file, techniques, algorithms, methods, codes, logos, marks, trade secrets, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, are protected as a collective work or compilation under Nigerian copyright and other relevant conventions and treaties. All individual content, modules, articles, and other elements, including all software available on this Platform or used to create and operate this Platform, is and remains the property of The Destiny Trust, excluding third-party materials used to create content on our Platform.

All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on this Platform are the property of their respective owners. A User may only use such marks with the prior written consent of the owner.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation of it by The Destiny Trust.

You agree to abide by all applicable copyright laws, as well as any additional copyright notices or restrictions contained on this Platform. You acknowledge that this Platform is developed, compiled, prepared, revised, selected, and arranged by The Destiny Trust and its partners and constitutes their intellectual property. You agree to protect the proprietary rights of The Destiny Trust and all others having rights in this Platform during and after the term of these Terms and to comply with all reasonable written requests made by The Destiny Trust or its suppliers and licensors of contents (“Affiliates”).

In a bid to protect your copyright as well as the copyright of other Users, you agree to notify Us in writing promptly upon becoming aware of any unauthorized access or use of this Platform by any individual or entity.

All present and future rights in and title to this Platform (including the right to exploit this Platform and any portions of it over any present or future technology) are reserved to The Destiny Trust for its exclusive use. Except as specifically permitted by these Terms, you may not copy or make any use of this Platform or any portion of it, without prior written approval from The Destiny Trust.

You shall not upload, post or otherwise make available on this Platform, any content protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By providing any material to this Platform, You automatically grant or warrant that the owner of such material has expressly granted You a royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or to be developed in the future for the full term of any copyright that may exist in such material.

General Assignment

By using the Platform, You irrevocably and unconditionally assign, to the extent legally possible, to us the non-exclusive, perpetual, factual, local and temporally unlimited, transferable, and sublicensable right to use any submissions or contribution to the Platform i.e. the title, the description and interest of whatsoever nature they may have in the material uploaded on the Platform (hereinafter referred to as "Material"), including, but not limited to, rights relating to patentable inventions. The right of use refers to all currently known and unknown types of use. It includes in particular:

• the storage of the contents,
• their duplication, processing, publication and distribution as well as making them accessible to the public by displaying them in the Platform (or parts thereof) and making them accessible to the public by displaying them on the websites, on social media, and similar platforms,
• the processing and duplication, as far as this is necessary for the reproach and/or publication of the respective contents,
• By uploading content, You also agree that your contributions may be shared, linked, embedded and/or commented on by others.
• By uploading content, the You guarantees that he/she owns all rights (in particular copyrights) required for this use and for the granting of rights in accordance with these Terms and Conditions, no rights of third parties (intellectual property rights, industrial property rights, copyrights, trademark rights, patent rights, industrial property rights, trade secrets, data protection, personal rights) exist, which prevent the aforementioned use of the materials and that no further licenses, authorizations, consents or payments in connection with intellectual property rights of third parties (including payments to collecting societies) are required so that we can use the materials as intended.

By providing any material to this Platform, You warrant that have or have been expressly granted a royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or to be developed in the future for the full term of any copyright that may exist in such material by the owner of such material.

You shall indemnify us and our partners without limitation against all claims, demands, costs, burdens, losses, demands, and expenses arising from the infringement or alleged infringement of the rights of third parties.

This right of use includes all types of use, for example, the right to copy, make available, publish, and distribute the material via any medium, whether in physical or non-physical form, to exploit, translate, transform and/or modify it. This right of use also includes the right to use the material online in all communication networks (Internet etc.) or in fixed and mobile networks as well as in terminal devices.

By making a contribution to the Platform, You acknowledge and agree that we or our partners may create on our own or obtain many submissions that may be similar or identical to the Materials You submit on the Platform. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that submissions accepted, reviewed and/or used by us or partners may be similar to his or her Materials.

Consent to the Publication / Data Protection

Persons who post contributions to the Platform agree that:

• We may use the materials for PR purposes, including but not limited to advertising.
• The materials are published on the Internet and are available to an unlimited number of users.
• You waive your rights or payment in connection with the described handling.
• TDT will only use personal data of participants for purposes related to the Platform. The personal data are subject to the Nigeria Data Protection Act 2023.

Changed Terms

We reserve the right to modify these Terms at any time. Such modifications will become part of this Agreement and will be effective once posted by us on the Platform. If a revision is a material, we will notify you via electronic mail or via a pop-up or redirection when you log in on our Platform. Still, we recommend that You review the Platform and these Terms from time to time. (The most current version of the Terms can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our web pages.) Your continued use of our Services means that you accept any new or modified Terms that we come up with.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

• your User submissions and related content;
• your use of the Platform;
• your breach of these Terms and Conditions;
• any breach of your representations and warranties set forth in these Terms and Conditions;
• your violation of the rights of a third party, including but not limited to intellectual property rights; or
• any overt harmful act toward any other user of the Services with whom you connected with through us.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. You may not settle any claim covered by this section without TDT's prior written approval.

Termination

Additionally, The Destiny Trust may terminate these Terms at any time and without prior notice if:

• We are investigating suspected misconduct by You;
• You have used the Services in a way that causes legal liability to Us or disrupts the use of Our Services by other users;
• You use this Platform or Platform for any of the prohibited purposes or upload any of the prohibited materials.

In the event that we limit, suspend, or terminate our services, we will endeavour to give You advance notice and an opportunity to export a copy of Your Contribution from Our Platform/Platform. However, in the event of a violation of the provisions of these Terms or any applicable law, we may decide that We need to take immediate action to suspend Your account without notice.

Notices Regarding Software, Documents, And Services Available On This Platform.

Disclaimer of warranty and limitation of liability:

1. The User expressly agrees that the use of this Platform is at the User’s sole risk. Neither The Destiny Trust, its affiliates nor any of Our respective employees, agents, third-party service providers, or licensors warrant that this Platform will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Platform, or as to the accuracy, reliability or content of any information and service provided through this Platform.
2. This Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for any particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.
3. This disclaimer of warranty and limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.
4. We disclaim liability for any errors or inaccuracies which may occur or be contained in any material despite our best effort to offer the current and correct information in the preparation of Our Platform/Services. Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on the Platform/Services for any particular purpose.
5. We reserve the right to remove, review, edit, or delete any content at any time. Also, certain contents in the Platform/Services may contain opinions and views. We shall not be responsible for such opinions or any claims resulting from them. Further, The Destiny Trust makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
6. We may contact Our Users through SMS, email, and call, to give information about Our Products as well as notifications on various important updates and/or to seek permission for a demonstration of Our products. You agree to receive these periodic messages.
7. Upon registration through any means whatsoever, We may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable the effective provision of Our Services. The User expressly permits TDT to contact them and the student(s) utilizing the Services, through the above-mentioned means at any time post-registration.
8. Where a minor wish to use our products or Services, such use shall be made available to the minor by his/her legal guardian or parents, who has agreed to these Terms. It is assumed that a minor who utilizes Our Services has obtained their legal guardian’s or parent’s consent and that such use is made available by the legal guardian or parents. We will not be responsible for any consequence that arises as a result of misuse of any kind of this website that may occur by virtue of any person including a minor registering for the Services provided.

Miscellaneous

Force majeure: We shall not be responsible for any failure or delay in performance due to circumstances beyond our control, including, without limitation, acts of God, war, riot, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third-party service providers (including providers of internet services and telecommunications). If you are affected by any such event, you shall notify us within a maximum of seven (7) days from the day you became aware. The performance of these Terms shall then be suspended for as long as any such event shall prevent us from performing our obligations under these Terms.

Third-Party Links: Third-Party links will take you out of this Platform. The linked applications are not under the control of The Destiny Trust and We are not responsible for the contents of any linked Application or any link contained in a linked application, or any changes or updates to such applications. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Destiny Trust of the third-party application.

Applicable Law: These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

Indemnification: User agrees to defend, indemnify and hold harmless The Destiny Trust, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Platform by User or User’s Account.

References: The companies, organizations, products, domain names, email addresses, logos, people, and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.

Entire Agreement: These terms and conditions, together with our Privacy Policy constitute the entire agreement between You and Us in relation to Your use of Our Platform and supersede all previous agreements in respect of Your use of this Platform.

Any rights not expressly granted in these Terms are reserved.

Contact Us

If you have any questions about this Terms and Condition, please contact us at [email protected]