Welcome to the Barvic Digital Skills Hub platform ("Platform"), operated by Barvic Solutions Limited ("Company", "we", "us", or "our"). By accessing or using our services, you agree to comply with and be bound by the following terms and conditions. If you do not agree with any part of these terms, you must not use our services.

Definitions

"Account" means the user account created by you to access our Platform.

"Content" means any text, images, videos, audio, software, and other materials available on the Platform.

"Course" means any digital skills training course offered through the Platform.

"Platform" means the Barvic Digital Skills Hub website and all associated services.

"Services" means all services provided through the Platform, including courses, mentorship, and training.

"User" means any person who accesses or uses the Platform.

"Certificate" means a digital or physical credential awarded upon successful completion of a Course.

"Mentorship" means the guidance and support provided by our instructors and mentors.

1. Acceptance of Terms

By accessing or using our services and website, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these terms, you must not access or use our services. These terms constitute a legally binding agreement between you and Barvic Solutions Limited (hereinafter referred to as "the Company", "we", "us", or "our").

2. Eligibility and User Age Requirement

2.1 Age Requirement: You must be at least 13 years old to create an Account and use our Platform. If you are between 13 and 18 years old, you must have parental or legal guardian consent to use our Services.

2.2 Parental Consent: By creating an Account, you represent that you have obtained all necessary parental or guardian consents required by applicable law.

2.3 Legal Capacity: You represent that you have the legal capacity to enter into this agreement and are not prohibited from using our Services by any applicable laws or regulations.

2.4 Account Creation: You must provide accurate and complete information during the registration process and keep your Account information updated.

3. Account Security and Password Policy

3.1 Account Security: You are responsible for maintaining the confidentiality of your Account credentials, including your username and password.

3.2 Password Policy: Your password must:

a. Be at least 8 characters long;

b. Contain a combination of uppercase and lowercase letters, numbers, and special characters;

c. Not be shared with any third party;

d. Be changed regularly, especially if you suspect unauthorized access.

3.3 Unauthorized Access: You must notify us immediately of any unauthorized use of your Account or any other breach of security. You are fully responsible for all activities that occur under your Account, whether authorized or unauthorized.

4. Services Provided

Barvic Digital Skills Hub, operated by Barvic Solutions Limited, offers a range of services including Digital Skills Training, Coding & Programming Courses, Graphic Design Training, AI & Digital Marketing Courses, Instructor-Led Training, Tech Mentorship, and Hands-On Learning Experiences. All services are subject to availability and may be modified at our discretion. We reserve the right to discontinue any service or feature at any time without prior notice.

5. Course Enrollment and Completion Policy

5.1 Enrollment: Courses may be enrolled in through the Platform. Enrollment is subject to availability and may be limited.

5.2 Course Completion: A Course is considered completed when you have:

a. Completed all required modules and activities;

b. Achieved a passing score on all required assessments (minimum 80% unless otherwise stated);

c. Completed all required projects or assignments.

5.3 Access Period: You will have access to enrolled Courses for the duration specified at the time of enrollment. After the access period expires, you may need to re-enroll or purchase extended access.

6. Certificate and Badge Policy

6.1 Certificate Issuance: Certificates are issued upon successful completion of a Course. Certificates are digital credentials that can be shared but not altered.

6.2 Certificate Validity: Certificates are valid as proof of completion but do not guarantee specific job outcomes or career progression.

6.3 Certificate Revocation: We reserve the right to revoke any Certificate if we discover fraud, cheating, or violation of these Terms and Conditions.

6.4 Badges: Badges are digital achievements that may be earned for completing specific milestones or demonstrating exceptional performance.

6.5 Misuse of Credentials: You agree not to misrepresent, share, or misuse any Certificate or Badge earned through our Platform.

7. User Responsibilities and Acceptable Use Policy

As a user of our services, you agree to:

a. Provide accurate, current, and complete information during registration or use of our services.

b. Maintain the confidentiality of your account and password and accept responsibility for all activities that occur under your account.

c. Notify us immediately of any unauthorized use of your account or any other breach of security.

d. Be fully responsible for all activities that occur under your account, whether authorized or unauthorized.

7.1 Prohibited Conduct: You must not:

i. Transmit any viruses, malware, or harmful code;

ii. Attempt to gain unauthorized access to our systems or networks;

iii. Engage in any activity that disrupts or interferes with our services;

iv. Violate any applicable local, national, or international laws or regulations;

v. Infringe upon the intellectual property rights of others;

vi. Harass, abuse, or threaten other users or our employees;

vii. Submit false or misleading information;

viii. Engage in cheating, plagiarism, or any form of academic dishonesty;

ix. Share Course materials with non-enrolled users;

x. Use our Services for any commercial purpose without our prior written consent.

8. Content Moderation and Community Guidelines

8.1 Community Standards: We expect all users to maintain a respectful and professional environment. Harassment, hate speech, bullying, or any form of discrimination will not be tolerated.

8.2 Content Moderation: We reserve the right to monitor, moderate, and remove any content that violates these Terms and Conditions or our Community Guidelines.

8.3 Reporting: If you encounter any content or behavior that violates these guidelines, please report it to us at info@barvicsolutions.com.

8.4 Consequences: Violations may result in content removal, Account suspension, or termination of your access to our Services.

9. Intellectual Property

All content, trademarks, logos, copyrights, and other intellectual property associated with Barvic Digital Skills Hub and Barvic Solutions Limited, including but not limited to software, branding, logos, course materials, and educational content, are the sole and exclusive property of Barvic Solutions Limited or its licensors. All rights are reserved.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our services for personal, non-commercial purposes only. You may not:

a. Copy, reproduce, distribute, modify, or create derivative works from any of our content;

b. Use our content for any commercial purpose without our express written consent;

c. Remove any copyright or proprietary notices from our content.

Any unauthorized use of our intellectual property may result in legal action.

10. User-Generated Content

By submitting, posting, or displaying any content on our platform, you:

a. Warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all content you submit;

b. Grant Barvic Solutions Limited a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with our services;

c. Acknowledge that you are solely responsible for any content you submit and that we are not responsible for the accuracy, quality, or legality of such content;

d. Agree that we may remove or refuse to post any content that we consider, in our sole discretion, to be inappropriate, offensive, illegal, or in violation of these Terms and Conditions.

11. Payment Terms

11.1 Fees and Charges: All fees and charges for our services are stated in the applicable order form, invoice, or payment page. Unless otherwise stated, all fees are exclusive of applicable taxes, which you are responsible for paying.

11.2 Payment Terms: All payments must be made in full at the time of purchase, unless otherwise agreed in writing. We accept payment through the payment methods specified on our website.

11.3 Refund Policy: Refunds are provided at our sole discretion. Please review our refund policy carefully before making a purchase. No refunds shall be provided for services that have been partially or fully rendered.

11.4 Late Payment: In the event of late payment, we reserve the right to suspend or terminate your access to our services until full payment is received, and to charge interest on overdue amounts at the rate of 2% per month or the maximum rate permitted by law, whichever is less.

12. Third-Party Links and Services

Our services may contain links to third-party websites or services that are not owned or controlled by Barvic Solutions Limited. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We are not liable for any damage or loss caused by or in connection with the use of any such third-party content, goods, or services.

You acknowledge and agree that:

a. You access third-party links and services at your own risk;

b. We do not endorse or warrant the accuracy, completeness, or usefulness of any third-party content;

c. These Terms and Conditions do not apply to your use of any third-party services, and you should review their terms separately.

13. Third-Party Integration Terms

13.1 BigBlueButton (BBB): Our Platform integrates with BigBlueButton for live online classes. Your use of BBB is subject to BBB's own terms of service and privacy policy.

13.2 Payment Gateways: We use third-party payment processors. Your payment information is processed in accordance with their terms and security policies.

13.3 Google Workspace: Our Platform may integrate with Google Workspace services. Your use of these services is subject to Google's terms and conditions.

14. Disclaimer of Educational Outcomes

14.1 No Guarantee: We do not guarantee that completion of any Course will result in job placement, career advancement, salary increase, or any specific outcome.

14.2 Independent Learning: Your success depends on your individual effort, dedication, and ability to apply the skills learned.

14.3 Market Conditions: Job market conditions, employer requirements, and industry standards vary and are beyond our control.

14.4 Not a Substitute: Our Courses are educational in nature and are not a substitute for professional advice, certification, or licensing requirements.

15. Limitation of Liability

15.1 DISCLAIMER OF WARRANTIES: Our services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or free from viruses or other harmful components.

15.2 LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, in no event shall Barvic Solutions Limited, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to your use of our services, including but not limited to:

a. Loss of profits, revenue, data, or goodwill;

b. Business interruption, loss of business information, or other pecuniary loss;

c. Errors, mistakes, or inaccuracies in our content or services;

d. Personal injury or property damage of any nature;

e. Any unauthorized access to or use of our secure servers and/or any personal information stored therein.

15.3 TOTAL LIABILITY: Our total liability to you for any and all claims arising from or relating to these Terms and Conditions or your use of our services shall not exceed the total amount paid by you, if any, to us during the twelve (12) months immediately preceding the event giving rise to the claim.

15.4 SOLE AND EXCLUSIVE REMEDY: Your sole and exclusive remedy for any claim against us shall be to discontinue your use of our services.

16. Indemnification

You agree to indemnify, defend, and hold harmless Barvic Solutions Limited and its affiliates, subsidiaries, parent company, officers, directors, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including but not limited to reasonable attorney's fees, court costs, and expert witness fees) arising from or relating to:

a. Your use of our services, including any content you submit or transmit through our platform;

b. Your violation of any provision of these Terms and Conditions;

c. Your violation of any applicable laws, regulations, or third-party rights, including intellectual property rights;

d. Any claim that your content or conduct caused damage to a third party;

e. Any dispute or issue arising between you and any third party related to your use of our services.

This indemnification obligation shall survive the termination of these Terms and Conditions and your use of our services.

17. No Unlawful or Prohibited Use

You shall not use our Platform for any purpose that is unlawful, prohibited by these Terms, or that could damage, disable, overburden, or impair our servers or networks. You shall not attempt to gain unauthorized access to any restricted areas of our Platform.

18. Compliance with Kenyan Laws

18.1 Kenyan Law Compliance: You agree to comply with all applicable laws and regulations of the Republic of Kenya, including but not limited to:

a. The Kenya Information and Communications Act, 1998;

b. The Data Protection Act, 2019;

c. The Computer Misuse and Cybercrimes Act, 2018;

d. The Kenya Copyright Act, 2001;

e. The Competition Act, 2010.

18.2 International Use: If you access our Platform from outside Kenya, you are responsible for compliance with local laws.

19. Export Control

You agree not to export or re-export any content or software from our Platform to any country or entity prohibited by Kenyan or international export laws. You shall not use our Platform in any manner that would violate applicable export control laws.

20. Notice and Communication

20.1 Communication Methods: We may communicate with you via email, in-platform notifications, or through our website.

20.2 Electronic Communications: By using our Platform, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

20.3 Notification Address: It is your responsibility to ensure that your contact information, including your email address, is accurate and current.

21. Assignment

You may not assign, transfer, or sublicense your rights or obligations under these Terms and Conditions without our prior written consent. We may assign our rights and obligations under these Terms to any affiliate or successor in interest without your consent.

22. Relationship of Parties

Nothing in these Terms and Conditions shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Barvic Solutions Limited. You are an independent user of our Platform, and nothing in these Terms shall be construed to make you an employee, agent, or representative of ours.

23. Language

The controlling language of these Terms and Conditions is English. Any translation provided is for convenience only and shall not be used for interpretation purposes. In the event of any conflict between the English version and any translation, the English version shall prevail.

24. Survival

The following provisions shall survive the termination of these Terms and Conditions: Intellectual Property, User-Generated Content, Limitation of Liability, Indemnification, Disclaimer of Warranties, Governing Law, and any other provisions that by their nature should survive.

25. Force Majeure

Barvic Solutions Limited shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor, or materials, or any other event or circumstance beyond our reasonable control.

26. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

27. Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions must be in writing and signed by an authorized representative of Barvic Solutions Limited.

28. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and Barvic Solutions Limited and govern your use of our services, superseding any prior agreements, understandings, or representations, whether written or oral.

29. Governing Law and Dispute Resolution

29.1 Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions.

29.2 Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or your use of our services shall be resolved through the following procedure:

a. Informal Resolution: The parties shall first attempt to resolve any dispute through informal negotiation within thirty (30) days of receiving notice of the dispute.

b. Mediation: If the dispute cannot be resolved informally, the parties shall attempt to resolve it through mediation administered by the Kenya Judiciary's Court Annexed Mediation program or through a mutually agreed mediator.

c. Arbitration: If mediation is unsuccessful, the dispute shall be resolved through final and binding arbitration in accordance with the Arbitration Act (Cap 49) of the Laws of Kenya. The arbitration shall be conducted in Nairobi, Kenya, by a single arbitrator appointed by agreement of the parties or, failing agreement, by the Chairperson of the Chartered Institute of Arbitrators (Kenya Branch). The arbitration proceedings shall be conducted in English.

29.3 Jurisdiction: Notwithstanding the foregoing, either party may seek equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to enforce the confidentiality provisions of these Terms and Conditions. The courts of Kenya shall have exclusive jurisdiction over any such proceedings, and you hereby consent to the personal jurisdiction of such courts.

29.4 CLASS ACTION WAIVER: Any claims or disputes arising out of or relating to these Terms and Conditions shall be brought on an individual basis only. You agree that you will not bring or participate in any class action, collective action, or representative action against Barvic Solutions Limited.

30. Consumer Rights

30.1 Consumer Protection: Nothing in these Terms and Conditions affects your statutory rights as a consumer under applicable Kenyan consumer protection laws.

30.2 Withdrawal Rights: Where applicable by law, you may have the right to withdraw from a purchase within a specified period. Please contact us for details.

31. Data Protection and Privacy

31.1 Data Protection: We collect, process, and store personal data in accordance with our Privacy Policy and applicable data protection laws, including the Kenya Data Protection Act, 2019. By using our services, you consent to our collection and processing of your personal data as described in our Privacy Policy.

31.2 Your Rights: You have the right to access, correct, update, or delete your personal data at any time. You also have the right to object to the processing of your personal data and to withdraw your consent at any time where we rely on your consent to process your data.

31.3 Data Security: We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

32. Changes to Terms

32.1 Right to Modify: We reserve the right to modify, update, or change these Terms and Conditions at any time and at our sole discretion.

32.2 Notification of Changes: We will post any changes on this page and, if the changes are material, we will provide notice via email or by posting a prominent notice on our website. The "Effective Date" at the top of these Terms and Conditions will be updated accordingly.

32.3 Acceptance of Changes: Your continued use of our services after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to any changes, you must stop using our services.

33. Contact Us

If you have any questions, concerns, or comments about these Terms and Conditions, please contact us:

Company Name: Barvic Solutions Limited

Platform: Barvic Digital Skills Hub

Email: info@barvicsolutions.com

Phone Number: +254 - 759 - 400 - 100

Physical Address: Harrison House, Third Ngong Avenue, Upper Hill, Nairobi, Kenya

Postal Address: P.O. Box 12345-00100, Nairobi, Kenya

Last Updated: January 1st, 2024