This Terms of Service Agreement is a legally binding contract between Enrol Web Services Limited (enrolweb.com) and each end user with respect to access and use of our associated internet services and it is made effective as of the date of your use of our website (Site).
This Agreement sets out the general terms and conditions of your use of this Site thus we advise that each user reads the terms carefully before our services because they affect your legal rights and obligations. If you do not agree to be bound by these terms or if at anytime the terms are no longer acceptable to you, please cease use of the service immediately.
The words “we”, “us” or “our” shall refer to Enrol Web while “you”,” your”, “they”, “user” or “customer” shall refer to any individual or entity who accepts this agreement or uses our site or services. Nothing in this Agreement shall be deemed to confer any rights or benefits to third parties.
- What is Enrol Web
Enrol Web is a dynamic web services company that has rapidly expanded from its Nigerian roots to become a global player in the digital landscape. We have established ourselves as a trusted partner for businesses seeking innovative and effective web solutions.
Our mission is to empower businesses of all sizes with cutting-edge web technologies, enabling them to reach new heights and achieve their online goals through delivering exceptional customer service, tailored solutions, unmatched technical support and measurable results.
2. Acceptance and Contractual Relationship
Every user represents and warrants that they are of age under the laws of your jurisdiction and/or lawfully able to enter contracts. If you are not legally able to enter contracts, you cannot use the Service at any time or in any manner or submit any information to Enrol Web or the Service.
3. Privacy
Your privacy is important to us. Please review Enrol Web’s Privacy Policy which explains how we use the information that you submit to us. It also sets out the choices you can make about how this information is collected and used.
4. Modification to the Terms or Services
Enrol Web may at any time, in its sole and absolute discretion, change, update, add or remove provisions that affect the use of the site, and such changes will be effective immediately upon posting to the site.
Your use of the site after such modifications have been made shall constitute your acceptance of the revised Agreement. In addition, Enrol Web may occasionally notify you of modifications via email hence we encourage all account users to ensure their information is correct and current.
5. Use of our Service or Account
We provide an online service that helps businesses to leverage the appropriate web technologies that fosters growth by prioritizing clients’ needs and working closely with them to understand their unique requirements and deliver solutions accordingly.
- Individuals: This refers to Registered Users who agree to use all resources on the Enrolweb Site solely for personal, individual, non-commercial use and agree not to share, sell, distribute, or disclose to any third party or on any other website any Enrolweb content.
- Businesses: (Kindly insert criteria for businesses)
- Registration data: In registering for the service, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”)
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to:
- notify Enrol Web immediately of any unauthorized use of your password or any other breach of security at support@enrolweb.com.
- exit from your Account at the end of each session.
If you provide any information that is untrue, inaccurate, out-dated or incomplete, or if Enrol Web has reasonable grounds to suspect that such information is untrue, inaccurate, out-dated or incomplete, we have the right to suspend or terminate your Account and to refuse any and all current or future use of the Service (or any portion thereof).
6. User Content and Corresponding License to Enrolweb
As a Registered User, you may upload, post, share, reframe, transmit or otherwise make available your user content through the Service. User content means, without limitation, your Account information, resume, career history, educational history, reviews, ratings, rankings, videos, photos, pictures, audio, profile entries, posts, job post information, company logos, questions, career materials, testimonials, submissions, photos, pictures and/or any other information you provide on or through the Service or that we may create for you (“User Content”). When you create an Account or provide information on or through the Service (including via forms available on the Site or by uploading or creating a post), you agree that you are solely responsible for the accuracy of your User Content. You agree that Enrolweb may offer information that is of most interest to you.
You may choose to make some of your User Content public on the Service. For some of our features, other members may be able to request email notifications of your new public User Content or publish their own comments to your comments. We may use the User Content to improve our Service, make connections with potential partners, personalise site views, market services, promote or show you other career building services or tools, and identify or feature popular members. Please be advised that by submitting any comments, feedback, testimonials, or success stories you are granting Enrolweb permission to use your User Content for marketing purposes unless during the original submission you explicitly state that you do not grant that permission. Enrolweb shall be entitled to unrestricted use of User Content for any purpose whatsoever, commercial, or otherwise, without compensation to you or any other person.
To avoid any doubt, you retain ownership of your User Content at all times. However, by posting, uploading and/or making available any User Content within the Service, and/or by providing any communication or material to Enrolweb, you automatically:
a. Grant Enrolweb a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable through multiple tiers, and transferable, licence to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Enrolweb (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (known now or developed later). We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media, and/or make changes to your User Content as are necessary to conform and adapt that Content to any requirements or limitations within the Service, or of any networks, devices, services or media; including, but not limited, to structured data markups for content ratings.
b. Grant each user of the Service a non-exclusive licence to access your public User Content, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms. To the extent permitted by applicable law, the above licences granted by you in User Content you submit to the Service will: (i) survive even if you remove or delete your User Content from the Service and, (ii) the above licences granted by you in forum comments, testimonials or submissions you submit are perpetual and irrevocable. Except with respect to your User Content, you agree that you have no right or title in or to any other content or materials that appears on or in the Service, including, but not limited to, any information associated with another Account or user profile or stored on or in the Service.
c. To the extent permitted by applicable law, waive all moral rights in the User Content that may be available to you in any part of the world and confirm that no such rights have been asserted.
d. Warrant that you are the owner of the User Content and entitled to enter into these Terms and that the User Content does not infringe the proprietary or privacy rights of any third party.
e. Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Enrolweb shall not be liable for any use or disclosure of such User Content.
f. Agree and understand that your User Content is subject at all times to our Acceptable Use Policy.
7. Deletion or Deactivation of User Content and/or your Account
Your User Content can only be completely deleted from public view by deleting your Account. When you request that your public User Content be deleted, your documents will no longer be visible to other users within the Service, but if your User Content, including your information, was previously accessed, stored and/or copied by others, we are unable to delete the information from their systems. When you deactivate your Account or ask us to delete your User Content, we will retain logs and non-personally identifiable information about you, along with an archival copy of your information, which is not accessible to you or third parties within the Service, but which might be used for recordkeeping and internal legitimate business purposes. If you terminate your subscription, you will still be able to use your login credentials as a Registered User to access and view the documents uploaded on your Account. This information will be available to you if you have an Account open. If you wish to close your Account and delete your data from our systems, you can do so by contacting our Customer Service team. You also agree and understand that some of the content that we may create for you cannot be deleted once uploaded, to the extent permitted by applicable law.
You further understand that Enrolweb may keep and use data in various ways as outlined in these Terms and in the Privacy Policy. If you ask us to delete your User Content, it will no longer be publicly available and, to the extent permissible by law, we will take all reasonable steps to delete it. Enrolweb has no obligation to maintain any Account you open and may delete it if you violate these Terms, as determined at Enrolweb’s sole and absolute discretion (please see also our Acceptable Use Policy below).
Disclaimer. Enrolweb does not endorse any user content submitted to the Service by any user or other licensor, or any opinion, recommendation or advice expressed therein, and Enrolweb expressly disclaims any and all liability in connection with user content. Enrolweb does not permit copyright infringing activities and infringements of intellectual property rights on the Service will be addressed expeditiously once properly notified. Enrolweb will remove any such user content that is found to have infringed on another person’s intellectual property rights (please refer to our Copyright and Intellectual Property Infringement Notification section). Enrolweb reserves the right to remove such user content without prior notice.
8. Our Community and Acceptable Use Policy
This section sets out the Acceptable Use Policy (AUP), establishing acceptable practices relating to the use of the Service, including limitations on user content, system abuse and security.
The Service must be used in a manner that is consistent with the intended purpose of the Service and the terms of the applicable agreement with Enrolweb, including our Terms. By using the Service, you consent to be bound by the terms of this AUP. If you do not agree with anything in this section, you must stop using the Service. For the purposes of this section, Enrolweb includes all Enrolweb’s affiliates, including direct and indirect subsidiaries and below is our AUP:
- Generally Prohibited Conduct: this service shall not be used to transmit, distribute or store material in a manner that:
- violates any applicable law or regulation.
- may adversely affect the Service or other users.
- may expose Enrolweb to criminal or civil liability.
- violates, infringes or otherwise misappropriate any third-party rights, including intellectual property rights, rights of publicity and privacy rights. You are prohibited from facilitating the violation of any part of this section or applicable third-party policies, including, but not limited to, transmitting, distributing or otherwise making available any product or service that violates this section or another Enrolweb policy.
Responsible use of the Service: All users are expected to act responsibly when using the service. You may only use the Service and its contents for lawful purposes and in accordance with applicable laws. You are further prohibited from storing, distributing, or transmitting any unlawful material through the Service. You may not collect or store personal information from other users. You recognise that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through the Service are the sole responsibility of the sender, not Enrolweb, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through the Service.
Content Limitations: we require that you do not post any content or act in a way that in our opinion:
- libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive.
- disparages, criticises, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content.
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise.
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity.
- violates any law or may be considered to violate any law.
- constitutes a breach of contract (you do not have the right to disclose any inside information, proprietary or confidential information received in the context of a non-disclosure agreement).
- advocates or promotes illegal activity.
- impersonates or misrepresents your connection to any other entity or person, or otherwise manipulates headers or identifiers to disguise the origin of the content.
- solicits funds, advertisers or sponsors.
- includes programs which contain viruses, worms and/or ‘trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications.
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type or otherwise act in a way that affects the ability of other people to engage in real time activities via the Service.
- copies any other pages or images on the Service except with appropriate authority
- includes illegally sourced MP3 format files.
- amounts to a pyramid or similar scheme.
- amounts to ‘data warehousing’ (i.e. using any web space made available to you as storage for large files or large amounts of data which are only linked from other sites).
- disobeys any policy or regulations established from time to time regarding use of the Service or any networks connected to the Service.
- contains links to other sites that contain the kind of content that falls within the descriptions described above.
System Abuse: Enrolweb corporates with law enforcement and reports suspicious activity; thus without limitation, you agree not to:
- send, create or reply to so called ‘mailbombs’ (i.e. emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in ‘spamming’ (i.e. unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Service by any other person.
- copy, display, distribute, duplicate, aggregate, redistribute, alter or modify any of the content available within the Service, or User Content in any medium, to any other individual or entity, other than as may be reasonably necessary to use the Service for their intended purpose.
- use any automated software or devices, such as spiders, robots or data mining techniques such as scraping, spidering, crawling or any other techniques to download, store, distribute or otherwise reproduce content within the Service and/or the Service itself.
- use or copy the Service including any data you view on and/or obtain from the Service in order to provide any product or service that is competitive to the Service determined at Enrolweb’s sole discretion.
- interfere with, interrupt, destroy or limit the functionality of the Service, or any computer software or hardware or telecommunications equipment.
- use the Service in any manner that could damage, disable, overburden or impair any of Enrolweb’s servers, or networks connected to any of Enrolweb’s servers, or interfere with any other party’s use and enjoyment of the Service.
- gain unauthorized access to the Service, other accounts, computer systems or networks connected to any of Enrolweb’s servers or to the Service, through hacking, cracking and distribution of counterfeit software, password mining or any other means
- reverse engineer, decompile or disassemble any software accessed through the Service, including any proprietary communications protocol used by Enrolweb.
- use information obtained from the Service to transmit any commercial, advertising or promotional materials without Enrolweb’s written permission and, except as expressly authorized by Enrolweb, advertise or offer to buy or sell any goods or services for any purpose.
- provide any contact information that is not current and accurate, impersonate or create a false identity or falsify any information.
- use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service, or other user or usage information or any portion thereof.
- exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
- reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Service.
Violation of Security Systems: All users are prohibited from using any services or facilities provided in connection with the Service to compromise its security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Enrolweb reserves the right to release your details to system administrators at other sites or to law enforcement personnel in order to assist them in resolving security incidents.
Responsibility for User Content: Enrolweb takes no responsibility for any material created or accessible on or through the Service and will not exercise any editorial control over such material. Enrolweb is not obligated to monitor such material but reserves the right to do so. You acknowledge that we have no obligation to pre-screen user content, although we reserves the right, at our sole discretion, to pre-screen, refuse or remove any user content that conflicts with our AUP. By entering these Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your user content, including, without limitation, videos, comments, any chat, text, or voice communications that may be facilitated through the Service. If Enrolweb pre-screens, refuses or removes any user content, you acknowledge that we will do so for our benefit, not yours. Enrolweb may provide you with tools to flag user content, although we make no promises or representations regarding removal of flagged user content.
Violations of this AUP may be reported to: support@enrolweb.com.
9. Site Restrictions
All Businesses with legitimate purposes are invited to request for membership with enrolweb and such membership will only be granted approval if enrolweb deems you a good match for its platform.
All users agree not to do any of the following:
- post or submit to enrolweb any incomplete, false, or inaccurate biographical or organizational information or information which is not your own;
- send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of enrolweb;
- delete or revise any material posted by any other person or entity;
- take any action that imposes an unreasonable or disproportionately large load on any enrolweb’s Site infrastructure;
- aggregate, copy, or duplicate in any manner, any of the enrolweb’s content or information available from the Site without express written consent from enrolweb.
- post content on any enrolweb’s Site that contain hyperlinks, ‘hidden’ keywords, or keywords that are irrelevant or otherwise misleading to the Services provided.
10. Payments and Subscriptions
If you purchase any services that Enrolweb offers for a fee, either on a one-time or on a subscription basis, you agree that Enrolweb’s third-party vendors may store your payment information. You also agree to pay the applicable fees for the services you order (including, without limitation, periodic fees for monthly or annual subscriptions) as they become due, plus all related taxes, and to reimburse all collection costs and interest for any overdue amounts.
Any recurring charge will be fixed at the price agreed to at the time of purchase. The specific billing terms for the services you order will be described on the offer page on the Site. When you sign up for automatic or recurring billing, you will be notified of the billing terms and how to stop recurring billing on your transaction receipt. By signing up for Enrolweb’s services with recurring billing, you will be deemed to agree to those billing terms as described specifically on the Site.
For un-scheduled purchases, when such purchases are available, you agree that Enrolweb will charge your payment method on file for each of such un-scheduled purchases, individually, at the time of purchase. Such individual transactions are final.
Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction may be subject to foreign exchange fees or differences in prices due to exchange rates. Your transaction may also be subject to foreign currency exchange fees assessed by your bank or card issuer. Enrolweb is not responsible for any foreign currency exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by your bank or card issuer. Enrolweb does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiry date and you do not edit your payment method information or cancel your Account or the applicable service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the subscription period until you cancel your subscription. All applicable taxes are calculated based on the billing information you provide at the time of purchase.
Enrolweb can alter prices for services at any time, at its discretion, subject to the notification terms of Clause 4 (Modifications)
11. Cancellations
Once you submit your billing information, your subscription will automatically renew as per your chosen subscription type. If you do not cancel your subscription prior to your next renewal date, it will automatically renew, and you will be billed for a continued subscription. You are solely responsible for and in control of cancelling your subscription when you would like to no longer use the Enrolweb’s service. No pro-rated credit will be given for partial use of your subscription.
You may cancel your subscription any time by contacting our customer service department, or by going to the Account Settings. Enrolweb will send an email with a cancellation number to confirm any cancellation request. If you do not receive this confirmation and still wish to cancel, please contact our customer service department directly for further assistance. Enrolweb may issue a refund if notice of cancellation of your subscription is provided before the end of the trial period, if a trial period is offered. Enrolweb does not guarantee refunds after trials are expired.
12. Our Intellectual Property, Trademark and Copyright
Except with respect to your user content and other registered users’ content, you agree that, between you and us, Enrolweb (and our affiliated companies and suppliers) own all rights, title and interest in the Service and all tools, as well as all related intellectual property rights. The Service is copyrighted as a collective work, and individual works or content appearing on or accessible through the Site owned by or licensed to Enrolweb or its content are likewise subject to copyright protection domestically and internationally.
Likewise, all data files, program files, software, code, proprietary methods, systems and other materials that are made available to download from or used to provide the Service. Such materials may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. The materials are protected by copyrights, patents, trade secrets or other proprietary rights.
You must abide by all copyright notices, information or restrictions contained in or attached to any of our materials. Nothing in this Agreement grants you any right to receive delivery of a copy of our materials or to obtain access to our materials except as generally and ordinarily permitted through the Service according to these Terms. Certain names, logos, distinctive features, source identifiers and other materials displayed on the Site or in the services, including its ‘look and feel’, constitute trademarks, trade names, service marks, trade dress or logos (‘Trademarks’) of us or other entities. All trademarks not owned by Enrolweb that appear on this Site are the property of their respective owners. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings) or create derivative works from any copyrighted work made available or accessible via the Service. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
13. Disclaimer Regarding Testimonials
The Service may contain thoughts and opinions (“Testimonials”) of the users of our services. These Testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our services. We do not claim, and you should not assume, that all users will have the same experiences as your individual results may vary.
The Testimonials on the Service are submitted in various forms, such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Service as given by the users, except for the correction of grammar or typing errors. Some Testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. Photos added next to the Testimonials may not always represent the person giving the testimonial. The views and opinions contained in the Testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide Testimonials and users are not paid in cash or compensated for their Testimonials unless the testimonial is part of an incentivised Invited Submission.
14. Copyright and Infringement Notification Policy
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing content that violates the intellectual property rights of others, suspending access to the Service (or any portion thereof) to any user who uses the Service in violation of someone else’s intellectual property rights, and/or terminating, in appropriate circumstances, the Account of any user who uses the Service in violation of someone else’s intellectual property rights.
Our policy involves the following process:
- Notification Submission of an Infringing Content
We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with applicable laws. If you believe your copyright or other intellectual property right is being infringed by a user of this Site, please provide written notice to our agent for notice of claims of infringement by sending an email to Enrolweb at legal@enrolweb.com.
To ensure the matter is handled expeditiously, the written notice must:
- Contain your physical or electronic signature.
- Identify the copyrighted work or other intellectual property alleged to have been infringed.
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material.
- Contain adequate information by which we can contact you (including postal address, telephone number, and email address).
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law.
- Contain a statement that the information in the written notice is accurate.
- Contain a statement, under penalty of perjury, stating that you are authorized to act on behalf of the copyright or other intellectual property right owner.
- Submission of Counter Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a validly received take-down notice from the relevant authorities.
In response, if you believe the material was removed or disabled by mistake or because of a misidentification of the material, you may provide our agent with a written counter-notification that includes the following information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
- Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of this Site or Service who is the subject of repeated infringement notifications.
Enrolweb seeks to preserve any and all exemptions from liability that may be available under the copyright laws.
15. User Interactions and Release
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. If you have a dispute with one or more users (including merchants), you hereby release Enrolweb from any claims, demands, liabilities, costs or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes).
In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable laws, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
16.Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE AND OTHER CONTENT IN THE SERVICE ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ENROLWEB AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF ENROLWEB DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR COLLATERAL, RELATED TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ENROLWEB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENROLWEB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SERVICE OR ANY WEB SERVICES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ENROLWEB MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF SERVICE, OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES OR OTHER CONTENT IN THE SERVICE OR ANY WEB SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ENROLWEB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEB SERVICE.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES AND CONDITIONS, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE ACCESSING THE SERVICE FROM THE EUROPEAN UNION OR OTHER JURISDICTIONS THAT TO DO NOT RECOGNIZE DISCLAIMERS OF CERTAIN WARRANTIES, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.
17. Limitation of Liability
ENROLWEB AND ITS AFFILIATES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF ENROLWEB AND ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF ENROLWEB AND ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.
Because user authentication on the internet is difficult, Enrolweb cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on Enrolweb, in the event that you have a dispute with one or more users, you release Enrolweb (and our agents and employees) from claims, demands, and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your interactions with other users and any such disputes that may result from those interactions. Enrolweb cannot guarantee and does not promise any specific results from the use of Enrolweb. No advice or information, whether oral or written, obtained by a user from Enrolweb shall create any warranty not expressly stated herein.
ENROLWEB’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY ENROLWEB SITE OR YOUR USE OF THE ENROLWEB CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $50.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
18. Third Party Sites
The Service may link you to other sites on the Internet that may or may not be affiliated with Enrolweb. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Enrolweb, and you acknowledge that (whether or not such sites are affiliated in any way with Enrolweb), Enrolweb is not responsible for the accuracy, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Enrolweb or any association with its operators. If you elect to use such third-party sites, and/or if you elect to ‘click’ on a link or button, you understand that:
(a) you will be leaving our Site and
(b) your use of any such third-party sites will be subject to any terms and conditions and privacy policies required by the applicable third-party.
Enrolweb does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g. social security numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communications with any of these third parties.
19. Governing Law
To the fullest extent permitted by the applicable jurisdiction, these Terms shall be governed by, construed, and enforced in accordance with the laws applicable to the merchant outlet location that processed your payment.
Notwithstanding the foregoing, if you are a US resident, except as otherwise provided in this section or as otherwise required by law, these Terms involve transactions between the parties in interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC § 1-19 of the United States of America. Judgment upon any interim or final award shall be entered and confirmed in any court or tribunal of competent jurisdiction. The substantive law of the State of New York (excluding its conflicts of law provisions) shall apply to all disputes and these Terms. If there is a conflict between the Federal Arbitration Act and New York law, the Federal Arbitration Act supersedes. In any circumstances where the foregoing Terms permit the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York for such purpose.
These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
20. Binding Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Scope of the Arbitration Agreement: You and we each agree that, except as provided below, any dispute, claim, or controversy relating in any way to or arising in any way out of the Terms, the Provider’s services, or the Provider’s products, including the Service, and any use (or lack of use) or access (or lack of access) thereto, or purchase from the Provider (collectively, “Dispute”)—irrespective of when that Dispute arose—whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be resolved exclusively through final and binding individual arbitration, rather than in Court. You and we thereby agree to waive any right to a jury trial and agree that you and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. “Dispute” will be given the broadest possible meaning allowable under law.
- Informal Dispute Resolution Process
Either party asserting a dispute shall first try in good faith to resolve it by providing written notice to the other party, as specified below, describing the facts and circumstances relating to the dispute (including any relevant documentation). You must send any notice to legal@enrolweb.com or to the U.S mailing address listed in the “Contact Us” section of these Terms. Any notice we send to you will be sent to the most recent contact information that you provide us. If no such information exists or if such information is not current, we have no obligation under this section. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will attempt in good faith to resolve the dispute, though nothing will require either parties to resolve the dispute on terms that either parties in each of our sole discretion, find unacceptable. Both parties agree that this Informal Dispute-Resolution Process is a condition precedent which must be satisfied before the initiation of arbitration against the other party. - Arbitrating Disputes
After the Informal Dispute-Resolution Process, any remaining dispute will be resolved through binding arbitration, using the English language, administered by JAMS under its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). If arbitration before JAMS is unavailable or impossible for any valid reason, any dispute remaining after the Informal Dispute-Resolution Process will be conducted by, and according to, the rules and regulations then in effect of the American Arbitration Association (AAA). Either Party may initiate arbitration of a dispute upon completion of the Informal Dispute-Resolution Process for that dispute. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any and all disputes arising out of or relating to the formation, existence, scope, validity, interpretation, applicability, or enforceability of this agreement to arbitrate, or any part of it, or of these Terms of Use, including, but not limited to, any claim (except as explicitly outlined below) that all or any part of this agreement to arbitrate or the Terms of Use is void or voidable. If any party disagrees about whether any portion of this Section 20 can be enforced or whether it applies to the dispute, the parties agree that the arbitrator will decide that dispute. Notwithstanding the foregoing, the parties agree that any issue concerning the validity of the class action waiver contained in this arbitration agreement must be decided by a court, and an arbitrator does not have authority to consider the validity of the class action waiver. Both parties understand and agree that we are waiving our right to sue or go to court to assert or defend our rights, except as set forth below.
Unless both parties agree otherwise, including to conduct the arbitration by telephone or videoconference or to have the arbitrator decide the dispute without a hearing, any arbitration brought by or against a user who lives in the United States shall take place in-person in the user’s hometown or in New York, NY, unless the arbitrator determines that a different location would better serve the convenience of the parties. If you live outside the United States, any arbitration will take place in New York, NY.
Arbitration will be handled by a single arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, both parties are each waiving the right to trial by jury or to participate in a class action or class arbitration.
Notwithstanding the arbitration agreement in this Section 28, you and the Provider agree that the following types of Disputes will be resolved in a court of proper jurisdiction, unless both you and the Provider agree to submit the Dispute to arbitration pursuant to the procedures in this binding arbitration agreement:
- Disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as the action or proceeding is brought and maintained as an individual action or proceeding and not as a class, representative, or consolidated action or proceeding.
- Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief).
- Intellectual property disputes.
Any litigation in court of the foregoing types of disputes (except for small claims court actions) may be commenced only in a federal or state court located within San Francisco, CA, and both parties each consent to the jurisdiction of those courts for such purposes. Regardless of whether the foregoing types of disputes in this Exceptions provision are resolved by a court or pursuant to arbitration, both parties agree that the dispute is subject to the class action waiver provision set in this Section 20.
Payment of all filing, administration, and arbitrator costs and expenses will be governed by the JAMS Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, the Service Provider will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).
Each party is responsible for his, her, their or its own attorneys’ fees and expenses, and the Service Provider will not pay your attorneys’ fees or expenses except to the extent ordered by the arbitrator. For the avoidance of doubt, in cases where a statute gives you the right to recover attorneys’ fees if you prevail, the arbitrator may award attorneys’ fees pursuant to that statute. In the event the arbitrator determines the dispute you brought to arbitration is, in whole or in part, frivolous according to Federal Rule of Civil Procedure 11, or brought for an improper purpose, you agree to reimburse the Service Provider for all fees associated with the arbitration paid by the Service Provider that you otherwise would have been obligated to pay under the JAMS Rules. In determining whether a dispute is frivolous, in whole or in part, the arbitrator may consider whether the Service Provider has offered you a full refund of the sum you paid to the Service Provider for services provided by the Service Provider or has otherwise offered full relief to you in relation to your individual claim. If the arbitrator, upon final disposition of the case, finds your dispute was not frivolous, the Service Provider will reimburse any filing fees that you paid and were not otherwise reimbursed. Judgment on the arbitration award may be entered in any court that has jurisdiction.
You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to:
Enrol Web Services LLC
468, 166 Geary St STE 1500, San Francisco, CA, San Francisco, US, 94108
The notice must be sent to the Service Provider within thirty (30) days of your first agreeing to these Terms; otherwise, you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver provision, the class action waiver still applies. You may not opt out of only the class action waiver provision and not also the arbitration provisions. If you opt-out of the arbitration provisions, or if you opt out of both the arbitration and the class action waiver provisions, the Service Provider will also not be bound by them.
- Waiver of Right to Bring Class Action and Representative Claims
To the fullest extent permitted by applicable law, both parties agree that any proceeding, whether in court or arbitration, to resolve any dispute will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). Both parties AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. Both parties EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM (whether arbitration, court, or otherwise). If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, both parties agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding set forth in the class action waiver contained herein does not prevent you from seeking public injunctive relief in an individual capacity to the extent otherwise authorized by law.
IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this Section 20(f) are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.
We will provide notice of any material changes to this binding Arbitration Agreement and/or class action waiver (which may be satisfied by updating these Terms of Service, unless not otherwise permitted by law), in which case you will have the right to opt out of the arbitration provisions and/or class action waiver within 30 days after such change, consistent with the terms above. Except as set forth above regarding the class action waiver provision, if any portion of these arbitration provisions is deemed invalid or unenforceable, it will not invalidate the remaining portions of these arbitration provisions. Other than with respect to the class action waiver, as set forth above, only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this binding Arbitration Agreement, including whether any dispute falls within its scope.
In the event that the arbitration agreement and/or class action waiver in this Section 20 is for any reason held to be unenforceable, any litigation against us (except for actions in small claims court) may be commenced only in a federal or state court located in New York, NY, and both parties each consent to the jurisdiction of those courts for such purposes. In the event any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that, unless it materially affects the entire intent and purpose of these Terms of Service, the invalidity, voidness, or unenforceability shall affect neither the validity of these Terms nor the remaining provisions herein (except as set forth above with respect to the class action waiver), and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.
- Non-European Union Residents
If any controversy, allegation or claim (including any non-contractual claim) arises out of or relates to the Site or these Terms, then you and we agree to send a written notice to the other providing a reasonable description of this dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. If no such information exists or if such information is not current, then, we have no obligation under this section. Your notice must be sent to us at legal@enrolweb.com. For a period of sixty (60) days from the date of receipt of notice from the other party, Enrolweb and you will engage in a dialogue in order to attempt to resolve the dispute, although nothing will require either you or Enrolweb to resolve the dispute on terms either you or Enrolweb, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
You may have a right to an out-of-court settlement of certain disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at: http://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board. Your statutory rights regarding choice of law and venue, to the extent applicable, remain unaffected.
Enrolweb makes no representation that materials or other content on the Service are appropriate or available for use outside of the United States of America (“United States”), and if accessing the Service from outside the United States, then Enrolweb makes no representation that materials or other content on the Site are appropriate or available for use from your current location. If you choose to access the Service from other locations outside the United States, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable.
The communications between you and Enrolweb may be made through electronic means, whether you visit the Service or send Enrolweb emails, or whether Enrolweb posts notices on the Service or communicates with you via email. For contractual purposes, you:
- consent to receive communications from Enrolweb in an electronic form, and
- agree that all terms and conditions, agreements, notices, disclosures and other communications that Enrolweb provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
The foregoing does not affect your statutory rights.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Enrolweb relating to the matters contained here and the Site.
The Site is operated by Enrolweb. Whether you access the Services through any of our internet properties or family sites, you may contact us using the information provided herein. Please forward any comments or complaints about the Site to support@enrolweb.com or (US address).