Terms and Conditions

Last Updated: 09.17.2024

These are our general terms and conditions for all users of this site. The terms are legally binding under the relevant law of the Republic of Kenya. By using our site, you automatically agree to the terms and conditions. It is important to read them thoroughly to understand the boundaries of your rights and our rights in our service provision processes. 

Definitions

  • We, Us, Our, Company, Website, or Site all refer to MwalimuFocus.Co.Ke/Caleb Peter of National ID No. 35403951 trading as CALEBTAI INVESTMENTS.
  • You, User, Customer, or Vendor refer to someone who visits the address of this site as an individual or on behalf of another entity. 

By visiting our site, you agree that you have read, understood, and agree to be bound by the Terms and Conditions. If you do not agree with these Terms and Conditions, then you're expressly disallowed from continuing to use this site. 

We reserve the right to update these Terms and Conditions from time to time to reflect the latest regulatory changes and other emerging issues in the industry. When we update the terms, we will indicate on the top of this page the last time they were changed. Also, when we update these Terms and Conditions, we will notify you via the email you used to register your account on this site. It is your sole responsibility to check your email inbox for updates or visit this page from time to time to track any changes that have taken place. By continuing to use the site after the updated date, we assume that you have agreed to the new Terms and Conditions, and they legally bind you.

The contents displayed on this website, including text and media, are intended for a Kenyan audience. Therefore, anyone who visits this site outside the intended jurisdiction is solely responsible for complying with their local laws and regulations. 

The content displayed on this site is suitable for individuals of all ages, including PP1 and PP2 children. We only display learning and teaching materials that are publicly allowed for access by the relevant authorities in the Republic of Kenya. Since we intend to serve an audience of all age groups, we have prohibited the use of adverts from third parties like Google, Inc. since the adverts may contain obscene content that is not appropriate for all age groups. However, for children under the age of 13, a guardian or parent must accompany them to avoid the initiation of unintended transactions. 

Intellectual Property Rights

Our site uses a unique approach to providing educational services to teachers, parents, and learners. The materials we provide are downloadable files in various formats, including PDFs, Docs, Docx, video, audio, etc. All these materials are explicit properties of our vendors. Vendors are those that sell educational materials on our site. We provide an electronic platform where they can display their products. On the other hand, customers who are interested in the products can buy them using our financial accounts. After buying, we will send the material to the customer for personal use. You are not allowed to redistribute materials bought from this site for commercial purposes. The materials you buy MUST be for personal use only. 

Since we proactively protect the vendors' copyrighted materials, all vendors selling on this site must also respect the copyright of others. You're not allowed to sell copyrighted content on this site. By uploading a file when adding a product to your shop, you agree that 100% of the material was created by you alone. Anyone found selling copyrighted materials will be suspended from this site, and their account will be terminated permanently. 

As the service provider, we retain the intellectual property rights of the software, trademarks, logos, website designs, service marks, and all other content that solely belongs to us, herein referred to as "Our Content." Our content is protected by Kenyan and international laws that govern the distribution and use of copyrighted materials. Our Content on this site is intended only for your information and personal use only. No one shall transact on our behalf (i.e., using Our Content) without our discrete permission to do so.

Prohibited Activities

  • Selling copyrighted materials using this site's infrastructure.
  • Redistributing materials purchased from this site.
  • Scraping data from this site for any kind of use without our express permission.
  • Hacking or taking advantage of this site's security features to infringe the rights of other users protected in these Terms and Conditions, our Privacy Policy, and relevant laws governing the use of cyberspaces in Kenya.
  • Uploading content to the site that spreads hate and ethnic-based remarks that infringe on Kenya's national ethos.
  • Using this site's infrastructure to con or scam other users, such as vendors selling non-existent materials or product descriptions not matching the files.
  • Uploading of pornographic and sexually explicit materials, otherwise what would be considered indecent under the laws of the Republic of Kenya and the Kenyan society as a whole.
  • Sending automated requests to this site that cause unnecessary burden to our infrastructure. 
  • Carrying out any illegal activities under any law or regulation of the Republic of Kenya.

Anyone who is found carrying out any of the prohibited activities shall be suspended immediately and their account terminated permanently. Where applicable, we may share information with relevant authorities to aid in investigations. 

Refund Policy

Although we proactively review the quality of every product being sold on our site, we cannot guarantee quality all the time. You have a right to receive a refund for the purchase in the rare event that you have received a material whose quality was not your expectation. The following are the circumstances under which you can qualify for a refund after making a purchase:

  • The product description does not match the downloaded file.
  • The product is freely available on the Internet elsewhere. You must provide a link to the free product for verification purposes. 
  • The product was not delivered to you, as explained on our website, due to successful transactions marked as failed by our system as a result of electronic errors.

Electronic Purchases and Transactions

All purchases shall be made electronically using MPESA. The funds shall be transferred to an MPESA organization account named CALEBTAI INVESTMENTS. You can track all the transactions made between you and us on your dashboard. 

Data Protection

For more information about how we protect your data, kindly visit our Privacy Policy.

The Delivery of Purchased Products

When you purchase a product on our site as a customer, you will have three options to access it for download after the payment is successful:

  1. Immediately after the transaction is marked successful, you will be redirected automatically to a downloads page.
  2. An email will also be sent containing all the attachments of the products you purchased.
  3. You can log in to your account and visit your dashboard to access the products you purchased.

We hold a right to change the manner in which we deliver our products to you. If you're an existing customer, you will receive an email detailing the new process. For new customers, you can check the "How It Works" section of our homepage to learn about the current delivery approach of purchased products. 

Dispute Resolution

In case of any dispute or disputes between two or more parties defined in these Terms and Conditions, including Caleb Peter, customers, and vendors, we request to first attempt an informal channel of resolution before proceeding to arbitration. The period of informal dispute resolution shall be 30 days from the day a formal written notice is transmitted from one party to another. Upon the expiry of this period, without successful resolution of the dispute or disputes, the interested parties can seek formal channels of dispute resolution as provided by the laws and regulations of the Republic of Kenya.

Vendor Payments

All vendors who sell their products on this site are eligible for a commission earning for each purchase made by a customer. We have the right to adjust the commission rate from time to time. Upon reviewing our commission rates, we shall communicate via email to all our vendors through the emails they used to register on the site. Also, to mitigate high transaction costs related to small transactions, we regularly update the minimum amount a vendor can withdraw from their available balance. We have the discrete right to revise this amount without any prior communication. However, we will always ensure that we communicate any changes of such kind to you, but it is not an obligation. All payments shall be processed instantly if all our systems and the providers of our payments systems (herein IntaSend Solutions Limited or Safaricom LLC) are up and running. 

Governing Law

These Terms and Conditions are legally binding as per the relevant laws of the Republic of Kenya. 

Site Modifications

We hold a right to modify the contents of this site, including its design, its contents, and any other of Our Content, without any prior notice to you. That includes bringing down this site at any given time without anyone's prior consent. 

Disclaimer

While we try our best to present you with the most accurate and useful educational content to you as a customer, as well as a platform where you can earn by selling educational resources as a vendor, we do not guarantee the correctness, appropriateness, and accuracy of the content. We are not liable for any errors, mistakes, personal injury, or property damage of any nature whatsoever arising from the consumption of Our Content or the general use of our site. Therefore, before purchasing any product from our site, it is your sole responsibility to use your best judgment before placing an order.

Termination of Terms

These terms shall remain in effect while you use this site. Upon determining your violation of any of the provisions of these Terms and Conditions, we can suspend you from this site and terminate your account permanently at our sole discretion. Even without violating any provisions of these Terms and Conditions, we hold a right to suspend you and terminate your account with this site at our sole discretion. 

Indemnification

In any case that a vendor sells copyrighted material on our site, and we are sued for this copyright violation, the involved vendor agrees to take responsibility for any legal consequences arising from this copyright violation. The vendor agrees to indemnify us against any claims, losses, or damages arising from the vendor's copyright violation. Additionally, any user of this site, including regular visitors, customers, and vendors, agree to indemnify us against damage, loss, claims, and demands arising from:

  1. Their use of this site.
  2. Violation of these Terms and Conditions.

Contact Us:

Phone: +254714477986

Email: info@mwalimufocus.com