Last Updated on February 21, 2022
These Terms and Conditions(“Terms”) govern your use of this platform at www.KidyView.com (“Website”), including any mobile applications, web applications, affiliated websites and services (the “Platform”) operated by KidyView Limited (hereinafter referred to as “KidyView”, “Us”, “We”, or “Our”). Please read these Terms before using or continuing to use this Platform. Do not agree to the Terms unless you fully understand and accept each provision. By using or continuing to use the Platform, you acknowledge and represent that you understand, agree and accept all terms and conditions contained in these Terms and agree to comply and be bound by same.
If you do not agree to this Terms, please do not continue to use or access the Platform.
1. General Terms
KidyView provides this Platform to users, individuals, companies and businesses, or their ward, members, staff, or any other person or entity they severally represent, seeking tutoring services (“Clients”) and to individuals, companies and businesses, or any other person or entity they severally represent, seeking to provide tutoring services (“Tutors”). The term “you” or “You” or “User” or “Users” shall refer to Clients, Tutors or any person or entity who views, uses, accesses, browses or submits any data, content, or material to the Platform. These Terms are entered into by and between KidyView and you, and you accept them by: (a) contracting for tutoring lessons through the Platform; (b) using and continuing to use the Platform in any other manner; and/or © providing tutoring services.
The Platform
To the extent that anything on or associated with the Platform is in conflict or inconsistent with these Terms, the Terms shall prevail. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, such provision will be replaced with a new provision that reflects and accomplishes Our original business purpose, such new provision to immediately become effective, and the other provisions of the Terms, not replaced will remain in full force and effect.
2. Services
The Platform offers a marketplace for those in need of tutoring services to connect with those willing to provide such services. Tutors are independent contractors hired by Clients, and they control the methods, materials and all aspects of the lessons provided to the Clients.
Clients have the exclusive responsibility of selecting the right Tutor for their needs. In making hiring decisions, Clients are encouraged to review and investigate each tutor’s self-reported credentials, education, and experience, as well as reviews from other Clients. PLEASE TAKE NOTE THAT “All Tutoring Sessions should be Supervised by a Responsible Adult”.
KidyView controls and operates the Platform from various locations and makes no representation that the Platform is appropriate or available for use in all locations. Thus, KidyView services may not be available in your location, and available services may vary among locations. In addition, KidyView will attempt to send all correspondences via the Platform’s messaging system. KidyView does not, however, guarantee delivery of all messages.
3. Academic Honesty
You acknowledge and agree that KidyView’s services are provided for the purpose of facilitating learning, and that the services shall not in any way be used for the purpose of cheating or other fraudulent activities.
You agree not to hire Tutors to complete assignments, write papers, take quizzes or otherwise do work on your behalf.
You agree not to use KidyView’s services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace, other educational institutions or place of learning. Similarly, parents and/or guardians agree not to facilitate the use of KidyView’s services on behalf of their children or ward for any purpose that violates the academic honesty policy or other conduct policies of their children’s or ward’s school, university, academic institution or other place of learning.
4. Your Obligations and Conduct
In consideration of your use of the Platform, you agree: (a) that you are of legal age and have capacity to agree to these Terms or that you continue to use and access this Platform under the supervision of someone who has the capacity to agree to these Terms; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the Platform (“Registration Data”) even where such information is not specifically requested by KidyView; © to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to KidyView, to keep it accurate, current and complete; and (e) to give KidyView a period of two (2) months from the date it issues a public notice of any data breach or potential data breach to rectify such breach or potential breach. (f) that KidyView cannot validate the age of every individual that accesses the Platform and thus cannot discover where a User is under the age of 13. You are not permitted to use the Platform or the services or submit content to the Platform if you are under the age of 13, except under the supervision of an adult.
You are entirely responsible for all content that you upload, post, or otherwise transmit through your use of the Platform (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, false, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to KidyView or other Users of the Platform; (b) includes unauthorized disclosure of personal information; © violates or infringes anyone’s intellectual property rights; (d) is intended to bully, insult, intimidate or humiliate any person or (d) contains viruses, vulnerability or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. KidyView reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
Without prejudice to the specificity of the foregoing, you agree to use the Platform in a manner that is lawful, relevant and proper to any of the forums existing on the Platform. Any use of the Platform that KidyView, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Conduct that is inappropriate and/or offensive includes, subject to KidyView’s right to revise the underlisted without notice and subject to the overriding discretion of KidyView in determining which activity falls within the underlisted and without limitation, the following:
Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
Use the Platform for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
Upload files that contain software or other materials that violates the rights of any person, including without limitation intellectual property rights;
Upload files that contain viruses, trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other harmful programs, similar software, malware, spyware, adware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
Take any action that would undermine any aspect, integrity, security or functionality of the Platform;
Attempt to gain unauthorized access to the Platform, other User accounts, or other device, computer system or networks connected to the Platform;
Advertise or offer to sell any goods or services for any commercial purpose on the Platform that are not appropriate or relevant to the Platform;
Impersonate another person or allow any other person or entity to use your User name, password or membership;
Post the same content repeatedly in a manner that constitutes spamming in any form;
Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Platform;
Access, download, or copy any information, content and/or materials from the Platform
through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Platform; or
Restrict or inhibit any other User from using or gaining full access to the functionalities of and enjoying the Platform.
By using the Platform, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Platform: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of terms and conditions in these Terms of Use and where you act on behalf of a minor or an organization, that you do so in good faith and have been so authorized, respectively; © neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.
If there has been any accusation or complaint whether or not it proceeded to trial, kindly inform KidyView before continuing to use the Platform or any of the services associated thereon. You agree and grant KidyView the right and authority to commence any action against you, or to immediately terminate your access to the Platform or to use any of the Services without given you any notice, pending its determination to reinstate you on the Platform or not.
By using the Platform, you understand and agree that KidyView may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that KidyView may revise the Eligibility Conditions with or without notice from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Platform. You are also responsible for ensuring that all persons who access the Platform through your internet connections and/or device are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
You hereby authorize KidyView to verify the above representations by you and you acknowledge and agree that KidyView shall have the right, but not the obligation, to verify such representations. You agree and understand that such verification may include, without limitation, conducting criminal background checks, address verification checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that KidyView may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Platform, should it determine that you have violated any representation or warranty. You further agree that
KidyView is not obligated to communicate its decision to you within any timeline.
The preceding paragraph notwithstanding, you understand and agree KidyView is not mandated to conduct background checks of any User. KidyView will however, to a reasonable extent, use its power to ensure that all unauthorized or illegal use of the Platform is monitored and discontinued immediately upon discovery. You also understand and agree that KidyView neither confirms nor denies the validity of information provided by Users and that KidyView does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that it is your sole responsibility to conduct any and all background and reference checks regarding other Users.
KidyView expressly disclaims, and you expressly release KidyView from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User’s Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User © fraud or theft you may suffer from any User that you may engage on this Site.
KidyView reserves all of its rights including without limitation its right to remove anything objectionable to KidyView in its sole discretion. Alleged improprieties by any User may be reported to KidyView by email at .
5. Third party reports
KidyView may utilize third party consumer reporting agencies that perform, among other things, criminal background checks, address verification checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications (“User Reports”). KidyView does not endorse or make any representations or warranties regarding the reliability of such User Reports or the accuracy, timeliness or completeness of any information in the User Reports. KidyView does not independently verify information in the User Reports beyond the supporting documents or information Users upload to the Platform.
You hereby consent to KidyView collecting and using the information in the User Reports. You further consent to KidyView disclosing the information in the User Report upon a court order or government directive, or to an affiliate company or to a third-party (provided the confidentiality of such information by the third-party is guaranteed). You understand and agree that KidyView may, in its sole discretion, review and rely on the information in User Reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that KidyView shall not be responsible or liable in any way in the event that any information in the User Reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the agency or organization engaged for the purpose by KidyView to dispute the accuracy, timeliness or completeness of such information. KidyView reserves the right to suspend and/or terminate a User’s access to the Platform based on information in the User Report or for any other justifiable reason, including but not limited to the security of other Users on the Platform, at KidyView’s sole discretion.
6. Confidentiality of KidyView information
You may obtain direct access via the Platform to certain confidential information of KidyView and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential
(“Confidential Information”). You understand and agree that such information need not have been marked confidential or expressly stated as confidential before it is deemed confidential. You irrevocably covenant and warrant to hold Confidential Information in strict confidence and utmost integrity. All right, title and interest in the Confidential Information remains with KidyView and/or its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence that: (a) you possessed prior to your receipt from KidyView, without an obligation to maintain its confidentiality or through no breach of your confidentiality obligations; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of this Terms; © you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of other Users who have had access to it, or (e) is in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish your rights under these Terms and as disclosed after prior notice to KidyView to afford KidyView the adequate opportunity to object to the disclosure.
7. Content submitted to the Platform
KidyView does not claim ownership of the Content that you place on the Platform and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content that you provide in connection with this Platform shall be deemed to be provided on a non-confidential basis. KidyView shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant KidyView an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among KidyView, its affiliates, and third-party providers of any information that you may provide on the Platform. You further agree that you have all the Intellectual Property rights to any information you share on the Platform and that you have not in any way infringed the rights of any other person or entity to the information being shared on the Platform. You undertake not to share any such information, knowingly or unknowingly, or which upon reasonable finding will have been discovered to infringe the right of any other person.
8. Terms of Transacting Business
You understand and agree that you are willing to pay all costs associated with the Services. These costs include but are not limited to: (a) a Tutor’s hourly rate as listed; (b) Tutor’s travel and transportation fees; © cancellation fees as described in a Tutor’s cancellation policy, which can be found on a Tutor’s profile on the Platform; and (d) the commission arrangement between the Tutor and KidyView; (e) booking fees related to each booking on the Platform.
9. Advertisements and promotions
KidyView may run advertisements and promotions from third parties or affiliated parties on the Platform. Your correspondence or business dealings with, or participation in promotions of, advertisers other than KidyView, found on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. KidyView is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-KidyView advertisers on the Platform.
10. Text message notifications
Users may receive text message notifications for new lessons booked or submitted on the Platform (“Text Message Program”). Please note that standard data and messaging rates may apply for any text message notifications. Please contact your mobile phone carrier for details.
11. Content provided via links
You may find links to other platforms or resources on the Platform. You acknowledge and agree that KidyView is not responsible for the availability of such external platforms or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such platforms or resources. KidyView will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Platform or resource. You further acknowledge and agree that KidyView is not responsible for the protection of personal data submitted to such external platforms and KidyView shall not be liable for any breach of personal data that may occur by virtue of your use of such external platform. You agree to exclude KidyView from any claim, damage or action that may arise therefrom.
12. Intellectual property rights
KidyView grants you permission (which may be revoked at any time for any reason or no reason) to use the Platform for the services as provided herein and in accordance with these Terms of Use and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove, alter or tamper with in any manner whatsoever, any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by KidyView in writing, you may not deep-link to the Platform for any purpose or access the Platform manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Platform or any information, content, or material on the Platform. KidyView reserves all of its statutory and common law rights, including any right as it may vest in itself by virtue of any memo, guidelines or regulations as it may release from time to time, against any person or entity who violates this paragraph. You may not link or frame to any pages of the Platform or any content contained therein, whether in whole or in part, without prior written consent from KidyView. You may like or follow KidyView or share links to the Platform via social networking technology referenced on the Platform. Any rights not expressly granted herein are reserved.
Except as expressly authorized by KidyView or by content providers, you agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means. You agree not to modify, decompile, or reverse engineer any software KidyView discloses or makes accessible to you, and you agree not remove or modify any copyright or trademark notice, or other notice of ownership.
“KidyView Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations KidyView uses in connection with its products and services. You may not remove
or alter any KidyView Trademarks, or co-brand your own products or material with KidyView Trademarks, without KidyView’s prior written consent. You acknowledge KidyView’s rights in KidyView Trademarks and agree that any use of KidyView Trademarks by you shall insure to KidyView’s sole benefit. You agree not to incorporate any KidyView Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein or expressly agreed in writing by KidyView, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download content owned by KidyView on this Platform provided that: (a) the copyright notice pertaining to the content remains, and a permission notice (e.g., “used with permission”) is added to such content; (b) the use of such content is solely for personal and non-commercial use; © such content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you undertake to immediately destroy (irretrievably) any content downloaded and/or printed from the Platform.
13. Termination and suspension
KidyView reserves the right to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use or cause any further use to be made on your behalf in any manner whatsoever, of the Platform after termination or during suspension from using the Platform.
14. Disclaimer of Warranties
You understand and agree that your use of the Platform is at your sole risk. The Platform, including the information, services, and content, is provided on an “as is”, “as available”, and “with all faults” basis. KidyView disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. KidyView makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Platform.
KidyView makes no warranty or representations that: (a) the Platform will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Platform will be accurate or reliable; © the quality of any products, services, content, information, or other material purchased or obtained from tutors will meet your expectations or requirements; or (d) any errors in the Platform will be corrected.
You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the Platform, including any damages resulting from computer viruses.
You hereby acknowledge that the data and any materials provided or licensed hereunder are provided without warranties or representations, and KidyView shall not accept any liability in connection with their use, storage and disposal by you. Except as expressly set forth in this terms, KidyView makes no representation or warranty to you of any kind, express or implied, including any warranty of non-infringement, merchantability or fitness for a particular purpose or that any technology will be free from infringement of patents or proprietary rights of third parties, or that no third parties are in any way infringing patent rights. Without limiting the generality of the foregoing, you understand and acknowledge that no representation or warranty is made regarding the utility of any information, materials or technology licensed hereunder.
15. Limitation of liability
You understand and agree that KidyView has no control over the acts or omissions of any User and that KidyView makes no representations or warranties about the quality of the services provided by any User. You understand and agree that KidyView is not responsible for the performance or conduct, whether online or offline, of any User of the Platform. As such, KidyView expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Platform including without limitation any acts and/or omissions of Users on or off the Platform.
Users of the Platform transact between themselves. KidyView will not be involved in any User interactions. KidyView is not responsible for disputes, claims, loss, injury, or damage of any kind that might arise during and after User interaction. KidyView further disclaims any liability for breach of any commercial relationship entered into between you and any other User without KidyView’s written authorization or consent.
You understand and agree that KidyView has no control over the acts or omissions of any User on or off the Platform and that KidyView makes no representations or warranties about the quality of the services provided by any User. you understand and agree that KidyView is not responsible for the performance or conduct, whether on or off the Platform, of any User, as such, KidyView expressly disclaims, and each User expressly releases KidyView from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Platform.
To the full extent permitted by law, KidyView is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including without limitation loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Platform, , however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Platform; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the Platform; © statements or conduct of any third party on the Platform, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information Users may download, use, modify, or distribute. these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Where for any reason, the above limitations do not apply to you, you irrevocably and unconditionally acknowledge and agree that KidyView’s total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed (a) the amount paid by you to KidyView or (b) $100 (whichever is less).
You and KidyView agree that the warranty disclaimers and limitations of liability in these Terms are
material, bargained-for the basis of this Terms, and that they have been taken into account in determining the consideration to be given by each Party in this Terms. You and KidyView agree that the warranty disclaimers and limitations of liability in these terms of use are fair and reasonable.
If you are dissatisfied with the Platform or do not agree to any provisions of these terms of use, your sole and exclusive remedy is to discontinue using the Platform, except as may be provided for in this clause 16.
16. Assumption of risk
You agree and understand that you assume all risks when using the Platform to the extent provided in this Terms. You agree to take all necessary precautions, including without limitation, following the recommendations set forth in KidyView’s safety tips, when interacting with other Users.
17. Indemnification
You agree to indemnify, defend, and hold harmless KidyView and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by KidyView in any way related to your (a) acts and/or omissions on or off the Platform; (b) violation of any rights of other Users’, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Platform; © breach of these Terms of use; (d) disputes with or between other Users; (e) use and/or misuse of the Platform, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party platforms, including without limitation such platforms’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Platform. You further agree that you will cooperate as requested by KidyView in the defense of such claims. KidyView reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter on behalf of KidyView without the written consent of KidyView.
18. Dispute Resolution
You covenant that if any controversy, claim or dispute arises which relates in any way to the interpretation, or enforcement of any term of this Terms, or any breach thereof, or concerns any other matter in connection with this Terms, you and KidyView shall use your best endeavors to settle amicably in good faith any dispute or difference between you arising from or in connection with this Terms through mutual discussion.
If you are unable to settle the dispute as indicated above within sixty (60) days, the dispute shall be referred to mediation by the legal representative of either of you. Mediation shall be conducted at and in line with the Rules of the Lagos State Multi-Door Court House (LMDC).
This clause shall survive the termination of this Terms and shall accordingly apply at all times to disputes and differences of opinion arising between you hereto concerning this Agreement or any matter there under.
This Clause shall not preclude KidyView from obtaining interim relief from a court of competent jurisdiction. Where mediation fails, the dispute shall be referred to a court of competent jurisdiction for resolution.
19. Injunction
You agree that any material breach of the Terms will result in irreparable harm to KidyView for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, KidyView will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if KidyView seeks such an injunction.
20. Notices; modification and termination of services; amendment of terms
KidyView may provide notice to Users via email, phone number, social media, regular mail, or posting notices or links to notices on the Platform. KidyView reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. KidyView may also delete, or bar access to or use of, all related information and files. KidyView will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. KidyView may amend these Terms at any time by posting the amended terms on this Platform.
21. Governing law
This Policy shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
22. Entire agreement
These Terms constitute the entire agreement between you and KidyView relating to this subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use KidyView or third-party products or services.