Scholarlyft is a social learning service that allows members to create unique personal profiles online in order to practice past exam papers, take mock tests and engage in peer-to-peer educational assistance, which is made available on www.scholarlyft.com ((the “Website”).
Acceptance of These Terms
By accessing or using the Scholarlyft Services or Scholarlyft Subscription or purchasing a Scholarlyft Subscription, you represent and warrant that you are of legal age in your jurisdiction and otherwise have the capacity to form a binding legal agreement with Scholarlyft. These Terms give you specific legal rights, and you may also have additional legal rights, which vary from jurisdiction to jurisdiction. Use of the Scholarlyft Services and Scholarlyft Subscriptions is void where prohibited. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.
Children Under the Age of 13
The Scholarlyft Services and Scholarlyft Subscriptions are not intended for children under 13 years of age. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you believe that we might have any personal information from or about a child under 13, please contact us at firstname.lastname@example.org
Your Use of the Scholarlyft Services
Subject to your compliance with these Terms, Scholarlyft grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Scholarlyft Services and any products, services, functionality, content, information, or other materials available on or through the Scholarlyft Services, subject to the limitations described in the remainder of this section and elsewhere in these Terms.
You understand that certain functions of this Scholarlyft Services may only be available to Registered Users. Registered Users have the right to use the products, services and functionality provided by Scholarlyft and the content and information published on the Scholarlyft Services only within their own needs, for non-commercial purposes. Should the products, services, functionality, content or information be a subject to copyrights or any other intellectual property rights, the Registered User may use it within the allowed use under any applicable third-party licenses and subject to such copyrights and related rights. Except as otherwise provided in these Terms with regard to Scholarlyft Subscriptions, using the products, services, functionality, content or information in accordance with these terms is free of charge.
In order to ask the community of users for assistance (asking a “Question”) via the Website, you must be a Registered User. Registered Users must create User Credentials and be validated as members of the Scholarlyft Service. You may ask Questions via the App without being a Registered User. Only Registered Users or Scholarlyft (in the case of “verified” Answers that Scholarlyft provides or other communications) may provide a response to a Question (an “Answer”) or communicate with other Registered Users. The rights granted to you in the paragraph above and elsewhere in these Terms are subject to the following limitations:
You agree to use the Scholarlyft Services and any products, services, functionality, content, information, or other materials available on, through or in connection with the Scholarlyft Services or your Scholarlyft Subscription only for lawful, personal, and informational purposes. You agree that you will not use any resource made available on the Scholarlyft Services in any manner that is malicious or that violates any applicable local, state, national, or international law, or the intellectual property or proprietary rights of any third party; You agree not to copy, reproduce, distribute, display portions of, or link to the Scholarlyft Services or any products, services, information, or other materials available on or through the Scholarlyft Services or your Scholarlyft Subscription for commercial purposes without the prior express written consent of Scholarlyft;
You agree not to post on or transmit onto the Scholarlyft Services any information that you know to be untrue, that is unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful, or that contains or links to a virus, bug, worm, malware, Trojan horse, or other harmful or disruptive element;
You agree not to use any automated tool, such as a web scraping tool, a bot or web robot, or web automation, to mine the Scholarlyft Services or any products, services, information, or other materials available on, through or in connection with the Scholarlyft Services or your Scholarlyft Subscription, for information or to fill out forms on the Scholarlyft Services, that you will not circumvent any technical measures implemented to prevent or limit such access, and that you will comply with the restrictions in any robot exclusion header; and
You will not circumvent or attempt to circumvent any security or access control technology implemented on the Scholarlyft Services or any products, services, information, or other materials available on, through or in connection with the Scholarlyft Services or your Scholarlyft Subscription or any servers, network or associated systems or physical premises operated by or for the benefit of Scholarlyft. Scholarlyft reserves the right to view, monitor, and record activity on the Scholarlyft Services without notice or permission. We may monitor use to optimize the Scholarlyft Services, understand what is of interest to visitors, and otherwise to enhance the operation of the Scholarlyft Services, assure its availability, and prevent misuse of the Scholarlyft Services. Any information obtained by monitoring, reviewing, or recording activity on the Scholarlyft Services is subject to review by us or on our behalf as well as by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Scholarlyft Services. Scholarlyft will comply with all court orders involving requests for such information.
You are solely responsible for all text, images, audio, video, location data, and all other forms of data or communication that you submit or transmit to, through, or in connection with the Scholarlyft Services, including Questions, Answers, Comments (collectively, “Your Content”). Once you submit Your Content on the Scholarlyft Services it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone else’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content by others who may access the Scholarlyft Services. You acknowledge that you may expose yourself to personal liability by posting on the Scholarlyft Services. You take sole responsibility for ensuring that Your Content does not contain any material that is illegal, is false, intentionally misleading, or defamatory, or violates any third-party right (such as copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right).
SCHOLARLYFT RESERVES THE RIGHT TO MODERATE THE SCHOLARLYFT SERVICES AND TO REMOVE, SCREEN, OR EDIT YOUR CONTENT FROM THE SCHOLARLYFT SERVICES AT OUR SOLE DISCRETION, AT ANY TIME, AND FOR ANY REASON OR FOR NO REASON, WITH NO NOTICE TO YOU.
Scholarlyft’s Right to Use Your Content
By posting Your Content on the Scholarlyft Services you irrevocably grant Scholarlyft worldwide, non-exclusive, irrevocable, assignable and transferable perpetual rights to use Your Content, including, for example, your name, grade, school name or biographical information, for any purpose whatsoever, including, for example, to create derivative works, use for advertising or marketing, or repurpose in another medium.
The materials used and displayed on the Scholarlyft Services, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, and sound, and names, logos, trademarks and service marks, are the property of Scholarlyft or its affiliates or licensors and are protected by copyright, trademark and other laws. Any and all such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written consent of Scholarlyft.
The terms Scholarlyft and Scholarlyft.com, and other Scholarlyft trademarks and services marks, as well as all associated logos, related names, product and service names, designs, and slogans are trademarks of Scholarlyft or its affiliates or licensors. You may not use such marks without the prior written consent of Scholarlyft. All other names, logos, product and service names, designs, and slogans on the Scholarlyft Services are the trademarks of their respective owners.
Third-Party Content and Links
Some of the information or other materials available on or through the Scholarlyft Services may have been prepared by third-parties not affiliated with Scholarlyft, including other users. Scholarlyft makes no warranties with regard to such information or other materials, nor does Scholarlyft assume any responsibility or liability for any decisions based upon such information.
The Scholarlyft Services may include links to websites and services not provided by Scholarlyft. Your interaction with these websites and services will be subject to the terms (including privacy policies) established by such websites or services. Scholarlyft is not responsible for, and does not endorse or warrant in any way, any materials, information, goods, or services available through or advertised on such websites or services, or the privacy or other practices of such websites or services.
Use of certain portions of the Scholarlyft Services requires that you create and maintain a username and password (collectively “User Credentials”). You will be asked to create unique User Credentials that may only be used by you. You understand and acknowledge that anyone with knowledge of your User Credentials may gain access to any information, including your Personal Information, you have stored in the password-protected portion of the Scholarlyft Services. You agree to keep your password secret, to notify us if your password is lost or compromised, and to be solely responsible for the confidentiality and use of your User Credentials.
Subscription Services; Automatic Renewal; Cancellation
ALL SCHOLARLYFT SUBSCRIPTIONS WILL AUTOMATICALLY RENEW AT THE END OF THE TERM IF YOU DO NOT CANCEL PRIOR TO THE END OF THE SUBSCRIPTION TERM. Scholarlyft offers Registered Users the opportunity to purchase a Scholarlyft Subscription, through which users will receive unlimited access to all past papers and mock tests available on the Scholarlyft Services and access to receiving more points than the traditional point system, for the duration of the subscription term listed on our Service at the time of purchase. Registered Users who do not purchase a Scholarlyft Subscription will only be able to view a limited amount of past papers. Scholarlyft subscriptions are available for the price listed on our Service and will be billed to you in accordance with the billing terms listed on the Service.
Each Scholarlyft Subscription will automatically renew at the end of each subscription term unless you cancel your Scholarlyft Subscription at least 5 business days before the end of your subscription term by providing notice to Scholarlyft at email@example.com. UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.
If you choose to cancel, your cancellation will take effect at the end of the subscription term in which you cancelled, and there are no refunds. Except where Scholarlyft, in its sole discretion, suspends, or terminates your Scholarlyft Subscription as provided below, you will have access to and use of your Scholarlyft Subscription up until the effective date of cancellation. Notice of cancellation of your subscription may be given to Scholarlyft by 5 business days before the end of your subscription term. Cancellation of your Scholarlyft Subscription is your sole and exclusive remedy under these Terms and against Scholarlyft with respect to Scholarlyft’s provision of the Scholarlyft Subscription.
You agree to pay Scholarlyft the fees for your Scholarlyft Subscription and authorize Scholarlyft (through its third-party payment processor) to (i) charge these fees to the credit card or other payment method, and (ii) automatically renew the charges for the duration of your Scholarlyft Subscription unless you cancel your Subscription as described above, which you may do at any time. If your credit card or other payment method is invalid for any reason, charged back, or if we do not receive payment, we reserve the right to cancel your Scholarlyft Subscription immediately.
All descriptions of the Scholarlyft Subscription, prices, and payment terms posted on the Scholarlyft Services are within our sole discretion and subject to change at any time without notice. Scholarlyft may add new services for additional fees and charges, amend fees and charges for existing services, or withdraw its offering of the Scholarlyft Subscription at any time, in its sole discretion. The price charged for a Scholarlyft Subscription and payment terms will be the price and payment terms in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Taxes will be added to your order total and will be itemized on the purchase screen and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Payment must be received by our third-party payment processor before our acceptance of an order. Our third-party payment processor accepts the payment methods listed below. Scholarlyft does not view or store your full credit card or other payment method information. For all purchases, our third-party payment processor will collect your payment method details and charge your chosen payment method in connection with an order. You acknowledge and agree that Scholarlyft is not responsible for any breaches of credit card or other payment method security or privacy.
You represent and warrant that:
- the account, order, and payment method information you supply to us or our third-party payment processor, as applicable, is true, correct and complete,
- you are duly authorized to use such payment method for the purchase,
- you will pay any charges that you incur in connection with the service under your Scholarlyft Subscription, including any applicable taxes,
- charges incurred by you will be honored by your payment method company,
- you will pay all charges incurred by you at the posted prices, including all applicable taxes, if any,
- you will not allow anyone else to use your Scholarlyft Subscription,
- you will not transfer your Scholarlyft Subscription or password to anyone else, and
- you will report to us any unauthorized or prohibited access or use of your Scholarlyft Subscription.
If any of your account, order, or payment method information changes, you agree to promptly update this information, so that we or our third-party payment processor may complete your transactions and contact you as needed. We are not liable for any unauthorized use of your credit card, debit card, or other payment method by a third party in connection with your use of the Scholarlyft Services or your Scholarlyft Subscription.
Scholarlyft reserves the right, in its sole discretion, to immediately modify, suspend or terminate your account, the Scholarlyft Services, your Scholarlyft Subscription, and/or any products, services, functionality, information, content or other materials available on, through or in connection with the Scholarlyft Services and/or your Scholarlyft Subscription 3and/or your access to some or all of them without cause and without notice. In the event that Scholarlyft suspends or terminates your account, the Scholarlyft Services or your Scholarlyft Subscription, you acknowledge and agree that you shall receive no refund or exchange for any unused time on a Scholarlyft Subscription or any subscription fees or anything else.
Disclaimer of Warranties
YOU UNDERSTAND AND EXPRESSLY AGREE THAT:
YOUR USE OF THE SCHOLARLYFT SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE SCHOLARLYFT SERVICES OR YOUR SCHOLARLYFT SUBSCRIPTION IS AT YOUR OWN RISK. THE SCHOLARLYFT SERVICES AND ANY PRODUCTS, SERVICES, FUNCTIONALITY, INFORMATION, CONTENT OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SCHOLARLYFT SERVICES AND YOUR SCHOLARLYFT SUBSCRIPTION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SCHOLARLYFT DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND, WITHOUT LIMITATION, DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS IMPLIED BY LAW, CONVENTION, COURSE OF DEALING OR OTHERWISE (INCLUDING ANY WARRANTY OF MERCHANTABILITY) TO THE FULLEST EXTENT PERMITTED BY LAW. SCHOLARLYFT MAKES NO WARRANTY THAT THE SCHOLARLYFT SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, INFORMATION, CONTENT OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE SCHOLARLYFT SERVICES OR YOUR SCHOLARLYFT SUBSCRIPTION, WILL MEET YOUR REQUIREMENTS, OR THAT THE SCHOLARLYFT SERVICES OR SCHOLARLYFT SUBSCRIPTIONS WILL OPERATE UNINTERRUPTED OR IN A TIMELY, SECURE, OR ERROR-FREE MANNER, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR CONTENT ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH THE SCHOLARLYFT SERVICES OR SCHOLARLYFT SUBSCRIPTIONS, REGARDLESS OF WHETHER ANY INFORMATION OR CONTENT IS MARKED AS “VERIFIED”.
Limitation of Liability
SCHOLARLYFT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM (A) THE USE OR THE INABILITY TO USE, OR THE CONTENT INCLUDED IN, THE SCHOLARLYFT SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE SCHOLARLYFT SERVICES OR YOUR SCHOLARLYFT SUBSCRIPTION (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) SCHOLARLYFT’S PROVISION OF OR YOUR USE OF THE SCHOLARLYFT SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE SCHOLARLYFT SERVICES OR YOUR SCHOLARLYFT SUBSCRIPTION; OR (C) ANY BREACH OF OR ACT OR OMISSION UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF SCHOLARLYFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Scholarlyft’s liability is limited to the extent permitted by law, thereby minimizing Scholarlyft’s liability to you to the lowest amount permitted by applicable law.
You agree to indemnify and hold each of Scholarlyft, its subsidiaries, affiliates, officers, directors, employees and independent contractors, and any third parties providing content or services included in the Scholarlyft Services or your Scholarlyft Subscription, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of the Scholarlyft Services or your Scholarlyft Subscription.
Scholarlyft expressly reserves the right to assign and transfer these Terms, and its rights and obligations under these Terms, in part or as a whole, without restriction, including, but not limited to, to another legal entity as part of any sale or merger of all or part of Scholarlyft with a separate legal entity. You may not transfer these Terms, or your rights or obligations under these Terms, to any person or entity.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the Federal Republic of Nigeria without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the Country and federal courts of the Federal Republic of Nigeria.
Changes to These Terms
Scholarlyft regularly reviews these Terms and may revise or update them at our sole discretion. Changes to these Terms become effective immediately upon their posting on the Scholarlyft Services and your continued use of the Scholarlyft Services following the posting of revised Terms represents that you have read, understood, and agreed to the changes. The most recent version of these Terms will be maintained on the Scholarlyft Services.