Thank you for your interest in NYE Digital Academy ("NYE", "we", "us", "our"). This page outlines our Terms and Conditions (“Terms of Use”, “Agreement”) governing your use of our service (“Platform”). These Terms and Conditions define our Users’ (“you”, “your”) rights and obligations within the scope of our relationship. Accordingly, this document constitutes a legal and binding agreement between NYE and you.

These Terms and Conditions apply to you and if you do not agree to be bound by these Terms, you may discontinue using our service. For further questions or clarification, please reach out to us at info@naccima.com. 

This service is exclusively owned and operated by us. By accessing or using our service, you agree to these Terms and Conditions, thereby entering into a legally binding agreement with us. If you do not accept these Terms or cannot be bound by them and you will not be permitted to use our services.

1.     Modifications

1.1.  We reserve the right to update or modify these Terms and Conditions at any time. If any changes are made, we will notify you by publishing the updated Terms on our Platform. We encourage you to review these Terms periodically on our Website to stay informed of any updates. All modifications will take effect immediately upon posting, and we will indicate the changes made and the date of the latest revision. By continuing to use our Platform after the changes are implemented, you acknowledge and accept the revised Terms and Conditions.

2.     Nature of our Platform

2.1.   We are a digital learning platform that offers technology courses to help our learners (You) develop in-demand skills, enhance their career prospects, and stay competitive in today’s fast-evolving digital landscape. Our platform provides accessible, flexible, and high-quality learning experiences in areas such as software development, data science, digital marketing, and other technology-driven disciplines (our “Services”).

2.2.  Our service and Platform are offered on an “as is” and “as available” basis. While we strive to provide you with a smooth and reliable experience, we do not guarantee that our Platform will operate without interruptions or errors. Delays or disruptions may occasionally occur due to factors beyond our control, and NYE will not be responsible for any losses you may suffer as a result. Although we make every effort to maintain the security of our Platform against viruses and intrusions, we cannot completely rule out potential attacks, given the prevalence of malicious actors in today's digital financial environment.

2.3.  During the course of providing our services, we may occasionally need to perform routine maintenance. Whenever possible, we will notify you in advance as part of our standard practice. However, in situations where advance notice is not feasible due to urgency, compliance requirements, or business disruptions, you acknowledge and agree that such maintenance may be carried out. Additionally, you accept that we will not be held liable for any loss or damage resulting from these maintenance activities.

3.     Legal Capacity

3.1.           By using our platform, you undertake that you are of legal age to form a binding agreement with NYE in accessing and using our platform, that you are not barred or restricted from receiving our Services under the laws of Nigeria or other applicable jurisdiction including the country you reside in or from which you use our Platform and Services.

4.     Onboarding and Implementation Support

To use our Platform, you must provide accurate and up-to-date registration information, including your name, email address and phone number. We may deny or suspend your access if we believe the information you provide is incorrect or incomplete. You may be required to update your information through our Platform.

NYE acknowledges your right to make reasonable requests for services. These requests must be submitted in writing in English through designated channels. NYE is not obligated to fulfill requests that exceed the scope of our services or violate Nigerian law.

Acceptable Use Policy

4.1.  Your use of our Platform must comply with our acceptable use requirements. You agree not to use our Platform for:

Illegal Activities: Circumventing technical limitations, reverse engineering our systems, accessing unauthorized areas, copying our content without permission, interfering with our Platform's operation, or overloading our systems.

4.2.  Our Terms and Conditions are governed by Nigerian laws. You admit knowledge of this and agree to bear any liability for use outside of Nigeria.

5.     Privacy Policy

We collect and use your data as outlined in our Privacy Policy. This Privacy Policy has been incorporated by reference into this Terms and Condition. We may update our Privacy Policy at any time, and any changes will be effective immediately upon posting on our Website.

6.     Our General Responsibilities to You

We will ensure that we do the following;

6.1.  We will provide you with technology courses for the development of in-demand tech skills.

6.2.  We will also maintain a communication channel through which you may make inquiries or send complaints.

6.3.  There may be instances where we need to upgrade our software to improve our service delivery or to comply with a law or lawful order. When this happens, we will provide you with a notice before implementing the modification, and will endeavor to ensure that such change does not materially impair the effectiveness of our service.

7.     Your Responsibilities to Us

7.1.  Provide us with accurate data as requested on the Platform

7.2.  Ensure that the use of the platform complies with all applicable laws and regulations.

7.3.  Pay for your desired course as seen on our Platform.

 

8.     Our Intellectual Property terms

8.1.  We own all intellectual property rights in the Platform. These rights are protected under applicable copyright laws and all such rights are reserved. You may not reproduce or modify the Platform without a license to do so from us.

8.2.  We own all rights, titles, interests, in and to the Platform, including all rights under patents, copyrights, design rights, trade secrets, and any and all other proprietary rights. Any disassembling, decryption, extraction, re-use, re-engineer, reverse engineer, copying or more generally any act of reproduction, representation or transmission of the Platform, in part or in whole, without the authorization of NYE is strictly prohibited and may result in legal action.

8.3.  If you believe that our Platform may have infringed on your copyright in any manner, kindly contact us at info@naccima.com and we will immediately take steps to stop or remedy such breach.

9.     Warranties

You warrant to NYE that:

9.1.  You are of legal age.

9.2.  You will comply with this Terms and all applicable laws;

9.3.  You will ensure the truthfulness and accuracy of the information you provide to us;

9.4.  You will not use our service for any illegal activity.

10.  Disclaimer

10.1.  To the maximum extent permitted by law, this platform is provided “as is” and “as available,” and at your sole risk. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement.

11.  Limitation of Liability and Indemnity

You agree that under no circumstances will we be liable to you or any third party for any loss, remote or direct, that may be incurred by reason of your use of our Platforms, or an infiltration of NYE’s security systems, as long as we comply, prior to such infiltration, with industry standards of security controls under Nigerian laws. You also may not bring any action against us after the expiration of 2 years from the date the cause of action arose.

You will indemnify us fully for any loss or damage we may sustain when you fail to perform your obligations under this Terms of Use, or when you act contrary to any of the representations or warranties you made to us, or when you fail to comply with an applicable law.

UNDER NO CIRCUMSTANCES SHALL NYE BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE NYE’S SERVICES. IF YOU ARE DISSATISFIED WITH NYE’S SERVICE, OR WITH THIS TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES AND PLATFORM.

12.  Other things we’d like you to know about

12.1.                 Nature of our relationship

This relationship is governed by the laws of the Federal Republic of Nigeria. We are not by virtue of this Terms and Condition deemed to be in partnership with you. We are providing a service to you and that’s how we mutually agree that our relationship be construed.

12.2.                 Force Majeure

We will not be liable for any breach or delay in the performance of our obligations under this agreement if such breach or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, wars (including cyberwar), civil or military disturbances, acts of terrorism, sabotage, strikes, riots, epidemic, pandemic or acts of God or any cause beyond the reasonable control of NYE (we will refer to such circumstances as a “force majeure event”). Should a force majeure event occur we will provide you with notice and we will be excused from performance of the obligations being affected for as long as such force majeure event prevails.

12.3.                 Waiver

In the event that we do not exercise any of our rights under this Terms and Conditions, you understand and agree that it is not an indication that we have waived such rights. We may elect to exercise those rights in the future at a time of our choosing.

12.4.                 Assignment and amendments

You cannot assign the rights we give to you under this Terms and Conditions without a written notice from us, and we will act with reason in the determination of whether to grant or withdraw our consent. You do not also have the right to amend any of the provisions of this Terms and Conditions unless you and NYE mutually agree to those terms and execute a written addendum.

12.5.                 Termination

You will be deemed to have terminated your assent to this Terms and Condition when you cease to use our service. We may revoke access to our services and by effect terminate the agreement created by this Terms without notice if (i) we have good grounds to believe that you acted contrary to this Terms and Condition (ii) there has been a request and/or order for such termination from any law enforcement, a judicial body, or other government agency (iii) there have been suspicions of fraud or illegality or any use of our Platform or services for money laundering, terrorist financing or proliferation financing.

12.6.                 Disputes

Where you or NYE have any dispute on the nature of our agreements, relationship or this Terms and Condition, you and NYE will try to resolve the dispute amicably by negotiation in good faith. Where this dispute is not resolved by amicable negotiation in 15 days, any one of you or NYE may refer the dispute to a mutually appointed Mediator in Lagos. The Mediation shall be conducted in English and in accordance with the arbitration and conciliation act in force in Nigeria.

12.7.                 Disclosures, Notices and Electronic Communication

You agree that NYE can provide notices regarding our services to you by posting it on our Website. Notices may include notifications about periodic maintenance and system upgrades or other information we are required to provide to you. You also agree that posting notices on our website has the same legal effect as if we provided you with a physical copy. We will consider a notice to have been received by you as soon as it is posted on our Website.

14.  Contact Us

For any complaints, comments, feedback, requests for technical support, please contact us here info@naccima.com.

15.  Version Control

This is the first version of this Terms and Conditions and if there is an update, the last updated date above will be amended.