For your convenience we have listed below some general information about ourselves.
MyTopGrade is distributed by MyTopGrade Educational Resource Ltd.
Formation of contract: Browse our information
This website contains information about the Service which you will need to know before you register. The information about the Service on our website constitutes an “invitation to treat” and is not a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without liability to you. It also means that under no circumstances will we be contractually bound to supply you with the Service on the basis of any incorrect information, even if that information is repeated in your registration.
Submit your registration: If you wish to proceed with your registration you should click the “Register” or “Sign Up” button. Input errors can be corrected at any time up to the point at which you submit your registration.
Wait for verification: On receipt of your registration we will send you an email verification message confirming your details and the service to which you have registered. You may not assume we have accepted your registration until we send you verification by email. Only if and when you receive verification will we have a binding contract between us. We will be entitled to refuse to accept your registration if at our sole discretion we consider it necessary.
General terms Limited rights to use content: All materials displayed on the Service (“Content”) belong to us or our licencors. Students are permitted to: Retrieve and display the Content on a computer screen in order to use the Service for their own personal use; and Print individual pages on paper and store individual pages in electronic form on disk and on their computer.
Unless you have our prior written permission you (or any Student) are not permitted to:
Redistribute any of the Content (including by using it as part of any library, archive or similar service);
Retrieve and display or print the Content for anyone other than another Student;
Remove copyright or trade mark notices from any copies of the Content made under this Agreement;
Create a database in electronic or structured manual form by downloading and storing all or any of the Content; or Except as expressly permitted above modify, reproduce, publish or in any way commercially exploit any of the Content. Nor may you permit or enable a third party to do any of these acts on your behalf.
Subscription Fees: The fees payable for subscriptions (“Subscription Fee”) as well as any applicable value added tax are as set out on our website from time to time. We reserve the right to vary the Subscription Fee upon renewal of your subscription by notice in writing.
The Subscription Fee is payable in advance. You may elect to pay the Subscription Fee online by credit or debit card or offline by direct deposit, money order or cheque in Nigerian Naira. We cannot accept any other form of offline payment. We shall be under no obligation to provide the Service until the Subscription Fee has been paid in full.
For Non-Recurring Subscriptions: Your subscription will not be automatically renewed upon expiry of the subscription. We may send you a courtesy reminder by email advising when your subscription is due to expire. You will be given the option to renew your subscription upon payment of a further Subscription Fee.
Refund, Cancellation & Pack Expiration Policy: No refund or cancellation is permitted once the user has completed a transaction at Mytopgade.com for study packs etc. (Valid only for purchases made through Mytopgade.com). At Mytopgade.com, the Pack expires as per the validity suggested at the time they are purchased.
Warranties: We warrant that:
we have the right to permit you to use the Content in accordance with these terms and conditions. Because of the nature of the Content, the sources from which it is obtained, errors and omissions may occur and we do not give any other warranties in relation to the Service. In particular, (but without limitation): we do not warrant the accuracy and completeness of the Content; and we do not warrant that the Service will be free from infection by viruses or anything else with contaminating or destructive properties or that the Service will be free from attack. Accordingly, to the fullest extent permitted by law, we exclude all representations, warranties, conditions and other terms which but for these terms and conditions might have effect in relation to the Service.
Limitation of Liability: If you notify us of a fault in relation to the Service, we will, at our option, use reasonable endeavors to remedy the fault. Except as set out above, we shall have no liability to you, to any Student or any other person for any direct or indirect loss, damage or expense (including without limitation loss of opportunity, loss of profits or anticipated revenue or earnings, loss of data, business or goodwill) howsoever arising out of any fault or problem relating to the Content or the Service.
If a court does decide we are liable to pay compensation, that compensation will be limited to the amount of any purchase price paid by you in relation the Service. Nothing in this paragraph of these Terms and Conditions (or in any other paragraph) is intended to limit any rights you (or any Student) might have as a consumer or other statutory rights that may not be excluded by law, nor in any way to exclude or limit our liability for any death or personal injury resulting from our negligence or for fraudulent misrepresentation.
Liability: Disclaimer and Indemnity: You agree that while every reasonable effort is made to keep this Website running smoothly, we take no responsibility for, and will not be liable for this Website being temporarily unavailable. You agree that the information contained on this Website is provided by Us without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of fitness for any particular purpose, or non-infringement. You agree that You are aware that information may include errors or inaccuracies.
You agree that you have no right to make any kind of legal claim against Us for anything to do with this Website or the content on this Website. In other words, you agree to defend, indemnify and hold the Us harmless from and against any claims, actions or demands, and liabilities including without limitation, reasonable legal and accounting fees, resulting from, or alleged to, Your use of this Website.
You agree that the indemnity in the previous paragraphs applies to all the directors, investors, partners, employees, agents, suppliers, consultants, associates, heirs and assigns of MyTopGrade Educational Resource Ltd. Those people and entities aren’t parties to this agreement, so MyTopGrade Educational Resource Ltd accepts the benefit of Your agreement on their behalf. In other words, the acceptance by MyTopGrade Educational Resource Ltd of the benefit is solely as a stipulatio alteri and does not create any liability, partnership or agency between the person or entity benefited and the MyTopGrade Educational Resource Ltd.
By using this Website, you are communicating that you understand that unauthorized use of this Website or failure to adhere to these Terms and Conditions may give rise to Us instituting a claim for damages or statutory- or criminal offence against You, for which You may be found guilty.
Notices: All notices shall be given to us via email at the address given in Part 1 above; or to you at either the email or postal address you provide during the subscription process. Notices shall be deemed received when an email is received or 3 days after the date of posting.
General: We may transfer and/or assign our rights and/or obligations under this Contract. This will not affect your rights under this contract. You (or any Student) may not transfer any of your rights or obligations under this Contract without our prior written consent. If you breach this contract and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach this Contract.
This Contract (as defined in Part 2 paragraph (5)), represents the entire terms agreed between the parties in relation to its subject matter and may be amended only by our agreement in writing.
We shall have no liability to you for any failure to deliver the Service to you or for any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of this Contract is unenforceable (including any provision in which we exclude our liability to you) the enforce-ability of any other part of this contract will not be affected. This contract shall be governed by and construed in all respects in accordance with Nigerian law and you agree to submit to the non-exclusive jurisdiction of the Nigerian Courts.
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