Terms and Conditions – Ennys Consultancy

Terms & Conditions

Enny’s Consultancy Terms of Service

Last Updated 26^th March 2021

Enny’s Consultancy Limited operating as Enny’s Consultancy (“our,” “us” or “we”), provides an online platform known as ENNY’S CONSULTANCY that TRAINS AND CONNECTS qualified teachers to ESL Companies across the world seeking English Teaching services and other services related thereto (collectively, the “Services”) through our website, accessible at www.ennysconsultancy.com (the “Site”). The Services include the ability for Teachers (as defined below) to interact via the Enny’s Consultancy platform’s interface or other methods as may be made available by Enny’s Consultancy from time to time for training to become QUALIFIED TO PROVIDE English Teaching services and to connect them to ESL Companies that require English Teaching Services.

These Terms of Service govern your access to and use the Site, the Services, and the Collective Content (as hereinafter defined) and constitute a binding legal agreement between you and Enny’s Consultancy.

1. DEFINITIONS

(a) “Account” means the profile you create by registering as a Teacher on the Site in accordance with these Terms of Service.

(b) “Affiliates” means a company that schedules English Teaching Services for or on behalf of a student or group of students through Enny’s Consultancy.

(d) “Collective Content” means Enny’s Consultancy Content and the Teacher’s Content.

(e) “Teacher” means a Teaching or educational services provider accessible to Affiliates via Our Site after undergoing the mandatory training period.

(f) “Enny’s Consultancy Content” means Content that Enny’s Consultancy makes available through the Site or the Services, including any Content licensed from a third party.

(g) “Teacher Services” means any English teaching or educational services that a Teacher may provide to Affiliates related to the Services.

(h) “Teacher Content” means Content that a Teacher post, uploads, publishes, submits, or transmits to be made available through the Site or Services in connection with the Teacher Services or otherwise, including, without limitation, questions and related answers posted by Teachers via the Services.

(i) “Training” means mandatory self-paced training facilitated by Enny’s Consultancy to prepare Teachers to deliver English Teaching Services.

2. DISCLAIMER

As a Teacher, these terms of use govern your use of this Service alongside the “Teacher Endorsement Contract “and Enny’s Consultancy’s applicable policies.

THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES THE CONNECTION OF TEACHERS FEATURED ON THE SITE TO AFFILIATES TO PROVIDE ENGLISH TEACHING SERVICES.

YOU UNDERSTAND AND AGREE TO THE MANDATORY TRAINING PERIOD TO BE CONDUCTED BY ENNY’S CONSULTANCY.

YOU UNDERSTAND AND AGREE THAT ALL EXPENSES INCIDENTAL TO YOUR TRAINING ARE TO BE BORNE BY YOU.

YOU UNDERSTAND AND AGREE THAT ENNY’S CONSULTANCY DOES NOT GUARANTEE HIRING FOR ENGLISH TEACHING SERVICES UPON THE COMPLETION OF THE MANDATORY TRAINING.

YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT ACCEPT TO OFFER SERVICES TO AFFILIATES WITHOUT THE FACILITATION OF ENNY’S CONSULTANCY. PROVIDED THAT WHERE YOU DO ACCEPT TO PROVIDE SUCH SERVICES, IT IS A BASIS FOR INSTANT REVOCATION OF YOUR ACCOUNT.

YOU UNDERSTAND AND AGREE THAT ENNY’S CONSULTANCY IS NEITHER A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN A TEACHER AND AN ESL COMPANY, NOR DOES ENNY’S CONSULTANCY HAVE ANY CONTROL OVER THE TEACHING SERVICES OR THE CONDUCT OF TEACHERS AND OTHER AFFILIATES OF THE SITE AND SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN TEACHERS AND ANY OF AFFILIATES OR ANY OTHER THIRD PARTIES AND ANY PURCHASES OF TEACHING SERVICES PROVIDED BY TEACHERS ARE DONE AT THE PARTIES’ SOLE RISK.

YOU UNDERSTAND AND AGREE THAT ENNY’S CONSULTANCY SHALL NOT BE LIABLE FOR LOSS OF INCOME OR JOB RESULTING FROM UNPROFESSIONAL ACTS OF THE TEACHER DURING THE COURSE OF PROVIDING TEACHING SERVICES.

3. CONFLICT OF TERMS

Certain areas of the Site (and your access to or use of certain Services or Collective Content) may be subject to different terms and conditions as posted therein or thereon and may require that you agree with and accept such additional terms and conditions; provided, however, that if there is a conflict between these Terms of Service and ANY OTHER legal agreement posted for and which pertain to a specific area of the Site, Services or Collective Content, these Terms of Service will govern.

4. ACCEPTANCE OF TERMS

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING, USING THE SITE OR SERVICES, USING YOUR ENNY’S CONSULTANCY ACCOUNT, BY POSTING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES IN CONNECTION WITH YOUR TEACHER SERVICES OR OTHERWISE, YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms of Service on behalf of a corporation or other legal entity, you represent and warrant that you have the authority to bind that corporation or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that corporation or other legal entity.

YOU AGREE TO PAY A NON-REFUNDABLE REGISTRATION FEE OF 35,000.00 (THIRTY -FIVE THOUSAND NAIRA ONLY) AT THE POINT OF ACCOUNT CREATION, WHICH ENTITLES YOU TO LIFETIME MEMBERSHIP.

5. SITE AND SERVICE OPERATION

You acknowledge and agree that:

that the Site and Services are intended to facilitate the provision of Teaching Services via our online platform and its video and text chat and document collaboration interface and other mediums that will be utilised from time to time;
That the Site and services shall include teachers’ training and the provision of necessary resources in text, image, video, or other medium to provide qualitative English Language Services to Affiliates.
Enny’s Consultancy is not a provider of Teaching services;
Enny’s Consultancy’s role is solely to facilitate the Site and Services’ availability to Teachers and connect them to Affiliates upon completing the mandatory training.
Enny’s Consultancy is not a contracting agent or representative of any Teacher. Teachers are independent contractors and are not employees or agents of Enny’s Consultancy.

6. RELATIONSHIP OF PARTIES

You acknowledge and agree that the relationship between you and Enny’s Consultancy is that of an independent contractor, and nothing in these Terms of Service may be construed as establishing an employment or agency relationship between you and Enny’s Consultancy. You have no authority to bind Enny’s Consultancy by contract or otherwise. You will determine, in your sole discretion, the manner and means by which you provide Teacher Services in connection with these Terms of Service or as related to the Services or Site, subject to the requirement that you will at all times comply with applicable law. You acknowledge and agree that you are not and will not be entitled to any benefits paid or made available by Enny’s Consultancy to its employees, including, without limitation, any vacation, sick leave, or similar pay or benefit, or to participate in any plans, arrangements or distributions made by Enny’s Consultancy pertaining to any bonus, stock option, profit sharing, insurance or similar benefits, whether available to employees of Enny’s Consultancy or otherwise.

7. TEACHER ELIGIBILITY

To register as a Teacher, provide Teacher Services, and be eligible to receive payment for the Teacher Services you provide, you must register and create an Account and be 18 or older. By creating an account and registering as a Teacher, you represent and warrant us that you are 18 or older.

Upon registration, you must undergo the mandatory training conducted by Enny’s Consultancy. Upon completing the training and passing the certification exam, the Teacher is eligible to be connected to any Affiliate(s).

DISCLAIMER: COMPLETION OF MANDATORY TRAINING AND OBTAINING CERTIFICATION ARE NOT GUARANTEES FOR A PLACEMENT WITH AFFILIATES.

8. ACCOUNT REGISTRATION AND USAGE

(a) You can register to join as a Teacher by creating an account on ennysconsultancy.com.

(b) When you register with Enny’s Consultancy and set up your Account, you: (i) agree to provide Enny’s Consultancy with accurate and complete information; (ii) agree to promptly update your account information with any new information that may affect the operation of your Account; and (iii) authorise Enny’s Consultancy, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Account information or the information you provide to us related to any transactions you initiate via the Site and Services. You will not use false identities or impersonate any other person.

(c) You are responsible for safeguarding and maintaining the confidentiality of your Username, password, and corresponding Account information. You agree not to disclose your password to any third party and that you are entirely and solely responsible for any activities or actions that occur pursuant to the use of your Account, whether or not you have authorized such activities or actions. You will immediately notify Enny’s Consultancy of any unauthorized use of your Username, password, or Account.

(d) You agree that you will not permit, enable, introduce or facilitate: (i) persons who do not have an Account to have access to the features of the Site and Services only made available to registered Teachers; and (ii) other persons to participate in providing Teacher Services from your Account.

9. PRIVACY

You acknowledge and agree that you have reviewed, accept, and agree to the Enny’s Consultancy Privacy Policy, which is available at (insert a link to the privacy policy here) which policy governs Enny’s Consultancy’s collection and use of your “personal information” (as defined in the Enny’s Consultancy Privacy Policy).

10. REPRESENTATIONS AND WARRANTIES

If you register via the Site and Services as a Teacher, you represent and warrant to Enny’s Consultancy that you: (i) fluent in spoken English and can provide Teacher Services to Affiliates; (ii) that you are enthusiastic about providing English Teaching Services (iii) that you are computer literate (ii) will utilise paid Teacher Services time solely to provide Teacher Services only; (iii) will not share Intellectual property such as, videos, teaching materials, documents, information, contacts and job opportunities shouldn’t be transferred outside the Consultancy or with a third party. You understand and agree that Affiliates will contact you via your Account or through your e-mail as provided and request that you provide Teacher Services, but that you have no obligation to provide any Teacher Services and any Teacher Services you may choose to offer services in your sole discretion.

11. INTERACTIONS WITH AFFILIATES AND PROVISION OF TEACHER SERVICES

As a Teacher, you acknowledge and agree to the following:

(a) Enny’s Consultancy acts as a technology service that facilitates teachers’ teaching services to Affiliates. Enny’s Consultancy does not make editorial or managerial decisions concerning, or otherwise exercise control or supervision over, a Teacher’s Teacher Services, and Enny’s Consultancy will not be held responsible for any Teacher’s failure to comply with applicable laws or regulations. Without limiting the terms of the “Limitation of Liability” section below, Enny’s Consultancy is not responsible for using or exchanging any information, files, or goods between Teachers and Affiliates. Further, Enny’s Consultancy does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality, or applicability of anything said or written by Teachers or Affiliates, including, without limitation, the Teacher Services provided or other information made available through the Site and Services.

(b) You are solely responsible for your interactions with Affiliates. You understand that Enny’s Consultancy does not in any way screen Affiliates. Your use of the Site and the Services and your provision of Teacher Services is at your own risk and discretion. You agree to take reasonable precautions in all interactions with Affiliates and that you are solely responsible for, and agree to exercise caution, discretion, common sense, and judgment in, using the Site or providing Teacher Services and disclosing information, including any personal information to Affiliates, the provision of which is not required by the Site or the Services.

(c) Enny’s Consultancy reserves the right to contact Teachers and Affiliates, in compliance with applicable law, to evaluate compliance with Enny’s Consultancy’s rules and policies and these Terms of Service. If you believe that an Affiliate or another Teacher has violated the law or is defrauding, threatening, or otherwise endangering anyone, Enny’s Consultancy urges you to contact the police directly for assistance immediately.

(d) You will comply with all applicable local, provincial, federal and foreign laws, treatises, and regulations connected with your provision of Teacher Services.

(e) You are solely responsible for the Content of the communications, assistance, and direction you provide as part of the Teacher Services.

(f) You are solely responsible for all equipment necessary to access and use the Site and Services and provide Teacher Services.

(g) You will not record or otherwise store any Teacher Services session you provide through the Site or Services.

(h) You will not use the Site or Services or provide Teacher Services in any manner that harasses an Affiliate or another Teacher or could otherwise interfere with any other party’s use or enjoyment of the Site, Services, or Teacher Services provided by any other Teacher. You will respect the privacy of other Affiliates. You will not use the Site, Services, or Teacher Services for unwelcome, rude, or abusive communications or in any different disrespectful or detrimental manner, as determined by Enny’s Consultancy in its sole discretion.

(i) You will neither use the Site nor the Services to invite an Affiliate to meet in person, nor may you provide Teacher Services to an Affiliate outside of the Site or Services.

12. PAYMENTS

(a) If you register to use the Site and Services as a Teacher and provide Teacher Services via the Site and Services, you may be entitled to receive payment from Enny’s Consultancy for the provision of such Teacher Services. Enny’s Consultancy remits payment to teachers after deducting a charge of $2.50/ hour for individual classes and $3.00/hour for group classes.

(b) You acknowledge and agree that Enny’s Consultancy reserves the right, in its sole discretion, to establish, modify and revise the applicable payment terms upon which Teacher Payments are calculated at any time. Further, you acknowledge and agree that the rates applicable to your provision of Teacher Services may be higher or lower depending on the Affiliate to whom such Teacher Services are provided, which may relate to an agreement or arrangement between Enny’s Consultancy and Affiliate or a third party institution. Enny’s Consultancy will use reasonable efforts to inform you of the rate applicable to your provision of Teacher Services to a given Affiliate, provided that you will only be entitled to payment following the appropriate rate regardless of your awareness of the amounts thereof. Your continued provision of Teacher Services after being informed of the applicable percentage shall constitute your consent to such hourly rates upon which any Teacher Payment is calculated. If the modified rates for Teacher Payments are not acceptable to you, your only recourse is to cease providing Teaching Services via the Site and Services

(c) If any Teacher Payment sent to you by Enny’s Consultancy following these Terms of Service is later invalidated or reversed for any reason, including, without limitation, if we issue a refund per our agreement with the Affiliate who requests a refund in respect of Teacher Services received from you (a “Returned Payment”), you will be liable to Enny’s Consultancy for the total amount of such Teacher Payment that Enny’s Consultancy sent to you and any fees related to it. Enny’s Consultancy may set off any future Teacher Payments that are validly owing to you against such Returned Payments, failing which you will remain responsible for reimbursing Enny’s Consultancy in the event of any such Returned Payment.

In a situation where payment for teaching services offered to an Affiliate is paid directly to you, you shall pay Enny’s Consultancy its fee as agreed in 12 (a) of these terms of use. Provided that, failure to remit such fees accruing to Enny’s Consultancy gives us the right to set off any future Teacher Payments that are validly owing to you against such Unreturned Payments, failing which you will remain responsible for reimbursing Enny’s Consultancy in the event of any such Direct payment.

(d) To receive a Teacher Payment from Enny’s Consultancy, you will be required to create an account with PayPal, our third-party payment processor. Teacher Payments will be remitted to you via the Account you create with such a third-party payment processor. You are solely responsible for ensuring that you will be able to transfer money from your PayPal account.

(e) Payments are to be made in dollars, where a payment is made in Naira, it shall be done at the prevailing parallel market rate as at the day the transaction was conducted.

13. TAXES

You acknowledge and agree that you are solely responsible for determining your tax reporting requirements and any liability for taxes on income received or any other similar taxes, which relate to your receipt of any compensation (including Teacher Payments) from Enny’s Consultancy (“Taxes”), and that you will report to all government agencies having jurisdiction all income received by you for services performed in connection with these Terms of Service (including Teacher Services), the Services, or the Site. We cannot and do not offer tax advice to any Teachers. Furthermore, you agree to indemnify and save Enny’s Consultancy harmless from and against any claims, charges, penalties, or demands relating to the payment of taxes, which may be made against you by any government agency having jurisdiction (including, without limitation, the Federal Inland Revenue Service or the Internal Revenue Service of a State), requiring the payment of Taxes in respect of income received by you and in respect of any claims, charges, penalties or demands, which may be made on behalf of or related to any employment insurance or public pension or social security programs pursuant to applicable law, concerning any amount which may, in the future, be found to be payable by you or on your behalf.

14. NO ENDORSEMENT

Enny’s Consultancy does not endorse any Affiliate; we carry out due diligence and necessary background checks on prospective Affiliates. However, you are responsible for determining and confirming the Affiliates’ identity and suitability with whom you interact due to your use, or use by any third party, of the Site and Services. Enny’s Consultancy is not your agent or the agent of any Affiliate and will not be responsible for any damages or harm which results from your interactions, or those of anyone else, with Teachers or Affiliates. By using the Site or Services, you, and any third party that may use the Site and Services under your Account, agree as follows: (i) any legal remedy or liability that you or such third party seek to obtain for the actions or omissions of a Teacher, Affiliate or another third party will be limited to a claim against such Teacher, Affiliate or third party who caused you, or such third party, harm; and (ii) you will not attempt to impose liability on, or seek any legal remedy from Enny’s Consultancy concerning such actions or omissions. Accordingly, we encourage you to communicate directly with others you may come into contact with due to your use of the Site and Services.

15. OWNERSHIP

The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of Nigeria and foreign countries. You acknowledge and agree that the Site, Services, and Collective Content, including all associated intellectual property rights, are the exclusive property of Enny’s Consultancy and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.

16. ENNY’S CONSULTANCY LICENSES

Subject to your compliance with the terms and conditions of these Terms of Service, Enny’s Consultancy grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Enny’s Consultancy Content solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any Affiliate Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Terms of Service.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Enny’s Consultancy or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

17. LICENSE GRANTED BY TEACHER

You acknowledge and agree that you are solely responsible for all Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Site or Services, or you have all rights, licenses, consents, and releases that are necessary to grant to Enny’s Consultancy and the rights in such Content, as contemplated under these Terms of Service; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Enny’s Consultancy’s use of the Content (or any portion thereof) on, through or by means of the Site or Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

18. THIRD-PARTY SERVICES

You understand and agree that Teacher Services’ provision may require the use of a third-party website or Service (each a “Third Party Service”). Your use of any Third Party Service is voluntary. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software you may decide to use to provide the Teacher Services, including, without limitation, any costs, fees, expenses, and taxes of any kind related to use of any Third Party Service. Enny’s Consultancy will not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such Third Party Service.

19. FEEDBACK

If you decide to provide Feedback, comments, and suggestions for improvements to the Site or Services (“Feedback”), you may do so by e-mailing us at ennysconsultancy@gmail.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant us non-exclusive, worldwide, perpetual property rights that you own or control to use, copy, modify, create derivative works based upon otherwise exploit the Feedback for any purpose.

20. GENERAL PROHIBITIONS

You agree not to:

(a) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s copyright, trademark, patent, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity, or (vii) promotes illegal or harmful activities or substances.

(b) use, display, mirror, or frame the Site, or any individual element within the Site or Services, Enny’s Consultancy’s name, any Enny’s Consultancy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Enny’s Consultancy’s express written consent;

(c) access, tamper with, or use non-public areas of the Site, Enny’s Consultancy’s computer systems, or the technical delivery systems of Enny’s Consultancy’s providers;

(d) attempt to probe, scan, or test the vulnerability of any Enny’s Consultancy system or network or breach any security or authentication measures;

(e) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Enny’s Consultancy or any of Enny’s Consultancy’s providers or any other third party (including an Affiliate) to protect the Site, Services or Collective Content;

(f) attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and search agents provided by Enny’s Consultancy or other generally available third party web browsers;

(g) Send any unsolicited or unauthorised advertising, promotional materials, e-mail, junk mail, spam, chain letters, or other forms of solicitation;

(h) use any meta tags or other hidden text or metadata utilising an Enny’s Consultancy trademark, logo URL, or product name without Enny’s Consultancy’s express written consent;

(i) use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;

(j) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;

(k) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;

(l) interfere with, or attempt to interfere with, the access of any Affiliate, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;

(m) collect or store any personally identifiable information from the Site or Services from other Affiliates of the Site or Services without their express permission;

(n) impersonate or misrepresent your affiliation with any person or entity;

(o) violate any applicable law or regulation; or

(p) encourage or enable any other individual to do any of the foregoing.

Enny’s Consultancy will have the right to investigate and prosecute any of the above to the fullest extent permitted by applicable law. Enny’s Consultancy may involve and cooperate with law enforcement authorities in prosecuting Teachers who violate these Terms of Service. You acknowledge that Enny’s Consultancy has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so to operate the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Enny’s Consultancy reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Enny’s Consultancy, at its sole discretion, considers being in violation of these Terms of Service or otherwise harmful to the Site or Services.

21. LINKS

The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that Enny’s Consultancy is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Enny’s Consultancy of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

22. MODIFICATION

Enny’s Consultancy reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Service at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or notice the modification. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services.

23. TERMINATION AND ACCOUNT CANCELLATION

If you breach any of these Terms of Service, Enny’s Consultancy will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. Enny’s Consultancy reserves the right to revoke your access to and use the Site, Services, and Collective Content at any time, with or without cause. In the event Enny’s Consultancy terminates these Terms of Service for your breach: (i) you will remain liable for all amounts due hereunder; and (ii) Enny’s Consultancy will only remain liable for all validly outstanding, undisputed Teacher Payments owing to you as of the effective date of termination. You may cancel your Account at any time by sending an e-mail to ennysconsultancy@gmail.com.

You may terminate your agreement with Enny’s Consultancy by sending 30 days written notice to our e-mail to ennysconsultancy@gmail.com.

24. DISCLAIMERS

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. ENNY’S CONSULTANCY AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. ENNY’S CONSULTANCY DOES NOT WARRANT THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. ENNY’S CONSULTANCY DOES NOT WARRANT THAT PROVISION OF TEACHER SERVICES WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR OTHERWISE PROVIDE ANY ECONOMIC BENEFIT.

YOU ACKNOWLEDGE AND AGREE THAT: (A) ENNY’S CONSULTANCY DOES NOT OPERATE OR CONTROL THE INTERNET, AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (II) UNAUTHORIZED AFFILIATES (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS; (B) ENNY’S CONSULTANCY WILL NOT BE RESPONSIBLE FOR ANY OF THE FOREGOING ACTIVITIES; (C) YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS; AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ENNY’S CONSULTANCY OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TEACHERS AND OTHER AFFILIATES OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TEACHERS OR AFFILIATES VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT ENNY’S CONSULTANCY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF TEACHERS, AFFILIATES, OR OTHER AFFILIATES OF THE SITE OR SERVICES, NOR DOES ENNY’S CONSULTANCY MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF TEACHERS, AFFILIATES AND OTHER AFFILIATES OF THE SITE OR SERVICES. ENNY’S CONSULTANCY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF TEACHERS, AFFILIATES OR OTHER AFFILIATES OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE AFFILIATES OR AFFILIATES OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER AFFILIATES OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.

25. INDEMNITY

You agree to defend, indemnify, and hold Enny’s Consultancy, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms of Service, your access to or use of the Site, Services or Collective Content, your provision of any Teacher Services, and any claim made by a third party as a result of your use of the Site or Services or your provision of any Teacher Services, including any lawsuit alleging your infringement upon the copyrights, trademarks, trade secrets, patents or other intellectual property rights of such third party or in respect of your liability for Taxes, as outlined above under “Taxes.”

26. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER ENNY’S CONSULTANCY NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH TEACHERS, AFFILIATES OR OTHER AFFILIATES OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENNY’S CONSULTANCY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL ENNY’S CONSULTANCY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT EXCEED THE AMOUNT OF ALL TEACHER PAYMENTS ENNY’S CONSULTANCY HAS PAID TO YOU IN CONNECTION WITH YOUR PROVISION OF TEACHER SERVICES VIA THE SITE AND SERVICES DURING THE IMMEDIATELY PRECEDING 6-MONTH PERIOD. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ENNY’S CONSULTANCY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

27. PROPRIETARY RIGHTS NOTICES

All trademarks, service marks, logos, trade names, and any other proprietary designations of Enny’s Consultancy used herein are trademarks or registered trademarks of Enny’s Consultancy. Any other trademarks, service marks, logos, trade names, and other proprietary designations are their respective parties’ trademarks or registered trademarks.

28. CONTROLLING LAW AND JURISDICTION

These Terms of Service and any action related thereto will be governed by the Federal Republic of Nigeria’s laws applicable therein, without regard to conflicts of law provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will be the courts of Federal Capital Territory, Abuja, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

29. ENTIRE AGREEMENT

These Terms of Service constitute the entire and exclusive understanding and agreement between Enny’s Consultancy and you regarding the Site, Services, and Collective Content, and these Terms of Service supersede and replace any prior oral or written understandings or agreements between Enny’s Consultancy and you regarding the Site, Services, and Collective Content.

30. ASSIGNMENT

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Enny’s Consultancy’s prior written consent, which consent may be delayed or withheld by Enny’s Consultancy in its sole discretion. Any attempt by you to assign or transfer these Terms of Service without such consent will be null and of no effect. Enny’s Consultancy may assign or transfer these Terms of Service, in its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors, and permitted assigns.

31. NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: (i) by Enny’s Consultancy via e-mail (in each case to the e-mail address that you provide to us in establishing an Account, as you may amend from time to time); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

32. DISPUTE RESOLUTION

You and Enny’s Consultancy agree that any dispute, claim, or controversy between you and Enny’s Consultancy, or otherwise arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, “Disputes”) will be settled by binding Arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that such Arbitration will be governed by the Arbitration and Conciliation Act CAP 18 LFN 2004.

33. CHANGES

Notwithstanding the provisions of the “Modification” section above, if Enny’s Consultancy changes this “Dispute Resolution” section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by e-mail to ennysconsultancy@gmail.com within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Enny’s Consultancy’s e-mail to you notifying you of such change. By rejecting any change, you agree that you will arbitrate any Dispute between you and Enny’s Consultancy in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

34. GENERAL

Enny’s Consultancy’s failure The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Enny’s Consultancy. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.