Terms and Conditions
Welcome to Manifested Publishers Limited.
Manifested Publishers Limited (hereinafter referred to as “provider” or “MANIFESTED”) is an online learning system under the internet domain www.https://www.manifestedpublishers.com which you can use to obtain online academic video lectures and books.
With your registration with MANIFESTED you (hereinafter referred to as “user”) agree to these terms and conditions of business. By completing the registration you enter into a valid contract with the provider. Please read these Terms and conditions carefully, as they make up the legal framework applying to the use of our content.
The content is professionally produced. To allow for a high standard of technology and learning material, fees are necessary. However they are not charged without explicit warning to the user. MANIFESTED exclusively addresses private individuals or final consumers, so that only they may be registered.
Definitions: In these Terms, the following expressions shall have the meanings set against them unless the context is inconsistent therewith:
- "Subject content" means any documentation, class illustrations, web pages, videos, or online lectures provided as part of the content;
- "On-Line Tuition" means subject content delivered via the Web;
- "Website" refers either to the website at www.manifestedpublishers.com and "you" means the individual purchasing the subject content from MANIFESTED.
- "Fee" means the fee payable for the subject content.
- Payment TermsIn order to purchase a subject via the Website you must register for an online MANIFESTED account via the Website. If you already have an online MANIFESTED account, you can log onto your account using the user name and password that you chose when you registered.
- The Fee for any subject at any given time will be displayed on the Website. Fees are quoted in Kenya Shillings.
- The price of each subject is subject to change at any time at MANIFESTED’s sole discretion prior to the date of purchase. You must check the Website for the current prices before ordering any subject.
- Except where subjects are sold together by MANIFESTED in one bundle for a single price, where your order consists of multiple subjects, each individual subject will be treated by MANIFESTED as a separate offer to purchase.
- Payment for all Courses shall be made before the commencement of the training and the payment shall be made in Kenya Shillings via Mpesa mobile money transfer or such other method as may be specified by MANIFESTED from time to time.
- Following receipt by MANIFESTED of your payment for a subject via the Website, you will receive an automated email confirming that your payment has been received by MANIFESTED.
- Subjects purchased cannot be cancelled and may not be transferred to other individuals.
- A legally binding agreement shall not come into existence until MANIFESTED has accepted your offer to purchase a subject by receiving payment for the subject from you.
- Access to ContentThere will be two semesters each calendar year, the first one starting from January to June; the second one running from July to December each year. You may purchase a subject at any time during the semester. You will have access to the subject you have purchased from the purchase date until the end of the semester for which you have enrolled.
- By entering into this agreement, you acknowledge that the training is for your exclusive use only. Use or sharing of your user name and password by another user is not permitted and is cause for immediate termination of this agreement without notice to you.
- You are solely responsible for maintaining confidentiality of your login credentials, and for all activities that occur under your user name and password. You agree to immediately notify MANIFESTED if you become aware of, or have reason to believe that there is any unauthorized use of your account, or any breach of security. You agree to take all reasonable steps to stop such unauthorized use and cooperate with MANIFESTED in any investigation of such unauthorized uses or infringements of MANIFESTED’s intellectual property rights in the content.
- MANIFESTED shall have the sole right, at its expense, to bring any action on account of such infringements or unauthorized uses. MANIFESTED is in no way liable for any claims related to the use or misuse of your User name and password due to activities of any third party outside of our control or due to your failure to maintain their confidentiality and security.
- On acceptance of your Order we will grant you a non-transferable, non-exclusive license to use the Content for educational and personal training purposes. The license will expire at the end of the semester for which you will be enrolled.
- The license granted to you is strictly limited to you and you shall use the content solely for the purposes of education or personal training; not for commercial purposes.
- Except as expressly set out in this license, you undertake
- Not to attempt to download or copy the Content except where such downloading or copying is expressly permitted by MANIFESTED.
- Not to rent, lease, sub-license, loan, translate, adapt, vary or modify the Content materials;
- Not to alter or modify the whole or any part of the training materials nor permit the Content or any part of them to be combined with or become incorporated into any other materials;
- You may incur charges to your internet service provider while you are accessing the content on this subject. Charges may also be payable to third parties for use of any software necessary to access the Content. You are responsible for paying these charges.
- You will not grant sub-licenses, in whole or in part, of any of the Content or of any of the rights granted to you.
- Modifications to content of existing subjects or technology enhancementsFrom time to time, MANIFESTED may make modifications, enhancements or issue clarifications. We reserve the right to change, modify, substitute or remove without notice any information in the material or video lectures from time to time.
- These Terms and Conditions, and any other matters arising out of or in relation to these Terms and Conditions, are governed by and construed in accordance with the laws of Kenya. You agree to submit to the exclusive jurisdiction of the Kenyan courts to settle any disputes which may arise out of or in connection with these Terms and Conditions.
- Limitation of liability
MANIFESTED shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
- indirect or consequential losses;
- loss of income or revenue;
- loss of business;
- loss of anticipated savings; or
- loss or corruption of data.
MANIFESTED's maximum aggregate liability to you for any claims that you may have against MANIFESTED for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, shall be limited to the amount of the Fee which has been paid, or is payable by you.
The subject content is for training purposes only. MANIFESTED will not accept any responsibility to any party for the use of the tuition provided and/or the contents of the website other than training for educational purposes, including but not limited to the giving of advice by you to any third party.
- Warranties & Service ExclusionsMANIFESTED warrants that the subject content and the Website shall be provided with reasonable skill and care by qualified and experienced consultants, and that the subject Materials will be of reasonable quality. MANIFESTED will use reasonable endeavors to ensure that the content is accurate and to correct any errors or omissions as soon as practicable after being notified of them. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained in the content. We do not guarantee that the material will be fault free and do not accept liability for any errors or omissions.
- You rely on the training and its contents at your own risk. There are no representations or warranties of any kind, either express or implied, including, but not limited to: No representations or warranties of merchantability or fitness for a particular purpose; no representations or warranties as to the accuracy or completeness of service.
- Downtime: MANIFESTED will endeavor to make the Website and the Content available but cannot guarantee that the Website and/or the content will operate continuously or without interruptions which could affect use of the Website and/or the content.
- Other Links: The content and/or the Website may provide links to other websites, which are not under the control of MANIFESTED. MANIFESTED shall not be responsible in any way for the content of any such other websites. You acknowledge that MANIFESTED provides such links only as a convenience. The inclusion of any link does not imply any kind of endorsement by MANIFESTED.
- Service Exclusions: The Website and/or the subject content are provided for general information and illustrative purposes only and do not constitute financial, legal or other professional advice. MANIFESTED will not accept any responsibility or liability for any loss which may arise from reliance on information contained on the Website and/or in the Content.
- Limited Warranties: The above warranties are MANIFESTED’s only warranties and no other warranty or condition, express or implied, will apply to the supply of the Content, or any other matter covered by these Terms. No warranty is given that the subject content will be fit for any particular purpose.
- Intellectual propertyAt all times, MANIFESTED, remains the owner of the intellectual property of the content. No subject content or any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of MANIFESTED.
- In consideration of receipt by MANIFESTED of the Fee, MANIFESTED grants to you a non-exclusive, non-transferable license to use the content for private and educational use. Any commercial use, copying, downloading, distribution, transmission or publication of the whole or any part of the subject content and/or the Website is strictly prohibited without the express prior written consent of MANIFESTED.
- You may not modify, copy, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the subject content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the application or create derivative works based on the whole of or any part, of the content.
- None of our Content may be copied, reproduced, uploaded, posted, displayed (whether in a classroom or otherwise) or linked to in any way or in whole or in part without our prior permission and you must not allow anyone else to access our website via your login details. Any such use is strictly prohibited and would constitute an infringement of our intellectual property rights.
- The limited license issued is a single user license for a subject content you have purchased. Do not allow or permit any part of them to be accessed or used by other users. This will be an infringement of our intellectual property rights. We are able to track and monitor access to the subject content to establish if multiple users are using a single license. If such multiple use is established, we will notify you and your access to the subject content will be suspended permanently without any liability on our part.
- We also reserve the right to pursue all available remedies against you for intellectual property right infringement.
- Final ProvisionsAgreements between the provider and the user shall be subject to the laws of Kenya. You agree to submit to the exclusive jurisdiction of the Kenyan courts to settle any disputes which may arise out of or in connection with these Terms and Conditions.
- Should individual points of these terms and conditions be legally invalid, the remaining portions hereof shall be unaffected and remain binding.
- Third Parties: These Terms are not intended to, and do not, give any person who is not a party to them any right to enforce any of their provisions.
- Assignment: The benefits and obligations conferred by these Terms upon you are personal to you and shall not be assigned, delegated, transferred, sub-contracted or encumbered or otherwise made available or disposed of without the express prior written consent of MANIFESTED.
- MANIFESTED shall have the right, at any time by serving written notice on you (which notice may be served by the sending from our server of an e-mail to the e-mail address set out on the Registration Form), to cancel your registration and access to the Website and/or the content if you are in breach of any material term of these Terms. MANIFESTED reserves the right, in its sole discretion, to suspend your registration and/or access to the Website and/or the content at any time without notice.
- The provider reserves the right to modify these Terms and Conditions at any time and without indicating the reason for such modification, as far as those modifications are based upon changes in the services provided by the provider, changes of the MANIFESTED or upon legal changes or changes due to technical requirements. This includes the provider offering new services. The modified Terms and Conditions shall be sent to the user in advance by email. If the user does not object to the modified Terms and Conditions within a period of two weeks, they are deemed to be accepted.