Terms of Service

Effective Date: December 18, 2024 G.C.

These Terms of Service ("Terms") govern your access and use of the websites, applications, products, services, and learning platforms (collectively, the "Services") provided by MemhirET Software Technologies ("MemhirET," "we," "our," or "us"), a subsidiary of SY Enterprises PLC, having its principal place of business at St. Rufael Building, Woreda 13, LemiKura Subcity, Addis Ababa, Ethiopia ("SY Enterprises").

These Terms apply to all users, including learners, educators, administrators, and visitors. The Services provided under the MemhirET suite of educational products, collectively known as "METT," primarily consist of personalized test preparation materials, study guides, and various add-ons designed to enhance the learning and exam readiness of our users.

1. ACCEPTANCE OF TERMS

1.1 Legal Capacity

By using the Services, you represent that you have the legal capacity to enter into these Terms, are at least the age of majority in your jurisdiction, or have the consent of a legal guardian.

1.2 Modification of Terms

We reserve the right, in our sole discretion, to modify or update these Terms at any time. Any changes will become effective when we post the updated Terms.

1.3 Additional Terms

Certain areas, features, or functionalities of the Services may be subject to additional rules, guidelines, or terms of service.

2. DESCRIPTION OF SERVICES

2.1 Personalized Test Prep and Study Guides

The Services primarily consist of digital educational content designed to help users prepare for examinations and assessments, including personalized test preparation, customized study guides, and related add-on features.

2.2 Add-On Features

We may offer optional add-ons, such as advanced analytics, one-on-one coaching sessions, supplemental course materials, and additional practice resources.

2.3 No Guarantee of Results

While our Services aim to enhance learning outcomes and improve readiness for exams, MemhirET does not guarantee that users will achieve any specific results, scores, or academic, professional, or personal outcomes. Actual results vary based on individual effort, background knowledge, and other factors outside our control.

2.4 Access to Services

Access to certain features or content may require payment of fees, registration, or acceptance of additional agreements. You are responsible for the devices, software, and internet services necessary to access and use the Services.

3. USER ACCOUNTS

3.1 Registration

To access certain portions of the Services, you may be required to create an account. You agree to:

  • Provide accurate, complete, and current information as prompted by the registration form.
  • Maintain and promptly update your account information as necessary.
  • Maintain the security of your password and accept all risks of unauthorized access to your account.

3.2 Account Responsibilities

You are responsible for all activities that occur under your account. If you suspect unauthorized use, you must immediately notify MemhirET. We are not liable for any losses or damages arising from unauthorized use of your account.

3.3 Account Suspension or Termination

We reserve the right, at our sole discretion, to suspend or terminate your account and/or access to the Services at any time, with or without notice, for any reason, including violation of these Terms.

4. USER CONDUCT AND OBLIGATIONS

4.1 Lawful Use

You agree to use the Services only for lawful purposes and in compliance with all applicable local, national, and international laws and regulations, including those of the Federal Democratic Republic of Ethiopia.

4.2 Prohibited Activities

You agree not to:

  • Harass, threaten, defame, or harm other individuals or groups.
  • Post, upload, or transmit any content that is unlawful, infringing, defamatory, obscene, or otherwise objectionable.
  • Impersonate any person or entity or misrepresent your affiliation with a person or entity.
  • Engage in data mining, scraping, harvesting of personal information, or other unauthorized data collection.
  • Attempt to gain unauthorized access to the Services, servers, or networks.
  • Interfere with or disrupt the Services, servers, or networks connected to the Services.
  • Upload or transmit any viruses, worms, or other malicious code.

4.3 User Content

If you post, upload, or otherwise submit any User Content, you represent and warrant that you own or have all necessary rights to such content, and that it does not violate any third-party rights. You grant MemhirET a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that User Content in connection with the Services.

5. INTELLECTUAL PROPERTY

5.1 Ownership

All materials, content, and features provided by MemhirET, including text, graphics, trademarks, logos, designs, images, photographs, videos, animations, software, and the "look and feel" of the Services (collectively, the "MemhirET Content"), are owned by or licensed to MemhirET, SY Enterprises, or their licensors, and are protected by intellectual property laws in Ethiopia and other jurisdictions.

5.2 License to Use the Services

Subject to these Terms, MemhirET grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for your personal, non-commercial educational use. You may not copy, modify, distribute, sell, lease, or otherwise exploit the MemhirET Content without prior written consent.

5.3 Trademarks

The trademarks, service marks, trade names, and logos (the "Trademarks") used in connection with the Services are our registered and unregistered Trademarks or those of our licensors. Nothing herein grants you any license or right to use any Trademarks without our prior written permission.

6. FEES, PAYMENTS, AND REFUNDS

6.1 Pricing and Fees

Certain features, study guides, test prep packages, or add-ons may require the payment of fees. All fees will be clearly indicated and are exclusive of any applicable taxes.

6.2 Payment Methods

Payments may be processed through third-party payment processors. By providing your payment information, you represent and warrant that the information is accurate, and that you are authorized to use the designated payment method.

6.3 Refunds

Refunds, if available, will be governed by our then-current refund policy. All refund requests must be made within the timeframe and under the conditions specified in that policy. We reserve the right to deny refund requests that do not meet our criteria.

7. THIRD-PARTY LINKS AND RESOURCES

7.1 Third-Party Content

The Services may include links or references to third-party websites, services, or resources not owned or controlled by MemhirET. We are not responsible for the content, privacy policies, or practices of any third-party websites or services.

7.2 No Endorsement

Inclusion of any link does not imply endorsement by MemhirET. Your use of third-party websites and resources is at your own risk.

8. DISCLAIMER OF WARRANTIES

8.1 As-Is and As-Available Basis

The Services, including all content such as personalized test prep materials and study guides, are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

8.2 No Guarantee of Error-Free Operations

MemhirET does not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not guarantee the accuracy, completeness, or reliability of any content.

8.3 Educational Purpose Only

The Services are intended for educational purposes. MemhirET disclaims any responsibility for actions taken based on the educational content. You are encouraged to verify any information before relying on it, particularly for high-stakes examinations or certifications.

9. LIMITATION OF LIABILITY

9.1 Indirect Damages

To the fullest extent permitted by law, MemhirET, SY Enterprises, and their officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, goodwill, or other intangible losses.

9.2 Aggregate Liability

To the fullest extent permitted by applicable law, the total liability of MemhirET, SY Enterprises, and their affiliates for any claims arising under these Terms shall be limited to the amount you paid to MemhirET for the Services in the twelve (12) months preceding the event giving rise to the claim.

9.3 Local Laws

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MemhirET, SY Enterprises, and their affiliates, officers, directors, employees, and agents from and against any and all claims, damages, costs, liabilities, and expenses (including attorneys' fees) arising out of or related to:

  • Your use of the Services.
  • Your violation of these Terms.
  • Your violation of any applicable law or regulation.
  • Your User Content.

11. TERMINATION

11.1 Right to Terminate

We may terminate or suspend your access to the Services immediately, without notice, for any reason, including if you breach these Terms.

11.2 Effect of Termination

Upon termination, your right to use the Services ceases. All provisions that by their nature should survive termination shall continue in effect.

12. PRIVACY

Your privacy is important to us. Our Privacy Policy, incorporated by reference into these Terms, explains how we collect, use, and disclose information related to your privacy. By using the Services, you agree to the terms of our Privacy Policy.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms and any related disputes shall be governed by and construed in accordance with the laws of the Federal Democratic Republic of Ethiopia, without regard to conflict of law principles.

13.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Addis Ababa, Ethiopia. You waive any objection to such jurisdiction or venue.

14. ELECTRONIC COMMUNICATIONS

By using the Services or sending us emails, you consent to receive electronic communications from us. All agreements, notices, disclosures, and communications we provide electronically satisfy any legal requirement that such communications be in writing.

15. FORCE MAJEURE

MemhirET shall not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, strikes, governmental action, failure of internet services, or equipment failures.

16. ASSIGNMENT

You may not assign or transfer these Terms or any rights or obligations without our prior written consent. MemhirET may assign its rights and obligations under these Terms without restriction.

17. ENTIRE AGREEMENT

These Terms, along with any additional agreements or policies referenced herein, constitute the entire agreement between you and MemhirET concerning the Services and supersede all prior or contemporaneous communications and proposals.

18. SEVERABILITY

If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

19. NO WAIVER

No waiver by MemhirET of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

Contact Information

If you have any questions or concerns about these Terms or the Services, please contact us:

MemhirET Software Technologies

SY Enterprises PLC

St. Rufael Bldg, Woreda 13,

LemiKura Subcity, Addis Ababa, Ethiopia

contact@memhiret.com

+251 977 16 23 91

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.