Terms and Conditions

Terms and Conditions – Harambee Care LLC
This Terms and Conditions agreement (this “Agreement” or these “Terms and Conditions”) is between you, the User of this Website (“you” or "your”), and Harambee Care LLC, a Michigan limited liability company (“Harambee Care Academy”, “we”, “us” or “our”), the owner of this Website (as defined below). Your first use of the Website constitutes an agreement to comply with Sections 1, 2, 4-11 and 15-25 of these Terms and Conditions. Section 3 and Sections 12-14 hereof apply only to the sale of Services (as defined below). If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and our acceptance of that offer is deemed to occur upon our sending a confirmation email to you indicating that your order has been accepted.

DISCLAIMER: This Website Does Not Offer Medical Advice
 
Important note regarding health-related information: Your use of the services and any information provided on or in connection with the services is at your own risk. The services may include certain information regarding health-related issues. Such information is not intended as a substitute for professional medical advice, diagnosis or treatment, nor should it be construed as the provision of advice or recommendations and should not be relied upon as the basis for any decision or action, including without limitation the diagnosis or treatment of any health problem. The organization is not responsible for the accuracy or reliability of any such information. Such information is not exhaustive and should not be considered complete or up to date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information available through the services. The relationship between you and the organization is not physician-patient or similar relationships. Always seek the advice of your physician or other qualified health providers with any question you may have regarding a medical condition, and never disregard professional medical advice or delay in seeking it because of something you have read or heard on the services.

If you think you may have a medical emergency, call your doctor or 911 immediately. The organization does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the services. Reliance on any information provided by the organization, the organization’s employees, individuals providing information in connection with the services at the invitation of the organization, other visitors or users of the services and/or any other third party is solely at your risk.

1. Definitions and Interpretation.
In this Agreement, the following terms shall have the following respective meanings:

● “Account” means, collectively, the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communications System on the Website.

● “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.

● “Facilities” means, collectively, all online facilities, tools, services or information that Harambee Care Academy makes available through the Website either now or in the future.

● “Services” means the services available to you through this Website, including without limitation, the Harambee Care Academy proprietary e-earning platform.

● “Payment Information” means information submitted to purchase Services from this Website, including without limitation, credit/debit card numbers, bank account numbers and sort codes.

● “Premises” means 27432 Eight Mile Road, Farmington Hills, Michigan 48336.

● “System” means any online communications infrastructure that Harambee Care Academy makes available through the Website either now or in the future, including without limitation, web-based email, message boards, live chat facilities and email links.

● “User” or “Users” means any third party that accesses the Website and is not employed by Harambee Care Academy through Harambee Care LLC nor acting in the course of their employment.

● “Website” means https://harambee-care.learnworlds.com/ and any sub-domains of this site (e.g., subdomain.yourschool.com), unless expressly excluded by their own terms and conditions.

2. Age Restrictions
Persons under the age of 18 years should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers
These Terms and Conditions also apply to customers procuring Services during business.

4. Intellectual Property
● 4.1 Subject to the exceptions in Section 5 of these Terms and Conditions, all Content included on the Website that is not uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software, is the property of Harambee Care Academy, our affiliates and/or other relevant third parties. By continuing to use the Website, you acknowledge that this Content is protected by U.S. state and federal intellectual property laws and other laws.

● 4.2 Subject to Section 6 below, you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given our express written permission to do so.

5. Third Party Intellectual Property
● 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
● 5.2 Subject to Section 6 below, you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Harambee Care Academy or that of our affiliates. we assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.https://harambee-care.learnworlds.com

8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site without our prior permission.

Deep linking (i.e. links to specific pages within the site) requires our express written permission. To find out more please contact us by email at academy@harambeecare.org or call us at the following number: 888-565-7447.

9. Use of Communications Facilities
● 9.1 When using any System on the Website, you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
o 9.1.1 You must not use obscene or vulgar language.
o 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.
o 9.1.3 You must not submit Content that is intended to promote or incite violence.
o 9.1.4 It is advised that submissions are made using the English language as we may be unable to respond to inquiries submitted in any other languages.
o 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws.
o 9.1.6 You must not impersonate other people, particularly employees and representatives of Harambee Care Academy or our affiliates; and
o 9.1.7 You must not use our System for unauthorized mass-communication such as “spam” or “junk mail”.
● 9.2 You acknowledge that Harambee Care Academy reserves the right to monitor any and all communications made to us or using our System.
● 9.3 You acknowledge that Harambee Care Academy may retain copies of any communications made to us or using our System.
● 9.4 You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
● 9.5 The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
● 9.6 The Services are not tailored to comply with industry-specific regulations, such as the Health Insurance Portability and Accountability Act (HIPAA), so if your interactions would be subjected to such laws, you may not use the Services.
● 9.7 By directly sending us any question, comment, suggestion, idea, feedback, or other
information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
● 9.8 The Services may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution. You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
● 9.9 By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels. This license includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
● 9.10 By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
o confirm that you have read and agree with this Agreement and will not post, send,
publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
o to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
o warrant that any such Submissions and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
o warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
● You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of
(a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
● 9.11 Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

10. Accounts
● 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website, you represent and warrant that:
o 10.1.1 all information you submit is accurate and truthful;
o 10.1.2 You have permission to submit Payment Information where permission may be required; and
o 10.1.3 You will keep this information accurate and up to date. Your creation of an Account is further affirmation of your representation and warranty.
● 10.2 It is recommended that you do not share your Account details, particularly your username and password. we accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
● 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
● 10.4 When choosing your username, you are required to adhere to the terms set out above
in Section 9. Any failure to do so could result in the suspension, deactivation, deletion and/or termination of your Account.

11. Termination and Cancellation of Accounts
● 11.1 Either Harambee Care Academy or you may terminate your Account. If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
● 11.2 If we terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

12. Services, Pricing and Availability 
● 12.1 Whilst every effort has been mad to ensure that all general descriptions of Services available from Harambee Care Academy correspond to the actual Services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to Section 13.8 above for incorrect Services.
● 12.2 Where appropriate, you may be required to select the required Plan of Services.
● 12.3 We neither represent nor warrant that such Services will always be available and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
● 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
● 12.5 In the event that prices change during the period between the time an order is placed for Services and the time Harambee Care Academy processes that order and receives payment, then the price in effect at the time the order was placed shall apply.

13. Orders and Provision of Services
● 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your
order constitutes a contractual offer that we may, in our sole discretion, accept. We will indicate our acceptance of your offer by sending to you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between Harambee Care Academy and you.
● 13.2 Order confirmations under Section 13.1 above will be sent to you before the
Services begin and shall contain the following information:
o 13.2.1 Confirmation of the Services ordered including full details of the main
characteristics of those Services;
o 13.2.2 Fully itemized pricing for the Services ordered including, where
appropriate, taxes, delivery and other additional charges;
o 13.2.3 Relevant times and dates for the provision of the Services; and
o 13.2.4 User credentials and relevant information for accessing those services.
● 13.3 If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
● 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
● 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place
your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales, but this is not an essential term of the Contract, and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Section 14, will be affected.
● 13.6 Harambee Care Academy shall use all our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.
● 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us immediately to inform us of the mistake. We will ensure that any necessary corrections are made within five (5) working days. Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
● 13.8 Harambee Care Academy provides technical support via our online support forum and/or phone. Harambee Care Academy makes every effort possible to respond in a timely manner, but we do not guarantee a particular response time.

14. Cancellation of Orders and Services 
We want you to be completely satisfied with the Products or Services you order from Harambee Care Academy. If you need to speak to us about your Order, then please contact customer care at 888-565-7447, or by email at academy@harambeecare.org or write to us at our address. You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
● 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Harambee Care Academy and you are formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform us immediately using the following email: academy@harambeecare.org. Your right to cancel during the cooling off period is subject to the provisions of Section 14.2 below.
● 14.2 As specified in Section 13.6 above, if the Services are to begin within the cooling off period, you are required to make an express request to that effect. By requesting that the Services begin within the 14-calendar day cooling off period you acknowledge and agree to the following:
o 14.2.1 If the Services are fully performed within the 14-calendar day cooling off period, you will lose your right to cancel after the Services are complete.
o 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform us that you wish to cancel.
● 14.3 Cancellation of Services after the 14-calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

15. Privacy
Use of the Website is also governed by our Privacy Policy (found at: harambee-care.learnworlds.com/privacy), which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

16. How We Use Your Personal Information (Data Protection)
● 16.1 All personal information that we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
● 16.2 We may use your personal information to:
o 16.2.1 Provide our Services to you;
o 16.2.2 Process your payment for the Services; and
o 16.2.3 Inform you of new products and services available from Us. You may request that we stop sending you this information at any time.
● 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
● 16.4 We will not pass on your personal information to any other third parties without first
obtaining your express permission.

17. Disclaimers 
● 17.1 Visitors to the site or services agree that their use of, and reliance on any advice, content or information obtained from or through, the site or services is at their own sole risk. The site and services are provided “as is” and “as available.” the organization expressly disclaims, to the fullest extent permitted by law, any warranty of any kind, either express or implied, including without limitation: any warranties concerning the accuracy, timeliness, or completeness of the content of the site or services; any warranties of non-infringement, merchantability or fitness for a particular purpose. We do not represent, warrant or guarantee: that the services, any portion of the site or services, or e-mails sent from or on behalf of the organization are or will be free of infection by viruses, scripts, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or that access to the site or services will be interrupted or error-free. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
● 17.2 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with
all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
● 17.3 No part of this Website is intended to constitute advice, and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
● 17.4 No part of this Website is intended to constitute a contractual offer capable of acceptance.
● 17.5 Whilst we use reasonable endeavors to ensure that the Website is secure and free of
errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

18. Indemnification
You agree to indemnify, defend, and hold harmless Harambee Care LLC, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you.

19. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If we are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

20. Availability of the Website
● 20.1 The Website is provided “as is” and on an “as available” basis. Harambee Care Academy uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and/or faults, and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
● 20.2 We accept no liability for any disruption or non-availability of the Website resulting
from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

21. Limitation of Liability
● 21.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
● 21.2 Nothing in these Terms and Conditions excludes or restricts Harambee Care Academy's liability for death or personal injury resulting from any negligence or fraud on the part of Harambee Care Academy.
● 21.3 Nothing in these Terms and Conditions excludes or restricts Harambee Care Academy's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
● 21.4 In the event that any of these terms are found to be unlawful, invalid or otherwise
unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

22. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

23. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

24. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Harambee Care Academy.

25. Communications
● 25.1 All notices/communications shall be given to us either by post to our Premises or by email to academy@harambeecare.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

● 25.2 We may from time to time, if you opt to receive it, send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.

26. Law and Jurisdiction
These Terms and Conditions and your use of the Services are governed by and construed in  accordance with the laws of the United States of America or the State of Michigan, applicable to agreements made in and to be entirely performed within United States of America or the State of Michigan, without regard to its conflict of law principles. 
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