PAMOJA TERMS OF SERVICE
All services and facilities provided by the Supplier are provided subject to the following terms and conditions. The Terms of Service, Terms of Use, Admissions Timeline and Fees, Privacy Policy, KCSIE Compliance, Service Level Agreement and Data Privacy Framework notice and other documents published on the https://www.faria.org/terms/pamojaeducation/terms/terms-of-service page on the Website (theTerms and Policies) govern your use of the Service. We limit our liability to you in our Disclaimer at paragraph 1.5 and elsewhere below.
1. Preliminary
1.1. Definitions.
“PMJ”, “Supplier”, “we”, “us” or “our” refers to Pamoja Education Ltd, Clutha House, 10 Storey’s Gate, London, SW1P 3AY, United Kingdom and its subsidiaries, affiliates, successors or assigns
“Course”means the course for which the Student is enrolled, including all learning materials and related support
“IB World School” means a school authorised by the International Baccalaureate (IB) organisation to offer one or more of its educational programmes
“Member”refers to an individual authorised to use the Service by a School, whether a member of staff of a School, a Parent or a Student
“Membership”means an individual’s licence to access our service and associated login information (such as a login email and password), as authorised
“Parent”means a parent or legal guardian of a Student as the case may be. “Parental” shall be interpreted accordingly
“Service”refers to the services provided by the Supplier
“School”(“Customer”) refers to a school, school district, or institution, which are primary account subscribers to the Service
“Student”means a student invited to use the Service by a School
1.2.Terms: These Terms of Service should be read as a whole with the other Terms and Policies, and provide the exclusive terms of the relationship between PMJ and (1) Schools, (2) Members, (3) Students, and (4) any other users of the Website. With the exception of a valid signed written agreement between a School and PMJ, nothing outside the terms published in our Terms and Policies shall constitute part of any agreement between PMJ and you relating to your use of the Service. Any previous version of these Terms and Policies is superseded by these Terms and Policies. These Terms and Policies govern any Scope of Services Agreement signed between the School and PMJ and Schools are required to accept these Terms and Policies when enrolling Students. All contracts must be with IB World Schools. PMJ does not contract with any other party (including parents).
1.3.Subject to Change: We reserve the right to update and change our Terms of Service. Any new features that augment, enhance, or change the current Service, including the release of new tools and resources, shall be subject to our Terms of Service. Continued use of the Service after any such changes shall constitute consent to such changes. Our current version of the Terms of Service is available at the Terms and Policies page of our Website.
1.4.Violations: Violation of any of these terms by you may result in the termination of (1) your account without notice, and/or (2) the account of the School on 14 days’ notice in writing. PMJ reserves the right to bar use of the Service by any person or entity that has violated the Terms of Service at any time.
1.5.Disclaimers: To the full extent permitted by law, you agree to use the Service on an “as is” basis and understand that PMJ is not responsible for prohibiting or regulating in any way any information or data provided or transmitted by the Website(Content), or provided or transmitted by you or any other person. You confirm and agree that PMJ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses. This is regardless of whether PMJ has been advised of the possibility of such damages, whether or not resulting from: (i) the use or the inability to use the Service; (ii) the unauthorised access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; (iv) termination of your account; and/or (v) any other matter relating to the Service.
1.6. PMJ does not warrant that the Service will meet your specific requirements or that the Service will be uninterrupted or error-free. We shall not be liable for and make no warranties in relation to the Service or its functionality, Content or capabilities of the Website, to the fullest extent that such liabilities can be excluded by law.
1.7.Content: The information provided on our Website is provided on the basis that we accept no liability for any of the information published.
1.8.School and Parents shall:
- 1. Ensure that information contained in anything sent to PMJ is accurate and does not breach any third parties’ rights including trade mark, database right, copyright or other intellectual property rights nor is libelous, obscene, menacing, threatening, bullying, offensive, abusive, radicalising, fraudulent, pornographic, criminal nor infringes the rights of other people such as privacy rights or is in any way illegal or unlawful; and
- 2. Verify the accuracy of any information before sending it to us
1.9.We make no statement and provide no warranty that Content is accurate, up to date or complete and we accept no liability for any loss or damage caused by anything inaccurate or misleading which without limitation, may contain statistical data which may have inaccuracies or errors. If you find that information on the Website is not accurate, please inform your School in the first instance to have information corrected.
1.10.Nothing in these terms and conditions shall exclude or limit our liability for fraud, personal injury or death caused by our negligence, or for any other liability which cannot be excluded or limited under English law (as per clause 9.5 below). Other than the foregoing, all warranties, guarantees or benefits implied or provided by law are excluded to the fullest extent possible and with an absolute limitation of liability capped at the value of the School’s fees paid to the Supplier for the current academic year.
1.11.If any agreements or arrangements are made by you with any third party as a result of your use of the Website, they are and remain entirely at your own risk.
1.12.Security: You will ensure at all times that (1) you do not share your designated password with any other person, (2) you maintain active and effective security measures to protect the integrity and security of your and our computer systems. You will be responsible for loss and damage suffered by us where any third party abuses the services using your login details and/or computing environment, including hardware and software.
1.13.Privacy: The privacy of information submitted to or transmitted through the Service is governed by our Privacy Policy, which is available on the Website and reflects our obligations under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Where the Service involves children under the age of eighteen (18), additional safeguards apply in line with relevant safeguarding legislation and guidance, including the principles set out in the statutory guidance by the UK Department for EducationKeeping Children Safe in Education(KCSIE). Our Child Protection Policy, which outlines our approach to safeguarding and data handling for minors, is available on the Website.
Please note that:- (i) The School is responsible for having and communicating a data privacy policy for parents and staff.
- (ii) Any parental consent which may be required must be obtained by the School.
1.14.All disputes between the parties arising out of or relating to these terms or the breach, termination or validity thereof shall be referred by either party in writing, first to each party’s representative. The representatives shall meet and attempt to resolve the dispute within a period of thirty (30) working days from the date of referral of the dispute to them.
2. Services
2.1.Our Website describes the Services which are available.
2.2. Generally speaking, our services revolve around providing Members with online curriculum services in the form of subject delivery of various IB courses.
2.3. The Site Based Coordinator (SBC) is appointed by the School and is the Customer’s primary point of contact within the School for the Services. The Customer is required to provide contact details for the SBC when the Customer registers the School with PMJ and is required to keep the information up to date for the duration of the Term. The SBC is required to meet the obligations as specified within the SBC training and orientation.
2.4. Administrators, IB Coordinators and Teachers employed by Schools determine the scope and nature of the information to make available to Students and Parents.
2.5. Prior to the start of the Course, Students are required to have completed their online orientation course. Students are required to participate actively and regularly in their Course.
2.6. All requests for transfers and Course changes or level changes must be approved by our academic team.
2.7. Subject to approval by our academic team, a Student (Late Starter) may be permitted to join a Course after it has started, provided that the School and the Student agree to any conditions which are applied, including agreeing to follow any specified catch-up plan. An additional fee is payable for Late Starters. If the Late Starter withdraws at any time after access to Course content, the full tuition and transfer fees will still apply.
2.8. Subject to approval by our academic team, a Student may be permitted to change Course, or change course levels, after the Course has started, provided that the School and the Student agree to any conditions which are applied, including agreeing to follow any specified catch-up plan. An additional fee is payable for any such changes. If the change is to a course with a higher tuition fee, the tuition fee difference will be charged. If the change is to a course with a lower tuition fee, the tuition fee difference will not be refunded.
2.9. It is the School’s responsibility to register the Student as an online candidate on the IB Information System (IBIS) ahead of the relevant examinations or to inform PMJ in writing that the Student will not be registered at all on IBIS if they are not sitting the final examinations. Failure to register Students as online candidates on IBIS may result in the Student not completing their IB qualification.
3. Account Terms: KCSIE Child Protection Policy Compliance
3.1.Informed Parental Consent: Before a Student of 18 years of age or less may use the Service or a School facilitates access to a Student (separately to a Parent), the Parent must provide a signed copy of the Form of Written Parental Consent (Parental Consent) to the School.
3.2.The School is responsible at all times for obtaining Parental Consent, and is wholly responsible for verifying that a parent or legal guardian is properly identified, that the Parent has properly authorised a Student’s access, and has in fact signed the Parental Consent, before signing up or causing to sign up any Student for an account.
3.3.The School must provide a copy of the signed Parental Consent to PMJ within 7 days of a request made in writing.
3.4.Indemnification: To the maximum extent permitted by law, and in addition to any other indemnification mentioned in these Terms of Service, the School agrees to fully indemnify PMJ on request and keep PMJ indemnified on request with regard to any claim, if the suit involves claims arising directly or indirectly from failures to comply with this paragraph. The fact that a cause other than a failure to comply with the foregoing paragraph may have contributed to the harm alleged in such suit or proceeding will not in any way diminish the scope or force of this indemnification, even if such other cause is PMJ own failure or negligence.
4. Payment Terms
4.1. The Service is provided on an annual basis. Schools are invoiced in advance on an annual basis for use of the Service, and Schools shall make payment to PMJ before the due date of the invoice. PMJ will not pay any refund or credit if the School terminates or suspends use of the Service before the end of any prepaid period. Each payment is non-refundable.
4.2. Pamoja Online Courses are additionally subject to the service specific terms and conditions held within the Admission Timeline and Fees document which is available on the Website.
4.3. Schools are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with payment for Services provided by PMJ.
4.4. Without prejudice to any other rights or remedy that it may have, if the School fails to pay PMJ on the due date for payment of any undisputed invoice, PMJ may:
- (i) suspend all Services until payment has been made in full; and/or
- (ii) charge interest on any delinquent amounts owed by Schools to PMJ from the due date at a rate equal to the lesser of i) two (2%) per month or ii) the maximum legal interest rate chargeable per month until payment is made, whether before or after any judgment.
4.5. Services will be invoiced before, or soon after the beginning of, each year in which the services will be performed.
4.6. Services are valid for one year, or a shorter period if agreed on admission of the Student.
5. Cancellation and Termination
5.1. Cancellation fees are payable for Students who cancel their Course at any time on or after the Course start date. PMJ must be informed of any cancellation in writing before the specified deadline. Oral communication of cancellation is not sufficient.
5.2. It is your sole responsibility to notify us that you wish to cancel your account. This can be done by emailing us at [email protected] with the subject line “Cancellation Request”. We will require written and telephone confirmation of a cancellation request from a School as this will affect the accounts of all Members associated with a School.
5.3. Upon termination of the Service by the School, all Content associated with the School and its Students will become unavailable to Members within 7 days of receiving the cancellation request. All Content associated with the School and its Members – including, but not limited to, Student data, contact information, and database records – will be securely and irrecoverably deleted within 18 months of the termination date, unless otherwise required for legal or regulatory purposes. We reserve the right to retain anonymised or aggregated data for statistical and service improvement purposes. Where retention is required by law (eg safeguarding, tax or contractual obligations), data may be held for the statutory retention period applicable. Individuals may request deletion of their data at any time, subject to our legal obligations. Schools may request accelerated deletion of content prior to the 18-month period, provided no ongoing contractual or legal obligations apply.
5.4. Subject to 4.3 above, where the School cancels the Service more than forty-five (45) days before the end of the then current term and full payment has been received, the cancellation may take effect on any date before the end of the then current term, as requested by the School in writing, and the School will not incur any further charge.
5.5. We may terminate the Service to a School upon 180 days’ notice in writing for our own convenience.
5.6. Violation of these Terms of Use: Schools are responsible for the use of the Service by Students and Parents. Misuse of the Service, by any individual, may result in permanent and/or temporary suspension or termination of the School’s account (at PMJ’s sole discretion) without notice if problems are not addressed to the satisfaction of PMJ.
5.7. PMJ reserves the right to refuse the Service to anyone in its own unfettered discretion.
5.8. PMJ shall endeavour to deliver courses in which students have been enrolled but reserves the right to withdraw a Course in the following circumstances:
- (a) if fewer than three (3) students in total are enrolled in the Course;
- (b) if both the assigned teacher and substitute teacher become unavailable and a replacement teacher cannot be found; or
- (c) approval for the Course is withheld or withdrawn by the examination body.
6. Modifications to the Service and Prices
6.1. Prices of the Service are subject to change without notice.
6.2. PMJ shall not be liable to you or to any third party as a result of any modification, price change, suspension or discontinuance of the Service, loss of data, or any consequence thereof whatsoever.
6.3. PMJ reserves the right to replace or change teachers through a course due to teacher availability, or otherwise.
6.4 .PMJ reserves the right to decline the enrolment of a prospective student based on student eligibility for the Course or if, in the sole opinion of the Supplier, all current teaching sections are at maximum capacity.
7. Copyright and Content Ownership
7.1. Unless otherwise stated below, PMJ owns all intellectual property rights vesting in the Website. All course materials are supplied solely for the Student who is taking the Course. By applying for a Course, you agree that the Course material will not be used for any other purposes.
7.2. PMJ retains full intellectual property rights to the Content supplied by PMJ in the product.
7.3. Subject to the consent of the relevant School, Members may download reporting content from the Website for the sole purpose of retaining copies for your own personal use alone, subject to rights granted by others to you. The Service is made available to Schools and Members for school administration and academic functions, and you shall not access the Service for any other purpose without the written permission of PMJ.
7.4. You may not modify, adapt or hack the Service or modify the Website so as to falsely imply that it is associated with the Service, or any other service of PMJ.
7.5. Any hypertext links to other sites which appear on the Website are operated by third parties and use of such a link means you are leaving the Website. We are not responsible for, and give no warranties, guarantees or representations in respect of linked sites or information upon them.
7.6. “Pamoja Education” and “Pamoja Online Courses” and our logos are trade names of Pamoja Education Ltd. You may not use these names or similar variants without our written consent.
7.7. All logins to the Service, including the learning platform, as well as any logins provided for external websites and subscriptions, are for the sole use of the registered Student, and must not be shared with others. The sharing of PMJ logins, subscriptions and course content with others is not permitted and would be deemed to be a breach of our terms and conditions.
8. Indemnification
8.1. To the maximum extent permitted by law, the School and Members jointly and severally agree to hold harmless and indemnify PMJ, and its parent companies, subsidiaries, affiliates, officers, agents, and employees from and against any third party claims arising from or in any way related to use of the Service or Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature. In such a case, PMJ will provide the School and Members with written notice of such claim, suit or action.
8.2. Additionally, and to the maximum extent permitted by law, the School agrees to fully indemnify PMJ with regard to any suit or proceeding for damages, if the suit involves claims arising directly or indirectly from your failure to comply with its obligations under the KCSIE, Child Protection Compliance paragraphs of these Terms of Service. The fact that a cause other than your failure to comply with such obligations may have contributed to the harm alleged in such suit or proceeding will not in any way diminish the scope or force of this indemnification, even if such other cause is PMJ’s own failure or negligence.
9. General Conditions
9.1. You may not assign or transfer your rights or licences granted under this Agreement. PMJ may assign, sub-contract or sub-let this Agreement or any part thereof.
9.2. In the event that any (or any part) of these terms, conditions or provisions shall be declared invalid, unlawful or unenforceable such terms (or parts), conditions or provisions shall be severed. The remaining terms (or parts), conditions or provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
9.3. These Terms of Service will be governed by and construed in accordance with English law. Non-contractual claims shall be governed by the same system of law. Any claims, legal proceedings or litigation arising in connection with the Service will be brought solely in the United Kingdom and you irrevocably submit to the jurisdiction of its Courts and waive any objection to proceedings in any such court on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient form.
10. Questions and Contact Information
Any questions about this Terms of Service agreement should be addressed to or by mail to:
Pamoja Education Ltd
Clutha House
10 Storey’s Gate
London SW1P 3AY
Contact Our Team
