Parents Terms and Conditions

By accessing and placing an order with Recess, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Recess.

1. Introduction

Welcome to RECESS by using our app, you agree to comply with and be bound by the following terms and conditions. Please read these terms and conditions carefully before using our app.

2. Data Collection

We may collect personal information such as your name, email address, and other information provided by you during the registration process.We may also collect non-personal information such as device information and app usage data for analytical purposes.

3. Data Usage

We use the collected data to provide and improve our services, customize your experience, and communicate with you.We may share your data with third-party service providers for the purpose of providing services on our behalf. Recess App is an educational application that provides a comprehensive coordinated communication platform between the educators and parents or guardians.

4. Data Security

We take reasonable measures to secure your data and protect it from unauthorized access or disclosure.Despite our efforts, please be aware that no security measures are perfect or impenetrable, and we cannot guarantee the security of your data.

5. Your Consent

The parent “user” shall give consent to the school a client to Recess to access, have and store data collected where a minor is involved.We have updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it is being used. By using our app, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

6. License

Recess grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the app strictly in accordance with the terms of this Agreement.These Terms & Conditions are a contract between you and Recess (referred to in these Terms & Conditions as "Recess", "us", "we" or "our"), the provider of the Recess website and the services accessible from the Recess website (which are collectively referred to in these Terms & Conditions as the "Recess Service").You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Recess Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

7. Definitions and key terms

To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as: *Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information. *Company: when this terms mention “Company,” “we,” “us,” or “our,” it refers to Recess, that is responsible for your information under this Terms & Conditions . *Country: where Recess or the owners/founders of Recess are based, in this case is KenyaDevice: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Recess and use the services. *Service: refers to the service provided by Recess as described in the relative terms (if available) and on this platform. *Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you. *App/Application: Recess app, refers to the SOFTWARE PRODUCT identified above. *You: a person or entity that is registered with Recess to use the Services.

8. Restrictions

You agree not to, and you will not permit others to: *License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the app or make the platform available to any third party. *Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the app. *Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Recess or its affiliates, partners, suppliers, or the licensors of the app.

9. Payments

All payments for the services rendered to you by Recess shall be billed by the school, all payments shall be made to the school our client.Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. No contract will exist between you and Recess for the Service until Recess accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.You are responsible for any third-party fees that you may incur when using the Service.

10. Return and Refund Policy

If, for any reason, you are not completely satisfied with any good or service that we provide, do not hesitate to contact the school our client and we will discuss any of the issues you are going through with our product.

11. Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to Recess with respect to the app shall remain the sole and exclusive property of Recess.Recess shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

12. User Rights

You have the right to access, correct, or delete your personal information at any time. You can do so by contacting us at hello@recess.co.ke.

13. Changes to Terms and Conditions

We reserve the right to modify or update these terms and conditions at any time. Changes will first be communicated to you and shall be effective immediately upon posting.

14. Termination

This agreement shall remain in effect until terminated by you or Recess.We reserve the right to terminate or suspend your account and access to our app at our sole discretion, without prior notice or liability.This Agreement will terminate immediately, without prior notice from Recess, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies thereof from your computer.Upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your computer.Termination of this Agreement will not limit any of Recess rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

15. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Kenya as set out in the Data Protection Act of 2019 and any applicable laws.By using our app, you agree to these terms and conditions. If you do not agree with any part of these terms and conditions, please do not use our app.

16. Indemnification

You agree to indemnify and hold Recess and its subsidiaries, affiliates, officers, employees, agents, and licensors (if any) harmless from any claim or demand, including reasonable attorney fees, due to or arising out of your: (a) use of the app; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

17. Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Recess and any of its suppliers under any provision of this Agreement and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by you for the app.To the maximum extent permitted by applicable law, in no event shall Recess be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this Agreement), even if Recess has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.In no event shall Recess be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app caused by an employee, subcontractor or agent of the client (school).

18. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.This Agreement, together with the Privacy Policy and any other legal notices published by Recess on the Services, shall constitute the entire agreement between you and Recess concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Recess’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Recess AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

19. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a partys ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

20. Amendments to this Agreement

Recess reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use our app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Recess.

21. Entire Agreement

The Agreement constitutes the entire agreement between you and Recess regarding your use of the app and supersedes all prior and contemporaneous written or oral agreements between you and Recess.You may be subject to additional terms and conditions that apply when you use or purchase other Recess services, which Recess will provide to you at the time of such use or purchase.

22. Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

23. Intellectual Property

The app and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Recess, its licensors or other providers of such material and are protected by Kenya and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Recess, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

24. Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Recess’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Recess concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

25. Notice of Dispute

In the event of a dispute, you or Recess must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: hello@recess.co.ke. Recess will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Recess will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Recess may commence arbitration.

26. Binding Arbitration

If you and Recess don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. All legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

27. Submissions and Privacy

If you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Recess without any compensation or credit to you whatsoever. Recess and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

28. Promotions

Recess may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

29. Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

30. Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Recess. Recess will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Recess operates and controls the Recess Service from its offices in Kenya. The Service 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. Accordingly, those persons who choose to access the Recess Service 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. These Terms & Conditions (which include and incorporate the Recess Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Recess concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

31. Disclaimer

Recess is not responsible for any content, code, or any other imprecision.Recess does not provide warranties or guarantees.In no event shall Recess be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.The Recess Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Recess is a distributor and not a publisher of the content supplied by third parties; as such, Recess exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service, or merchandise provided through or accessible via the Recess Service. Without limiting the foregoing, Recess specifically disclaims all warranties and representations in any content transmitted on or in connection with the Recess Service or on sites that may appear as links on the Recess Service, or in the products provided as a part of, or otherwise in connection with, the Recess Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights.No oral advice or written information given by Recess or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Recess does not warrant that the Recess Service will be uninterrupted, uncorrupted, timely, or error-free.

32. No Warranties

Recess provides no warranty or undertaking and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, apps, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.