Teachers 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.These terms and conditions (“Agreement”) govern the relationship between Recess and the Teacher as the “Third party” regarding the access and use of the personal data.
2. Definitions
“*Personal Data” refers to any information relating to an identifiable or identified individual. *“Processing” means any operation performed on personal data, such as collection, recording, organization, storage, adaptation, etc. *“Third Party” refers to you, as a Teacher.
3. Scope
This Agreement applies to processing of personal data provided by Recess to the Third Party for the purpose of creating an educational application meant to ease and breach the communication gap between educators and parents/guardians.
4. Responsibilities
*Recess shall provide the Third Party with access to personal data solely for the purpose specified in this Agreement. *The Third Party shall process personal data in compliance with the applicable data. *Both parties shall implement appropriate technical and organizational measures to ensure the security and confidentiality of personal data. *The Third Party shall not process or use the data for any other reason other than those stated and stipulated in this agreement.
5. Security Measures
Recess’s Client as the Third Party’s employee shall implement industry-standard security measures to protect personal data from unauthorized access, disclosure, alteration, or destruction.
6. Data Retention
Personal data shall be retained only for the duration necessary to fulfill the purpose of processing, unless otherwise required by law. Upon termination of this Agreement, Third Party shall securely dispose of personal data.
7. Indemnification
Each party shall indemnify and hold harmless the other party from claims, losses, or damages arising from a breach of this Agreement or applicable data protection laws.Where the Third Party uses any personal data for their own interest they shall solely be held liable for such a breach.
8. Confidentiality
Both parties shall maintain the confidentiality of personal data and any proprietary information disclosed under this Agreement.
9. Dispute Resolution
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.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 Any disputes arising from this Agreement shall be resolved through good faith negotiations between the parties.
10. Governing Laws
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
11. Amendments
Any amendments to this Agreement shall be done in writing and agreed upon by both parties.
12. 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.
13. Miscellaneous
This Agreement constitutes the entire understanding between the parties regarding the subject matter and supersedes all prior agreements or understandings.