Terms and Conditions

1010 Coding Terms & Conditions

Effective Date: May 1, 2021

Revised: Oct 5, 2021

Welcome to 1010 Coding Service. These Terms and Conditions apply to all pages found at www.1010coding.com and all Programs operated by 1010 Coding, Ltd. including but not limited to all 1010 Coding Online Programs and other 1010 Coding Services. These terms apply to all lessons, classes, courses, and options offered by 1010 Coding (hereinafter referred to individually as “Service” or collectively “Services”). Throughout the Terms & Conditions, 1010 Coding, Ltd. may be referred to as “1010 Coding”, “we”, “us”, or “our”. “You” includes both you, the student user, and your parent or legal guardian who, if you are under the age of 18, has consented to your use of the Services and your agreement to these Terms & Conditions.

Please review the Terms & Conditions carefully. By accessing or using the Service, you signify your agreement to the Terms & Conditions. If you do not agree to the Terms & Conditions, you may not access or use the Service. If you are a parent or legal guardian and you provide consent for your child to register for the Service, you agree to be bound by these Terms & Conditions in respect of your child’s use of the service.

A. PRIVACY POLICY

1010 Coding respects the privacy of the users of the Service. Please refer to our Privacy Policy (found here: 1010coding.com/privacy-policy-2; the “Privacy Policy”) which explains how we may collect, use, and disclose your personal information. By accessing or using the Service, you signify your agreement to the Privacy Policy.

B. ABOUT THE SERVICE

The Service allows you to learn about a wide variety of topics, including coding, graphics, data management, and other subjects, anywhere. Users work with instructors via video conference to learn a range of topics, including Python, Excel, CSS Scripts, and other programming languages.

C. CODE OF CONDUCT

To promote the best learning environment possible, all students and parents will be held to this Code of Conduct. Failure to comply with this Code of Conduct or engaging in actions or attitudes that seem to be harmful to the atmosphere, other participants, or staff, in the opinion of 1010 Coding can lead to removal from the Service. 1010 Coding reserves the right to dismiss students from a Program and prevent a student from attending additional programs after one warning for violating any of the terms of this code of conduct. Refunds will not be given for students dismissed for failure of the student or the parent to abide by the Code of Conduct, or if it is determined that a Program is not suitable for a student. While 1010 coding strives to maintain excellent relationships with students, in some rare cases, we may determine that the Service is not a compatible environment for every student.

Students and parents/guardians may NEVER:

1. Disrupt, bully, intimidate, harm, abuse, or harass others.
2. Use inappropriate language (for example, students cannot use swear or curse words, racial, gendered, homophobic/transphobic, stereotypical, or culturally insensitive words, even if done in a joking manner).
3. View, display, or post any inappropriate material that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive while using the Service.
4. Share Service information (including lesson plans, Game Plan access, etc.) with third parties, without permission from 1010 coding.
5. Use the Service for any unlawful purpose or for the promotion of any illegal activity.
6. Impersonate another person by using another user’s account, username, or password.
7. Provide false or inaccurate information when registering or updating an Account.
8. Undertake to interfere with the proper functioning of the Service; or
9. Contact instructors outside of the Service.

Students also may NEVER:

1. Engage in internet hacking.
2. Create an account on or log in to third-party websites without the permission of their instructor.
3. Use false information to create an account on or log in to third-party websites.
4. Share personal information with staff members or ask staff members for their personal information.
5. Share or create video or audio recordings of 1010 Coding staff or another student without the permission of 1010 Coding.
6. Make any unauthorized automated use of the system or take any action that does or might impose an unreasonable or disproportionately large load on our servers or network infrastructure, as determined in our sole discretion.
7. Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
8. Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

Students and Parents/Guardians MUST:

1. Follow directions/instructions of 1010 Coding personnel.
2. If online, ensure the student attends the Service in an appropriate, private setting.
3. Dress appropriately while using the Service.
4. Adhere to the terms of use of any sites used, including following the specified age policies; and
5. Only share material that is related to lessons and appropriate.

D. REGISTRATION

You must be a resident of Nigeria or the United States and of legal age to form a binding contract to register for the Service. If you are under 18 years old and thus, are not yet of legal age to form a binding contract, your parent or legal guardian must read these Terms & Conditions and agree to them before you use the Service. If you are under 18 and your parent or legal guardian has consented to your use of the Service, then both you and your parent or legal guardian agree that you will only use or access the Services in accordance with these Terms.

The Service is not available to (i) any users previously suspended or barred from the Service by 1010 Coding or (ii) any persons under the age of eighteen (18) years old whose usage of the Service has not been approved by a parent or legal guardian. By clicking the “I Agree” button or by otherwise using or registering for the Service, you represent (a) that you have not been previously suspended or barred from the Service by 1010 Coding; (b) that you are either (i) at least 18 years old or (ii) your parent or legal guardian has consented to your use of the Service, and (c) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

As a user of the Service, you will create a personalized account (an “Account”) which includes a unique username and a password to access the Service and to receive messages from 1010 Coding. You agree to notify us immediately if you become aware of any unauthorized use of your Account. We will not be responsible for any liabilities, losses, or damages arising from or related to any unauthorized use of your Account.

To provide outstanding programs, we may have to limit your ability to make changes (such as registering for a different course or changing attendance dates) and/or cancel a Service.

E. SPECIAL ACCOMMODATIONS

If a student requires special accommodation to participate in a Service 1010 Coding offers, a parent/guardian must call 1010 Coding at 0702-500-7461, no less than three weeks prior to your student’s first day of the Program to arrange accommodations. If a student requires an aide to participate in the Service, the aide must be age 18 or older, may not be a family member. Clients are responsible for all direct costs and compensation for the aide’s attendance.

F. AGE POLICY

1010 Coding offers Services for students ages 7-18. Therefore, students may interact and/or room with a student that is within this age range. Please note the age range of the Program being registered for.

G.PAYMENT POLICY

1. Tuition for the Service is set out here: 1010coding.com/courses. Each user must complete the enrollment form for the Service, which may be completed online or by telephone interview with a Service representative.
2. Tuition is billed monthly or as a lump sum at enrollment unless otherwise agreed at enrollment, based on the tuition plan chosen by you. We may terminate your use of the Service if the tuition is not paid in a timely manner. Specific information on payment plans provided for each Program can be found in 1010coding.com/courses.
3. Unless otherwise noted, all financial transactions are made and quoted in Nigerian Naira and U.S. Dollars.
4. All fees paid for the Service are non-refundable and non-transferrable. If 1010 Coding cancels a program for any reason, the fees paid for the Service will remain in your account as a credit, and the balance will not be refunded.

H. PROMOTIONS AND DISCOUNTS

Promotions and Discounts are on a periodic basis and would always be announced before it takes effect. Promotional discounts are limited to one discount per student. There may be other limitations as to how they apply, and codes must be submitted at the time of registration. 1010 Coding will not honor retroactive adjustments, and the total discounts received cannot exceed the total cost of the products purchased.

The Refer-a-Friend Program is a voluntary program that applies to Small Group Classes.

1. Each Code can be used a maximum of 10 times. The code can only be used by students attending 1010 Coding for the first time and must be applied at the time of registration.
2. A tuition credit will be given for each new student that registers for the Service using a referral code and attends the course for which they registered.
3. The Refer-a-Friend program does not apply to siblings.
4. Students may not refer each other to both qualify for the Refer-a-Friend Discount.
5. Tuition credit will be applied within 4-6 weeks from the time the referred client registers and pays in full. If the referred friend cancels his/her Program, the credit will be removed, and you will be responsible for any account balance that is created as a result of the lost credit.
6. All tuition credits must be used in the Program term in which they are earned, can be used to offset Program tuition and other fees incurred, but do not entitle you to any form of payment.
7. Tuition credits have no cash value. 

I. CERTIFICATES/VOUCHERS

All certificates/vouchers are non-refundable, non-transferable, and not redeemable for cash. Certificates/vouchers must be redeemed at the time of registration. Certificates/vouchers are valid until the specified expiration date, without exception. They are valid for up to the amount issued, and any amounts not used are forfeited.

J. POSTING & CONDUCT RESTRICTIONS

As part of the Service, you may be able to post or otherwise make available for viewing by you and/or other users content generated by you (“User Content”). User Content includes, but is not limited to, comments, questions, notes, reviews, ratings, images, audio, and video content, and computer code (including object and source code). You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We may, however, remove any User Content from the Service at our sole discretion.

You agree that, in your use of the Service, the following rules apply regarding User Content:

1. You are solely responsible for your Account and for any User Content posted, uploaded, linked to, or otherwise made available via your Account.
2. You will not post User Content that is malicious, false, or inaccurate.
3. You will not submit as User Content anything that is subject to third party proprietary rights, including, but not limited to, copyright, privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from the lawful holder of such rights to specifically submit such User Content; and
4. We have the sole right to (i) determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, (ii) remove any or all your User Content submissions, and (iii) terminate your Account with or without prior notice for violating these Terms and Conditions.

You understand and agree that any liability, loss, or damage arising from or related to any User Content that you post, upload, link to, or otherwise make available via the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.

K. GENERAL RELEASES

1. Media Release: As a condition of participation, you authorize 1010 Coding and its partners to take photos, videos, images, audio, and testimonials of you and your student and agree that said content may be used by 1010 Coding in promotional materials, marketing collateral and online media. These images, testimonials, photos, videos, and audio may be shared and used by corporate partners, the media, or other organizations that work with 1010 Coding. You also agree that all projects and work created by your student during the Service may be used by 1010 Coding in promotional materials, online, and other print media, and may be shared and used by corporate partners, the media, or other organizations that work with 1010 Coding. You understand that 1010 Coding, its owners, agents, partners, facility providers, and employees will not be held liable for damages and injuries associated with the use of any content released herein, including any and all claims based on negligence. You agree that all images, testimonials, photos, video, and audio taken at or in connection with the Service are the sole and exclusive property of 1010 Coding and that 1010 Coding has a royalty-free, perpetual license to use copies of all student work and projects created during the Service.
2. Name and Likeness Release: As a condition of participation, you authorize 1010 Coding and the press to use your student’s full name and likeness in print, radio, TV, and other mediums.
3. Project/Hardware Release: Some 1010 Coding Programs are project-based. In such instances, 1010 Coding will attempt to provide your student with the knowledge to produce a working project. Some 1010 Coding Programs include take-home hardware. In those instances, 1010 Coding will send home a product or voucher for a product. However, there will be instances when a project or product or product voucher cannot be sent home, posted, or delivered, and you agree that 1010 Coding is not responsible if the game, project, product, or voucher does not work properly and/or is not compatible with outside systems. You release 1010 Coding from any responsibility for failure to provide a copy of the project or product voucher, or a non-functioning/non-compatible/non-complete game, project, product voucher, or product. Refunds will not be issued for not receiving products, product vouchers, or being provided a copy of the project, and/or non-functioning/non-compatible/non-complete projects, product vouchers, or products. If you have issues with a product voucher or product, you must contact the manufacturer directly. Product vouchers only cover shipping within Nigeria and the continental U.S. Therefore, if you require the product to be shipped outside these regions, you are responsible for all shipping and handling costs.
4. Software Accounts: Some 1010 Coding Service activities require the creation and/or use of an online account or require an online account to be created for your student. You consent to create or have 1010 Coding to create account(s) as needed for your student to participate in Program activities. During non-instructional time, students may have access to websites that require accounts to be set up. While it is against 1010 Coding rules for students to set up accounts without their instructor’s permission, there may be instances where a student may create an account without the knowledge of 1010 Coding or its employees. In such instances, you release 1010 Coding and its employees from any and all responsibility and liability for accounts created by your student without 1010 Coding’s knowledge.
5. Game Ratings: 1010 Coding takes its corporate responsibility and 1010 Coding family values very seriously. However, we cannot guarantee that younger students at 1010 Coding will avoid all contact with or mention of games rated “T” for Teen, or “M” for Mature. 1010 Coding will make a concerted effort to minimize both direct and indirect exposure to any games not rated for a student’s age group. Students attending courses designed for older ages have a greater chance of being exposed to materials rated for that older age group. If a student is attending a course for ages 13+, they may be exposed to games rated “M” for Mature by the ESRB (Entertainment Software Rating Board). You voluntarily assume any and all risks, known or unknown, associated with your student’s exposure to game content at a 1010 Coding Program.

L. ONLINE CONTENT DISCLAIMER

Though 1010 Coding strives to enforce these Terms & Conditions for all users, you may nonetheless be exposed to User Content that is inaccurate or objectionable. We may, but have no obligation to, monitor the materials posted in the public areas of the Service and to limit or deny a user’s access to the Service, notify law enforcement, or take other applicable action if a user violates these Terms & Conditions or engages in any activity that violates the rights of any person or entity or is, as determined in our sole discretion, unlawful, offensive, abusive, harmful, or malicious. To the extent the Service offers a feature to communicate with other users, messages sent between users that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law, but may otherwise be accessed, viewed, copied, stored, forwarded, and displayed by us as may be reasonably necessary to enforce these Terms and Conditions or in compliance with applicable law. Unauthorized use of the Service may result in criminal and/or civil prosecution under federal, state, and local law or applicable regulations. If you become aware of misuse of our Service, please contact us at legal@1010coding.com.

M. LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may make available to you, convenient links to third-party websites (“Third-Party Sites”) as well as applications, software, content, or other materials belonging to or originating from third parties (the “Third-Party Content”). These links are provided as a courtesy to users of the Service. 1010 Coding has no control over Third-Party Sites, Third-Party Content, or the promotions, materials, information, goods, or services available on or via Third-Party Sites or Third-Party Content. Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites or any Third-Party Content linked to, posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or Third-Party Content in your use of the Service does not signify or imply approval or endorsement thereof by us whatsoever. If you decide to leave the Service and access a Third-Party Site or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms & Conditions no longer govern, and you will be subject to the terms and policies associated with such Third-Party Sites and Third-Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service or relating to any applications you use or install from the Service.

N. DISCLAIMER – USE OF THIRD-PARTY COMPANY NAMES AND TRADEMARKS

We may from time to time use third-party company names or trademarks on our website. This use is solely to help reference for you the specific type of educational services we offer (e.g., programming language). We are not affiliated with these companies; we do not own their trademarks and we are not endorsing their products. The company names and trademarks are all owned by third parties.

O. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

Termination of Repeat Infringer Accounts. 1010 Coding respects the intellectual property rights of others and expects users of the Service to do the same. Pursuant to Chapter 68 of the Nigerian Copyright Act, we have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users of the Service who are repeat infringers. The Company may terminate access for users who are found repeatedly to provide or post third-party content without the necessary rights and permissions.

Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided via the Service infringe your copyrights, you may submit a notification pursuant to the Copyright Act by sending the following information in writing to our designated copyright agent at 1010 Coding, Floor 3, African Reinsurance building, Karimu Kotun St., Victoria Island, Lagos NG 120241:

1. The date of your notification.
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work.
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address.
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notices. If you believe that your User Content that has been removed from the Service is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

1. Your physical or electronic signature.
2. A description of the content that has been removed and the location at which the content appeared before it was removed.
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the laws of the Federal Republic of Nigeria, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that we may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against us or you, the removed content may (in our discretion) be reinstated on the Service after such period has passed.

P. LICENSES TO YOUR USER CONTENT

You retain ownership of and responsibility for your User Content. However, in order to provide the Service, you grant to us and to other users, as applicable, the rights described below, with no compensation or payment of any kind. You retain all rights in your User Content not explicitly granted to us or other users in these Terms & Conditions.

You grant to us and our legal successors a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of your User Content in our provision of the Service. This includes, but is not limited to, the right to makes copies and backups; present your User Content to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform any of your User Content which may include audiovisual works such as music or video. This license applies to your User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and also applies to your name, voice, and likeness, to the extent incorporated into your User Content.

You also grant to us permission to use your name, voice, likeness, and User Content in the promotion of the Service, in the form of showcased users of the Service on the Service website and other reasonable promotional activities.

For any of your User Content which is shared publicly, you grant each other user of the Service a nonexclusive, worldwide license to use, display, and perform your User Content through the Service and, if applicable, to reproduce your User Content solely on the Service, as enabled by the features of the Service.

Q. INTELLECTUAL PROPERTY

You acknowledge and agree that we, including our licensors, retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Trademarks for Third-Party Sites, Third-Party Content, and other products, services, or materials that may be mentioned or indicated via the Service are the intellectual property of their respective owners. We reserve all rights that are not expressly granted to you under these Terms & Conditions.

1010 Coding partners with and uses the intellectual property of some amazing companies. You and your student agree to uphold the copyright and trademark rights of 1010 Coding, their partners, and any company whose products are used for and during the Service.

R. EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not constitute legal notice to us or any of our officers, employees, agents, or representatives in any situation where notice to us is required by contract or any law or regulation.

S. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For all notices and communications relating to these Terms & Conditions, you (a) consent to receive communications from us in electronic form via the email address you have submitted; and (b) agree that these Terms & Conditions (including updates thereto), agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about your classes, coursework, account status, and other aspects of your use of the Service, as well as other messages about 1010 Coding and special offers. You may customize your communications options by changing your Account settings or sending an email to admin@1010coding.com.

T. WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUTLIMITING THE FOREGOING, 1010 CODING EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, 1010 CODING MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICE AND ANY DOWNLOADING AND/ OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED THEREFROM. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT FULLY APPLY TO YOU.

U. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 1010 CODING, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH 1010 CODING OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 1010 CODING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT FULLY APPLY TO YOU.

V. RELEASE OF LIABILITY

ON BEHALF OF MY SON/DAUGHTER/WARD, I, THE PARENT/GUARDIAN, IN EXCHANGE FOR THE RIGHT OF MY SON/DAUGHTER/WARD TO PARTICIPATE IN THE SERVICE, HEREBY RELEASE 1010 CODING, LTD, ITS OWNERS, AGENTS, PARTNERS, FACILITY PROVIDERS AND EMPLOYEES FROM LIABILITY (INCLUDING CLAIMS BASED UPON NEGLIGENCE) FOR ANY AND ALL DAMAGES OR INJURIES TO MY SON/DAUGHTER/WARD OR DAMAGE OF ANY PERSONAL PROPERTY. I AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL SUCH DAMAGES OR INJURIES WHICH MAY RESULT DIRECTLY OR INDIRECTLY FROM ANY NEGLIGENT ACTS OR ACTIVITIES ASSOCIATED WITH 1010 CODING, LTD. HOWEVER, I UNDERSTAND THAT I AM NOT RELEASING 1010 CODING, LTD., ITS OWNERS, AGENTS, PARTNERS, FACILITY PROVIDERS, AND EMPLOYEES FROM GROSS NEGLIGENCE, RECKLESS CONDUCT, OR INTENTIONALLY TORTIOUS CONDUCT. TO THE EXTENT THIS RELEASE CONFLICTS WITH THE LAW GOVERNING RELEASES, THIS RELEASE IS TO BE GIVEN THE FULLEST FORCE AND EFFECT PERMITTED UNDER THE LAWS OF THE FEDERAL REPUBLIC OF NIGERIA. SHOULD ANY PART OF THIS CONTRACT BE FOUND INVALID OR NOT ENFORCEABLE BY A COURT OF LAW, THEN THE REMAINING PORTION SHALL CONTINUE TO BE VALID AND IN FORCE.

W. INDEMNIFICATION

You agree to defend, indemnify, and hold 1010 Coding, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with your student’s participation in our Service.

You shall also indemnify and hold harmless 1010 Coding and its directors, officers, and employees, and pay any costs (including attorney fees), expenses, awards, settlement, or other obligation, arising from the assertion of a third-party claim, action, or lawsuit that is based upon (i) your breach of these Terms & Conditions; (ii) your failure to comply with any instructions or manuals provided by us for using the Service; (iii) your use of the Service with any third party product or service not authorized by us, or; (iv) your violation of any third party rights in your use of the Service, including, but not limited to, infringement of intellectual property rights, privacy, and harassment.

X. MODIFICATION OF TERMS & CONDITIONS

We may amend these Terms & Conditions at any time, and the latest version will be posted on the Service website with the “Effective Date:” date reflecting the date of the latest version. It is your sole responsibility to check the Service website from time to time to view any such changes in these Terms & Conditions. 1010 coding also reserves the right to cancel or modify any and all classes, lessons, programs or courses for any reason. Your continued use of the Service, you will signify your agreement to the updated Terms & Conditions. Any changes to these Terms & Conditions (other than as set forth in this paragraph) or waiver of 1010 Coding’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of 1010 Coding. No purported waiver or modification of these Terms & Conditions by us via telephonic or email communications shall be valid.

Y. MISCELLANEOUS

If any part of these Terms & Conditions is held invalid or unenforceable, that portion of the Terms of Use will be, to the maximum extent possible, construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of 1010 Coding to enforce any provision of these Terms & Conditions will not be considered a waiver of our right to enforce such provision. Our rights under these Terms & Conditions will survive any termination of this Agreement to the extent necessary to give full effect to their intended purpose.

These Terms & Conditions and your use of the Service are governed by the with the Laws of the Federal Republic of Nigeria, without regard to conflict of law provisions. Any dispute arising from or relating to the Service or these Terms & Conditions which cannot be resolved amicably (by negotiation or mediation) shall be referred to Arbitration, in accordance with the provisions of the Arbitration and Conciliation Act, CAP A18 Laws of the Federation of Nigeria or any statutory modification or re-enactment of the said law for the time being in force. The seat of arbitration shall be Nigeria and the language to be used in the arbitral proceedings shall be English. The arbitration shall be handled by a sole arbitrator to be jointly appointed by the parties. Where the Parties are unable to agree on the choice of a sole arbitrator within seven (7) days, it shall be referred to the Chartered Institute of Arbitrators (UK) Nigeria Branch for the appointment of a sole arbitrator. The prevailing party in the arbitration shall be entitled to recover expenses including costs and reasonable attorney’s fees associated therewith. Should any part of this contract be found invalid or not enforceable by a court of law, then the remaining portion shall continue to be valid and in force. You hereby acknowledge that you understand the terms of this ARBITRATION AGREEMENT, and you agree to comply with all of its terms and provisions.

Any lawsuit or other legal proceeding based on a cause of action arising from or related to these Terms & Conditions or the Service must commence within one (1) year after such cause of action accrues. After such one (1) year period, such cause of action shall be permanently barred.

We may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you shall be void.

These Terms & Conditions, together with the Privacy Policy, represent the complete and exclusive understanding of the agreement between us and you regarding the Service, and that these Terms & Conditions supersede any other prior or contemporaneous agreement, whether oral or written, and any other communications between us and you relating to the Service.