Introduction
The following constitute the terms and conditions to which applicants agree when booking any Oplos Marketing and Media training courses (Terms and Conditions). Throughout the terms and conditions, Oplos stands for Oplos Marketing and Media. Oplos Marketing and Media reserves the right to review and update these periodically.
Parties: These Terms and Conditions (“Agreement”) are entered into between:
Oplos Marketing and Media, hereinafter referred to as the “Service Provider” or ” Oplos,” whose principal place of business is located at Tara Road Runda, Off Kiambu Road, Nairobi.
The User or Customer, hereinafter referred to as the “User” or “Customer,” who is the individual or entity booking any Oplos Marketing and Media training courses and agrees to the terms and conditions outlined in this Agreement.
Acceptance of Terms:
By accessing, using, making a purchase, or booking any Oplos Marketing and Media training courses, the User acknowledges and agrees to be bound by these Terms and Conditions. If the User does not agree with any part of these terms, they should not proceed further with the booking or use of the services.
The User acknowledges the importance of carefully reading and fully understanding these Terms and Conditions before using any services provided by Oplos Marketing and Media.
These terms govern the relationship between the User and Oplos Marketing and Media and outline important rights, obligations, and responsibilities. If the User has any questions or concerns about these terms, they should seek clarification from Oplos Marketing and Media before proceeding.
Key Terms and Definitions:
Oplos Marketing and Media: Refers to the corporate training organization providing training courses and services as described in these Terms and Conditions.
User or Customer: Refers to the individual or entity booking any Oplos Marketing and Media training courses and agreeing to the terms and conditions outlined in this Agreement.
Training Courses: Refers to the educational programs, courses, or services offered by Oplos Marketing and Media for which the User may register and participate.
GDPR: The General Data Protection Regulation, a regulation in EU law on data protection and privacy concerning the processing of personal data.
VAT: Value Added Tax, a consumption tax levied on the value added to goods and services at each stage of production or distribution.
Face-to-Face Training: Refers to training courses conducted in physical locations where participants attend in person.
Online Course: Refers to training courses conducted over the internet, which participants can access remotely.
Services or Products Offered:
Oplos Marketing and Media offers a range of professional training courses and educational services designed to enhance the skills, knowledge, and competencies of participants. These services include:
Training Courses: Oplos Marketing and Media provides training courses covering various topics and disciplines. These courses may be delivered through face-to-face sessions, online platforms, webinars, or other suitable mediums.
Educational Materials: Participants in Oplos Marketing and Media training courses receive relevant course materials, which may include but are not limited to course outlines, study materials, and reference resources.
Support and Communication: Oplos Marketing and Media offers support to participants throughout the training process. This support may include communication through email, messaging platforms, or other means to address inquiries, provide updates, and facilitate a smooth learning experience.
Face-to-Face Training: For face-to-face training courses, Oplos Marketing and Media may provide refreshments and lunch during the training day(s), as specified in the course details.
Limitations, Restrictions, and Exclusions:
Availability and Changes: Oplos Marketing and Media reserves the right to modify, suspend, or discontinue any training course or service at any time without prior notice. The availability of specific courses, trainers, or materials may vary, and Oplos Marketing and Media does not guarantee the continuous availability of any particular offering.
Cancellation and Refunds: Cancellation and refund policies vary based on the timing of the cancellation and the specific training course. Users should review the cancellation and refund policies outlined for each course before making a booking. Oplos Marketing and Media may charge an admin fee for cancellations or substitutions, as detailed in the respective policies.
Intellectual Property Rights: Users are granted a non-exclusive, non-transferable, revocable license to use Oplos Marketing and Media materials for the purpose of the training courses. However, users are strictly prohibited from copying, reproducing, uploading, posting, displaying, or linking to Oplos Marketing and Media content without prior permission.
Non-Attendance: Failure to attend a booked training course without prior notice to Oplos Marketing and Media will result in the forfeiture of course fees and the absence of the option to transfer to another course.
Technology: Oplos Marketing and Media does not guarantee uninterrupted, error-free, or secure access to online course content. Users are responsible for ensuring their devices meet technical requirements and should seek support if they encounter technical issues.
Liability: Oplos Marketing and Media is not liable for any actions or decisions made by users based on information provided during training courses, including course materials. Opinions expressed by trainers are their own and not necessarily those of Oplos Marketing and Media. Users should seek professional advice for specific situations.
Changes by Oplos Marketing and Media: Oplos Marketing and Media reserves the right to alter or cancel training courses in extreme circumstances. If a course is canceled, Oplos Marketing and Media will provide alternatives or refunds as specified in the cancellation policy.
Travel Costs: Users are responsible for any travel costs incurred in attending face-to-face training courses. Oplos Marketing and Media does not accept liability for the reimbursement of travel expenses.
Responsibilities and Obligations of the User or Customer:
By booking any Oplos Marketing and Media training courses and using the services provided, the User or Customer agrees to the following responsibilities and obligations:
Accurate Information: The User is responsible for providing accurate, current, and complete information during the registration and booking process. This includes personal details, contact information, and payment details.
Compliance with Terms: The User must comply with all the terms and conditions outlined in this Agreement and any specific terms associated with the selected training course. Failure to adhere to these terms may result in cancellation or removal from the course without a refund.
Payment: The User agrees to pay the course fees as specified in the booking process. Payment must be made before the training is offered. The User is responsible for any applicable sales taxes (VAT) based on the product and/or customer type.
Cancellation and Substitution: If the User needs to cancel a training course or substitute their place, they must follow the procedures and deadlines specified in the cancellation and substitution policies for the specific course. The User acknowledges that certain fees may apply for cancellations or substitutions.
Technology and Access: For online courses, the User is responsible for ensuring that their devices meet the technical requirements for accessing the course content. If technical issues arise, the User should seek appropriate support.
Non-Attendance: The User understands that failure to attend a booked training course without prior notice to Oplos Marketing and Media will result in the forfeiture of course fees and the absence of the option to transfer to another course.
Behavior: The User agrees to conduct themselves appropriately during training courses, whether face-toface or online. Inappropriate behavior, as deemed by Oplos Marketing and Media or its trainers, may result in removal from the course without a refund.
Intellectual Property: The User acknowledges that all materials provided by Oplos Marketing and Media, including course materials, are protected by intellectual property rights. The User agrees not to copy, reproduce, upload, post, display, or link to Oplos Marketing and Media content without prior permission.
Professional Advice: The User understands that opinions expressed during training courses are those of individual trainers and not necessarily those of Oplos Marketing and Media. For specific situations, the User should seek professional advice.
Data Sharing: The User acknowledges that their personal data, including their full name, job title, and employer, may be shared with trainers in advance of the course for administrative purposes and course delivery.
Feedback: The User is encouraged to provide feedback on the training courses and services to help Oplos Marketing and Media improve its offerings.
Rules for Acceptable Conduct, Account Creation, and Password Protection:
Acceptable Conduct:
The User agrees to conduct themselves in a respectful and professional manner during all training courses, whether they are face-to-face or online. Inappropriate conduct, including but not limited to harassment, discrimination, or disruptive behavior, will not be tolerated.
The User shall not engage in any behavior that may hinder the learning experience of other participants, including excessive interruptions, use of offensive language, or any activity that violates applicable laws or regulations.
Oplos Marketing and Media reserves the right to remove any participant from a training course if their conduct is deemed inappropriate, disruptive, or in violation of these terms and conditions. In such cases, no refunds or reimbursements will be provided.
Account Creation:
To access certain training courses and materials, the User may be required to create an account on the Oplos Marketing and Media platform. The User is responsible for maintaining the confidentiality of their account credentials.
The User agrees to provide accurate and complete information when creating an account and to update their account information as necessary to keep it current.
Oplos Marketing and Media reserves the right to suspend or terminate User accounts if any information provided is found to be inaccurate, or misleading, or if the User violates these terms and conditions.
Password Protection:
The User is responsible for the security of their account password. Passwords should be kept confidential and not shared with others.
If the User suspects that their account has been compromised or accessed without authorization, they should immediately notify Oplos Marketing and Media to take appropriate action.
Oplos Marketing and Media will not be liable for any loss or damage resulting from unauthorized access to the User’s account due to the User’s failure to protect their password adequately.
User Data Collection, Use, Storage, and Protection:
Data Collection:
When booking a training course with Oplos Marketing and Media, the User is required to provide certain personal information, including but not limited to their full name, contact information, job title, and employer. This data is collected via the booking process.
Oplos Marketing and Media may also collect data related to the User’s course progress, performance, and interactions within online training platforms for the purpose of improving the learning experience.
Data Use:
User data is primarily used for the purpose of delivering the training course and facilitating communication-related to the course.
Oplos Marketing and Media may use User data to inform Users about upcoming courses, educational materials, and relevant updates.
User data may be shared with trainers to facilitate course administration and delivery.
Data Storage:
User data is stored securely and in accordance with applicable data protection laws and regulations, including the General Data Protection Regulation (GDPR).
Oplos Marketing and Media takes measures to protect User data from unauthorized access, disclosure, alteration, and destruction.
Data Protection:
Oplos Marketing and Media is committed to protecting User data and takes steps to ensure data security. However, it is important to note that no method of data transmission or storage is entirely secure, and Oplos Marketing and Media cannot guarantee the security of User data.
Users are encouraged to create strong passwords and take precautions to safeguard their account credentials.
Data Sharing:
Oplos Marketing and Media may share User Data with trainers and instructors for the purpose of course administration and delivery. Trainers are expected to handle User data with care and in accordance with applicable data protection laws.
Oplos Marketing and Media does not share User data with third parties for marketing purposes without User consent.
Data Retention:
User data will be retained for as long as necessary to fulfill the purposes outlined in these terms and conditions, as well as to comply with legal and regulatory requirements.
Users have the right to request access to, correction of, or deletion of their personal data in accordance with applicable data protection laws.
Company’s Privacy Policy and Data Handling Practices:
Privacy Policy:
Oplos Marketing and Media maintains a comprehensive Privacy Policy that outlines how User data is collected, used, stored, and protected.
Users are encouraged to review the Privacy Policy, which is accessible on the Oplos Marketing and Media website, to gain a full understanding of our data handling practices.
Data Handling Practices:
Oplos Marketing and Media is committed to protecting User data and follows industry best practices and legal requirements for data handling.
Data collected from Users is used solely for the purpose of delivering training courses and facilitating communication-related to the courses.
User data is stored securely and is subject to stringent security measures to prevent unauthorized access, disclosure, or alteration.
Oplos Marketing and Media does not share User data with third parties for marketing purposes without User consent.
Users have the right to request access to, correction of, or deletion of their personal data in accordance with applicable data protection laws.
Ownership of Content, Trademarks, Copyrights, and Intellectual Property:
Content Ownership:
All training course materials, including but not limited to course content, curriculum, presentations, handouts, videos, and any other instructional materials, provided by Oplos Marketing and Media, are owned by Oplos Marketing and Media.
Users are granted a non-exclusive, non-transferable, revocable license to use the training course materials for personal and educational purposes during their participation in the course.
No part of the training course content may be copied, reproduced, uploaded, posted, displayed, or linked to in any way, in whole or in part, without the prior written permission of Oplos Marketing and Media.
Trademarks:
All trademarks, service marks, logos, and trade names used by Oplos Marketing and Media are the property of Oplos Marketing and Media.
Users are not authorized to use any Oplos Marketing and Media trademarks, service marks, logos, or trade names without the express written consent of Oplos Marketing and Media.
Copyrights:
All intellectual property rights in all materials available from Oplos Marketing and Media, including the design, graphics, and text of all printed materials and the audio of all webinars and podcasts, are owned by Oplos Marketing and Media.
Users are prohibited from reproducing, distributing, or otherwise using any copyrighted materials provided by Oplos Marketing and Media without prior written permission.
User-Generated Content:
Users may be allowed to submit user-generated content, such as discussion forum posts or comments, as part of their participation in training courses.
By submitting user-generated content, Users grant Oplos Marketing and Media a non-exclusive, royalty-free, worldwide, perpetual license to use, display, modify, and distribute such content for educational and promotional purposes related to Oplos Marketing and Media training courses.
Users retain ownership of their user-generated content but grant Oplos Marketing and Media the rights specified above.
Dispute Resolution, Jurisdiction, and Venue:
Dispute Resolution Methods:
In the event of a dispute between the User and Oplos Marketing and Media arising from these terms and conditions or the training courses, the parties agree to first attempt to resolve the dispute through good-faith negotiations and discussions.
If the dispute remains unresolved through negotiations, the parties may pursue alternative dispute resolution methods, such as arbitration or mediation, as agreed upon by both parties.
If alternative dispute resolution methods do not result in a resolution, either party may choose to pursue litigation in accordance with the terms specified herein.
Arbitration:
If the parties agree to resolve the dispute through arbitration, arbitration proceedings will be conducted in accordance with the rules and regulations of the chosen arbitration provider, and the decision of the arbitrator(s) will be binding and enforceable by law.
Mediation:
If the parties agree to resolve the dispute through mediation, they will engage in the mediation process with a neutral third party. Mediation is a non-binding process aimed at reaching a mutually acceptable resolution.
Litigation:
If the dispute remains unresolved through negotiations, arbitration, or mediation, the parties may choose to pursue litigation. Any legal action will be conducted in the appropriate court of law.
Jurisdiction and Venue:
Any legal disputes, claims, or actions arising from these terms and conditions or related to Oplos Marketing and Media training courses shall be subject to the exclusive jurisdiction of the courts in Kenya, and the venue for any legal proceedings shall be in Kenya.
The parties agree to submit to the jurisdiction of the Kenyan courts and waive any objections based on the convenience or inappropriateness of the chosen jurisdiction and venue
Termination of Agreement or Service:
Breach of Terms:
Oplos Marketing and Media reserves the right to terminate this agreement and/or the provision of training courses in the event of a user’s breach of any terms and conditions outlined herein.
A breach of terms includes but is not limited to unauthorized use or reproduction of training course materials, violation of intellectual property rights, disruptive behavior during training courses, or any other actions that are contrary to the agreed-upon terms.
In the event of a breach, Oplos Marketing and Media may terminate the agreement and access to training courses with immediate effect, without issuing a refund.
Non-Payment:
Failure to make full payment for training courses in accordance with the specified payment terms may result in the termination of the User’s access to the course.
Oplos Marketing and Media may provide a grace period for payment, but if payment is not received within the specified time frame, the User’s access to the course may be terminated.
Disruptive Behavior:
Oplos Marketing and Media reserves the right to terminate a user’s access to a training course in the event of disruptive behavior, harassment, or any conduct that interferes with the learning experience of other participants.
Other Termination Circumstances:
Oplos Marketing and Media may terminate the provision of training courses in the event of unforeseen circumstances, including but not limited to technical issues, or circumstances beyond the control of Oplos Marketing and Media.
In such cases, Oplos Marketing and Media will make reasonable efforts to provide alternative solutions or reschedule affected training courses.
Limitation of Liability and Disclaimer:
Limitation of Liability:
Oplos Marketing and Media shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from or in connection with the use or inability to use our training courses or services.
Oplos Marketing and Media shall not be liable for any disruptions, interruptions, delays, or technical issues that may affect the delivery or availability of training courses, whether caused by our systems or external factors.
Oplos Marketing and Media shall not be liable for any damages or losses resulting from User actions or decisions, including but not limited to the use or reliance on the content provided in training courses.
Disclaimer – “As Is” Service:
Oplos Marketing and Media provides its training courses and services “as is” and makes no representations or warranties of any kind, whether express or implied.
Oplos Marketing and Media disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Oplos Marketing and Media does not warrant that the training courses will be error-free, uninterrupted, or free from viruses, bugs, or other harmful components.
Users acknowledge that they use Oplos Marketing and Media training courses and services at their own risk and discretion.
Indemnification:
Users agree to indemnify and hold harmless Oplos Marketing and Media and its affiliates, employees, and agents from any claims, liabilities, damages, losses, or expenses, including legal fees, arising out of or in connection with their use of our training courses or services, breach of these terms and conditions, or violation of any applicable laws or regulations.
Governing Law:
These terms and conditions, and any disputes arising from or related to them or the training courses provided by Oplos Marketing and Media, shall be governed by and construed in accordance with the laws of Kenya.
The parties agree that any legal proceedings related to these terms and conditions shall be subject to the exclusive jurisdiction of the courts in Kenya, as specified in the jurisdiction and venue section.
Entire Agreement:
These terms and conditions, along with any additional policies, guidelines, or documents referenced herein, constitute the entire agreement between the User and Oplos Marketing and Media regarding the subject matter herein.
Any prior agreements, understandings, or representations, whether written or oral, are superseded by this agreement.