Introduction

Welcome, and thank you for your interest in Mimi Ni Nani Limited(“Mimi Ni Nani,” “we,” “us,” or “our”), which operates the web site located athttp://mimininani.com(the “Website”) and related application programming interfaces (“APIs”), mobile applications and Virtual services, including, but not limited to, the Mimi Ni Nani Application and related applications, any Downloadable Content (as defined below), and any other products and services that Company may provide now or in the future (collectively, the “Services”). The following Terms of Service are a legal contract between you (“you” and “your”) and Mimi Ni Nani regarding your use of the website. Visitors and users of the website are referred to individually as “User” and collectively as “Users”.

PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE MIMI NI NANI PRIVACY POLICY AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS”).

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD (UNDER THE AGE OF 18 YEARS OLD) TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE. IF YOU ARE SCHOOL PERSONNEL (AS DEFINED BELOW) AND YOU REGISTER A SCHOOL USER (AS DEFINED BELOW), YOU AGREE, ON BEHALF OF YOUR INSTITUTION, THAT THE SCHOOL USER IS BOUND BY THE TERMS, UNLESS YOUR INSTITUTION HAS A SEPARATE WRITTEN SERVICE AGREEMENT WITH MIMI NI NANI THAT ACCEPTS THESE TERMS ON BEHALF OF SCHOOL USERS.

Rules for online conduct

You agree that you are responsible for your own use of the Mimi Ni Nani Site and for your Postings. “Postings” means all content submitted, posted, published, or distributed on the Mimi Ni Nani Site by you or other users of the Mimi Ni Nani Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos, and file uploads. You agree that you will use the Mimi Ni Nani Site in compliance with these Agreements, and all applicable national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all Tanzania export control laws.

As a condition of your use of the Mimi Ni Nani Site, you will not use the Mimi Ni Nani Site in any manner intended to damage, disable, overburden, or impair any Mimi Ni Nani server or the network(s) connected to any Mimi Ni Nani server or to interfere with any other party’s use and enjoyment of the Mimi Ni Nani Site. You may not attempt to gain unauthorized access to the Mimi Ni Nani Site, other accounts, computer systems, or networks connected to any Mimi Ni Nani server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the Mimi Ni Nani Site, its servers, or associated computers through any means not intentionally made available through the Mimi Ni Nani Site. If you are a registered user, you will not share your password or let anyone else access or compromise your account.

Furthermore, you agree not to scrape, or otherwise download in bulk, any Mimi Ni Nani Site content that is not open for the public, including but not limited to a list or directory of users on the system, user information or program materials. You agree not to misrepresent or attempt to misrepresent your identity while using the Mimi Ni Nani Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).

Strictly prohibited items

THE FOLLOWING ITEMS ARE STRICTLY PROHIBITED ON THE MIMI NI NANI SITE:

  • Content that defames, harasses or threatens others;
  • Content that discusses illegal activities with the intent to commit them;
  • Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
  • Profane, pornographic, obscene, indecent or unlawful content;
  • Advertising or any form of commercial solicitation;
  • Content related to partisan political activities;
  • Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property; and
  • Content that contains intentionally inaccurate information or that is posted with the intent of misleading others (this list, collectively, “Strictly Prohibited Items”).
  • You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the Mimi Ni Nani Site.

User Accounts

In order to create a user account, you must provide your full name, an email address, your country or region of residence, a public username, and a user password. You agree that you will never divulge or share access or access information for your user account with any third party for any reason. In setting up your user account, you may be prompted to enter additional optional information (e.g., your year of birth). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.

We care about the confidentiality and security of your personal information. Please see the Privacy Policy for more information about the collection and use of data on the Mimi Ni Nani Site.

Your Right to use Content on the Mimi Ni Nani Site

Unless indicated as being in the public domain, the content on the Mimi Ni Nani Site is protected by Tanzania and foreign copyright laws. Unless otherwise expressly stated on the Mimi Ni Nani Site, the texts, exams, video, images, and other instructional materials provided with the trainings and programs offered on the Mimi Ni Nani Site are for your personal use in connection with those trainings and programs only. Certain reference documents, digital textbooks, articles, and other information on the Mimi Ni Nani Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using the Mimi Ni Nani Site, you agree to abide by all such rules and conditions. You agree to retain all copyright and other notices on any content you obtain from the Mimi Ni Nani Site. All rights in the Mimi Ni Nani Site and its content, if not expressly granted, are reserved.

License Grant to Mimi Ni Nani

Apart from content/material created exclusively by Mimi Ni Nani, Mimi Ni Nani does not claim ownership rights in content/material created and/or posted on the site by other users. After creating and/or posting your User Material, you continue to retain all ownership rights. By creating and/or Posting your content/Material, you grant Mimi Ni Nani a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such content/material through Mimi Ni Nani services, in perpetuity, in any media formats and any media channels now known or hereinafter created. Without this license, we would not be able to provide your content in connection with the Mimi Ni Nani Services. For example, without the right to modify content, we cannot format it to satisfy technical requirements, and without the right to publish the content, we cannot allow other users to view the content.

The license you grant to Mimi Ni Nani is non-exclusive (meaning you are free to license your content/material to anyone else in addition to Mimi Ni Nani), fully-paid and royalty-free (meaning that Mimi Ni Nani is not required to pay you for the use of your content/material), and sublicensable (so that Mimi Ni Nani is able to use its affiliates, subcontractors and other partners such as internet content delivery networks to provide the Mimi Ni Nani Services). By Posting your content/material, you also hereby grant each user of the Mimi Ni Nani site a non-exclusive limited license to access your content/Material through the Sites, and to use, display, reproduce, distribute, and perform such content as permitted through the functionality of the Mimi Ni Nani Services and under these Terms of Use.

PRODUCTS & SERVICES

Generally.

From time to time, Mimi Ni Nani may offer services and products for a fee. For anything that you choose to purchase on the Mimi Ni Nani Site, you agree to pay all applicable fees when due. As described in the Privacy Policy, the processing of your payment information is done by a third-party payment vendor, and you will be routed to a secure payment flow controlled by that vendor to complete the payment transaction. Once your payment transaction is completed, a Mimi Ni Nani confirmation page will be displayed, and you will receive a confirmation email with your name, order number, and the payment amount. Please retain this email for your records as this information will be required if you seek a refund from Mimi Ni Nani, as described below.

Certificates.

Mimi Ni Nani may offer Certificates of Achievement for trainings (a “Certificate”) or certificates for programs (for example, a Mimi Ni Nani Leadership Development Program certificate) for participants who, have satisfactorily demonstrated mastery of the training or program material. Certificates will be issued by Mimi Ni Nani. The decision whether a certificate will be awarded to a given learner will be solely within the discretion of Mimi Ni Nani.

Fees and Payment

By enrolling in Mimi Ni Nani Virtual Programs or purchasing any of our Services and providing Mimi Ni Nani with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by Mimi Ni Nani through the Services, you must have Internet access and a current valid accepted payment method as indicated during sign-up process (“Payment Method”). You agree to Mimi Ni Nani, or its third-party payment provider, storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Mimi Ni Nani Services as they become due, whether on a one-time, instalment, or subscription basis. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Mimi Ni Nani does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all users, and that specific additional terms and conditions may apply to certain promotional programs, pricing, or geographic locations. You agree to use your own valid Payment Method and not impersonate or otherwise use a Payment Method to avoid regulatory restrictions.

Pre-Orders for Mimi Ni Nani Virtual Course/training/program. If you elect to pre-order and secure a enrolment in a Mimi Ni Nani Virtual Course, you will be required to provide your accurate Payment Method, however your Payment Method will not be charged at the time of the pre-order. Your Payment Method will only be charged when the Virtual Course officially starts and you receive access to the Virtual Course content and associated services. Thereafter your Payment Method will be charged in accordance with the terms that you selected at the time of your pre-order.

Cancellation & Refund Policy

MIMI NI NANI VIRTUAL PROGRAMS PARTICIPANT’S RIGHT TO CANCEL.

You have the right to cancel your agreement for a Virtual program, without any penalty or obligations, and may receive a refund (depending on the reason for cancellation) within one week of your Program Start Date.

However, the decision on the amount and whether a refund will be provided to a given program participant will be solely within the discretion of Mimi Ni Nani.

Cancellation may occur when you provide a written notice of cancellation at the following address: info@mimininani.com

WITHDRAWAL FROM THE PROGRAM

You may withdraw from the Mimi Ni Nani Virtual Programs at any time after the cancellation period (described above) and may receive a refund (depending on the reason for cancellation) within one week of your Program Start Date. If you have completed more than 60% of the period of attendance in the program for which you were charged, the tuition is considered earned and you will receive no refund.

For the purpose of determining a refund under this section, you shall be deemed to have withdrawn from a program when any of the following occurs:

  • You notify Mimi Ni Nani in writing of the withdrawal or as of the actual last date of your attendance, whichever is later.
  • Mimi Ni Nani terminates your enrolment for failure to maintain satisfactory behaviour; failure to abide by Mimi Ni Nani rules and regulations; absences in excess of maximum set forth by Mimi Ni Nani; and/or failure to meet financial obligations to Mimi Ni Nani.
  • You have failed to attend class for three (3) consecutive sessions without prior notice.
  • You fail to return from a leave of absence.

If any portion of the fees was paid from the proceeds of a loan or third party, the refund shall be sent to the lender or third party. Any remaining amount shall be paid to the participant.

Taxes.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

Trademarks

Use of Mimi Ni Nani and/or its Partner’s Names, Trademarks, and Service Marks.

The “Mimi Ni Nani”, logos and seals are trademarks (“Trademarks”) of Mimi Ni Nani Limited. You may not use any of these Trademarks, or any variations thereof, without Mimi Ni Nani’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the Mimi Ni Nani’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the Mimi Ni Nani.

All Trademarks not owned by Mimi Ni Nani that appear on the Mimi Ni Nani Site or on or through the services made available on or through the Mimi Ni Nani Site, if any, are the property of their respective owners.

Nothing contained on the Mimi Ni Nani Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Mimi Ni Nani Site without the written permission of Mimi Ni Nani of the applicable Trademark.

Copyright

Copyright owners who believe their material has been infringed on the Mimi Ni Nani Site should contact Mimi Ni Nani at info@mimininani.com

Notification must include:

  • Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to locate the material (e.g., URL, IP address, computer name).
  • Information for us to be able to contact the complaining party (e.g., email address, phone number).
  • A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent.
  • A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

Disclaimers of Warranty / Limitations of Liabilities

THE MIMI NI NANI SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE MIMI NI NANI SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

MIMI NI NANI NOT WARRANT THAT THE MIMI NI NANI SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE MIMI NI NANI SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE TRAININGS OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. MIMI NI NANI ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE MIMI NI NANI SITE OR ANY PROGRAMS OR CONTENT, OR THAT ANY PARTICULAR PROGRAMS OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE.

USE OF THE MIMI NI NANI SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE MIMI NI NANI SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE MIMI NI NANI SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE PRIVACY POLICY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER MIMI NI NANI WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE MIMI NI NANI SITE OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE MIMI NI NANI SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MIMI NI NANI NOR ANY OF THE MIMI NI NANI WEBSITE USERS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT MIMI NI NANI OR ANY OF THE MIMI NI NANI WEBSITE USER HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA).

Indemnification

You agree to defend, hold harmless, and indemnify Mimi Ni Nani and the Mimi Ni Nani and is respective Programs Participants, affiliates, officers, faculty, fellows, governing board members, agents and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the Mimi Ni Nani Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, Mimi Ni Nani or the applicable Mimi Ni Nani Participant will provide you with written notice of such claim, suit, or action.

Additional Terms

Entire Agreement.

The Agreements constitute the entire agreement between you and Mimi Ni Nani with respect to your use of the Mimi Ni Nani Site, superseding any prior agreements between you and Mimi Ni Nani regarding your use of the Mimi Ni Nani Site.

Waiver and Severability.

The failure of Mimi Ni Nani to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Agreements shall remain in full force and effect.

Choice of Law/Forum Selection.

You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements or any content or service obtained from or through the Mimi Ni Nani Site will be governed by the laws of Tanzania, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in Tanzania. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defence or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Effective Date:

06th October, 2020.

Honor Code

Honor Code Pledge

By enrolling in a Mimi Ni Nani program, I agree that I will:

  • Complete all tests and assignments on my own, unless collaboration on an assignment is explicitly permitted.
  • Maintain only one user account, unless Mimi Ni Nani has approved the use of a separate user account in connection with an employer-sponsored or university-sponsored program.
  • Not let anyone else use my username and/or password.
  • Not engage in any activity that would dishonestly improve my results, or improve or hurt the results of others.
  • Not post answers to problems that are being used to assess learner performance.

Violations

If you are found in violation of the Terms of Service or Honour Code, you may be subject to one or more of the following actions:

  • Receiving a zero or no credit for an assignment;
  • Having any certificate earned in the program withheld or revoked;
  • Being unenrolled from a program; or
  • Termination of your use of the Mimi Ni Nani Site.
  • Additional actions may be taken at the sole discretion of Mimi Ni Nani  

No refunds will be issued in the case of any corrective action for such violations.

Honour Code violations will be determined at the sole discretion of Mimi Ni Nani. You will be notified if a determination has been made that you have violated this Honour Code and you will be informed of the corresponding action to be taken as a result of the violation.

Changing the Honour Code

Please note that we review and may make changes to this Honour Code from time to time. Any changes to this Honour Code will be effective immediately upon posting on this page, with an updated effective date. By accessing the Mimi Ni Nani Site after any changes have been made, you signify your agreement on a prospective basis to the modified Honour Code and any changes contained therein. Be sure to return to this page periodically to ensure familiarity with the most current version of this Honour Code.

Effective Date:

1st October, 2020.