Terms of Service

Last Updated: January 1, 2024

1. Acceptance of Terms

Welcome to Elixir Digital Academy. By accessing or using our website, mobile applications, and online learning platform (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Platform.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Elixir Digital Academy ("we," "us," or "our").

2. Description of Services

Elixir Digital Academy provides online beauty and wellness education courses, including but not limited to:

• Hair styling and hair care courses
• Makeup artistry training
• Skincare and facial treatments
• Nail care and nail art
• Beauty entrepreneurship and business management
• Live Zoom sessions and workshops
• Access to WhatsApp community groups
• Downloadable learning materials and resources

All courses are provided on an "as available" basis and are subject to change without prior notice.

3. User Accounts

3.1 Account Creation

To access certain features of the Platform, you must create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account information.

3.3 Eligibility

By creating an account, you represent that:

• You are at least 18 years of age or have obtained parental consent
• You have the legal capacity to enter into these Terms
• You are not located in a country that is subject to a U.S. government embargo
• You are not on any U.S. government list of prohibited or restricted parties

4. Course Enrollment and Access

4.1 Enrollment Process

To enroll in a course, you must:

• Complete the registration process
• Pay the required course fee (where applicable)
• Submit your M-Pesa transaction ID for verification (for M-Pesa payments)
• Await confirmation of your enrollment

4.2 Course Access

Upon successful enrollment and payment verification, you will receive access to:

• Video lessons and course materials
• Downloadable resources and PDFs
• Live Zoom session invitations (where applicable)
• WhatsApp community group access
• Assignment and assessment submissions
• Certificate of completion (upon successful course completion)

4.3 Course Duration

Course access is granted for a specific duration as indicated on the course page. Some courses may have lifetime access, while others are time-limited. Please check the course description for specific access terms.

5. Payments and Fees

5.1 Payment Methods

We accept the following payment methods:

• M-Pesa (Paybill 880100, Account Number 777733)
• Bank transfers (upon request)
• Other payment methods as may be offered from time to time

5.2 Payment Verification

For M-Pesa payments, you must submit your transaction ID for verification. Access to the course will be granted upon successful verification of the payment. Verification may take up to 24 hours during business days.

5.3 Refund Policy

We offer a 7-day money-back guarantee for courses if you are not satisfied with the content. To request a refund:

• Contact us at contact@elixirdigital.academy
• Include your name, course title, and reason for refund
• Refunds will be processed within 7-14 business days
• Refunds are not provided after the 7-day period or if you have completed more than 30% of the course content

5.4 Pricing

All prices are in Kenyan Shillings (KES) unless otherwise stated. We reserve the right to change our prices at any time. However, price changes will not affect courses you have already purchased.

6. Intellectual Property

6.1 Our Content

All content on the Platform, including but not limited to video lessons, text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of Elixir Digital Academy and is protected by copyright, trademark, and other intellectual property laws.

6.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its content for your personal, non-commercial educational purposes. This license does not include:

• Reselling or commercial use of any content
• Copying, reproducing, or distributing any content without permission
• Modifying, translating, or creating derivative works
• Reverse engineering or decompiling any software

6.3 User Content

By submitting content (including comments, assignments, or feedback) to the Platform, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, modify, and distribute that content for educational purposes.

7. User Conduct

You agree to use the Platform responsibly and ethically. You will not:

• Use the Platform for any unlawful purpose
• Harass, abuse, or harm others on the Platform
• Impersonate any person or entity
• Post or transmit any malicious code or viruses
• Attempt to gain unauthorized access to the Platform
• Share course materials with non-enrolled individuals
• Engage in any activity that disrupts the learning experience of others
• Use the Platform to promote competing services

8. Termination

We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent activity or misrepresentation
• Non-payment of fees
• Harassment or abuse of other users or staff
• Any conduct that we deem harmful to the Platform or its users

Upon termination, your right to access the Platform will cease immediately. You will not be entitled to a refund of any fees paid, except as provided in our refund policy.

9. Disclaimer of Warranties

THE PLATFORM AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:

• The Platform will be uninterrupted, secure, or error-free
• The results obtained from using the Platform will be accurate or reliable
• The quality of any products, services, or information obtained through the Platform will meet your expectations

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ELIXIR DIGITAL ACADEMY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM.

Our total liability to you for any claim arising from these Terms shall not exceed the amount you have paid to us for the specific course or service giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Elixir Digital Academy and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of applicable laws or regulations

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date at the top of this page
• Sending an email notification (for significant changes)

Your continued use of the Platform after any changes constitutes your acceptance of the new Terms. If you do not agree to the changes, you must stop using the Platform.

14. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: contact@elixirdigital.academy
• Phone: 0706394035
• Address: Nairobi, Kenya
• WhatsApp: Chat with us on WhatsApp