Terms of Use

This web site (the “EduPodia“) is owned and operated by Festabiz Global Ventures. (“EduPodia“, “EduPodia.com“, “LessonPlan.EduPodia.com”, “we“, “us” or “our“). The use of this Site and the content and information available on this Site (collectively the “Services“) shall be subject to acceptance of and compliance with the terms and conditions set forth in these terms of use (collectively, the “Terms of Use“) and elsewhere on this Site. The terms “you,” “your“, “yours“, “member” “members” and “yourself” refer to all visitors/members/vendor to this Site. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of the Site. If you do not agree to these Terms of Use, you should not review information or obtain goods, services or products from this Site. The Sample Store has the total right to edit or delete any content in the Site, including this Agreement, without notifying you.

USE OF THIS SITE
You agree not to:-

(a) reproduce, copy, distribute, modify, publish, transmit, display, use, reuse, re-publicize, assign, sublicense, sell, or exploit for any public or commercial purpose, any portion of the Site, use of the Site, or access to the Site.

(b) attempt to change, add to, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on this Site; and/or

(c) access or use this Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site, or interfere with anyone else’s use and enjoyment of the Site.

Vendor benefits:

(a) Marketplace Access:

As a vendor, you will be able to experience the unparalleled advantages, convenience, and ease of the EduPodia’s comprehensive marketing, hosting, advertising, sales and tracking (“marketplace”).

Services: EduPodia may also offer other services (“services”), as described  more fully herein and on the EduPodia/LessonPlan.EduPodia website or vendor web pages (collectively, the “site”), some of which are optional and/or may require additional payment. Services may include, but are not limited to, advertisement services (including e.g. featured listings and market “bumps”), enhanced marketing services (e.g. split testing, tracking and reporting), enhanced product placement, and more. EduPodia reserves the right in its sole discretion to add, delete, change, suspend or discontinue providing the marketplace, services, and/or site to you at any time, and may impose limits on certain features and materials offered or restrict your access to parts or all of marketplace, services, and/or site without notice or liability.

Other benefits: EduPodia may offer certain other benefits. As a vendor/affiliate you may have the opportunity to attend live events, conferences, seminars, technical workshops, and/or other events (including online or on-air broadcasts of such events, or recordings thereof) (“EduPodia events”).

EduPodia events may be free or paid admission, open to the public or restricted to vendors/affiliates. EduPodia will endeavor, at its discretion, to provide discounted admissions, special sessions, opportunities to speak, or other options to vendors/affiliates. So, basically some of the EduPodia features, benefits and services are free, while others might require an extra fee, and EduPodia may offer, remove or change them at any time.

(b) Selling your products

As a vendor hereunder, you may submit one or more Lesson Plans for sale (“products”) via the EduPodia marketplace – LessonPlan.EduPodia.com. All Lesson Plan must be suitable for digital delivery.

EduPodia (LessonPlan.EduPodia.com) acts as a reseller for the vendors’ products. That means that buyers are technically buying from EduPodia and not directly from the vendor. You will however retain all rights and liabilities to your products except as provided herein.

You understand that EduPodia will review your products or content for completeness, accuracy, quality, marketability, or the like, so it’s your responsibility as a vendor to submit products with complete, accurate and quality contents, or else EduPodia might remove them from the marketplace.

EduPodia reserves the right to reject any product(s) for any reason or no reason at any time in its sole discretion. Moreover, it is to your great advantage to ensure the quality of your product(s). Each product will be subject to reviews and/or ratings from purchasers, which will be available and/or prominently displayed to potential buyers of your product(s) in the market place, LessonPlan.EduPodia.com. Lesson Plans that are selected, edited, and published carry the EduPodia watermark.

(c) Pricing of Product(s):

Only EduPodia may set the price (“sales price”) for the products. As a vendor, you agree give EduPodia the right to set the price for your products (Lesson Plans) and not to attempt to interfere with the pricing. Currently, the “lower price limit” for Lesson Plan is N800. However, EduPodia expressly reserves the right to increase or reduce price for the marketplace as a whole, or on a per vendor basis.

As a vendor, you understand and agree not to offer the same product (Lesson Plan) listed on the EduPodia (or LessonPlan.EduPodia.com) marketplace for a different price somewhere else. This includes your website or via your social handles. In situations where the vendor has to alter the price of a particular product listed on the EduPodia marketplace on the vendor’s website, the vendor must inform EduPodia to update the price on the EduPodia website as well.

EduPodia reserves the right to suspend a Vendor’s product if there are differences in price listed on the Vendor’s website/Social media pages or handles versus what is listed on EduPodia.

EduPodia may terminate any vendor who violates this provision repeatedly and the vendor shall be solely responsible for any liability that may result from such.

(d) Hosting:

You understand and agree that the sales page (“sales page”) promoting the content and/or products on the marketplace will be hosted by EduPodia on EduPodia’s servers.

EduPodia will make the sales pages in the marketplace available on the internet, and shall use commercially reasonable efforts to maintain the availability (i.e. uptime) of such sales pages for the consuming public. However, no guarantees of uptime are made. EduPodia does not own or control the internet and shall have no responsibility or liability for any time(s) the marketplace or specific sale pages are not accessible (i.e. “downtime”), even if your marketing and/or advertising efforts, product sales, or commissions are disrupted as a result of such downtime, and even if the downtime is a result of EduPodia’s error or negligence.

(e) Payment processing and signup fees:

To facilitate the marketplace, EduPodia will connect with other third part companies (including banks) to process all payments for all product purchases made through the LessonPlan.EduPodia.com marketplace. Thus, you expressly grant permission to EduPodia to sell your products, and to process payments received from the sale of your product(s) in the marketplace, and agree to pay the assigned transaction or processing fees (“EduPodia fees”) in exchange for the services provided by EduPodia, currently, the EduPodia fees are as follows:

All vendors are required to register on EduPodia for free. EduPodia will also charge a commission of 50% per sale on all vendor products, (20% for Administrative charge and 30% for marketing, sales and advertisements). These EduPodia fees are changed per sale.

(f) Payments to vendors/affiliates:

Vendors are paid twice a month, on the 15th and on the 30th of every month. Payment from sales made between 30th and 14th are settled to vendors’ bank accounts on the 15th while sales made between 15th and 29th are settled on the 30th.

EduPodia charges 50% of the Lesson Plan cost (30% is for Marketing, Advertisement and site maintenance while 20% covers administrative fees). Vendors are paid 50% less payment processing fee of 1.5% percent, less N100 (N100 fee is waived for transactions under N2,500) and less N25 payment settlement fee.

For example, if customer pays N800; we’ll settle you N363 (i.e. 50% of N800 – payment processing fee 1.5% of N800 – payment settlement fee of N25) and If customer pays N2,800; we’ll settle you N1,233 (i.e. 50% of N2800 – payment processing fee 1.5% of N2800 – payment settlement fee of N25 – N100).

Currently, vendors can receive payments via any Nigerian bank account, and EduPodia is constantly working to offer new payment methods.

You understand and agree that EduPodia is obligated to pay vendors for three years for sales of their product(s) made on the LessonPlan.EduPodia.com marketplace from the day of listing, after which we may either remove or retain the product(s) on the marketplace without payout obligations, subject to annual listing fee of N2,400 (subject to modified from time to time).

(g) Relationship with EduPodia:

You understand and agree that by becoming a vendor/affiliate, no legal partnership, joint venture, or agency relationship is created between you and EduPodia. Neither you nor EduPodia is a partner, a joint venturer, an agent or has any authority to obligate or bind the other. You may not represent otherwise. As a vendor, you understand that you are allowing EduPodia to sell the product(s)/content you place in the marketplace. EduPodia is a licensee or at most a distributor of your product(s)/content.

USE OF INFORMATION

We have a group privacy policy which sets out how we handle personal data that you may provide or that we may collect, in connection with your access or use of this website. The policy is available on this website. You accept and agree to the terms set out in the policy and consent to the collection, use and disclosure of your personal data in accordance with the policy.

SUBMISSIONS

You may post reviews of products or services, comments, suggestions, or other messages (collectively referred to as “Listing or Submissions”) so long as the content of your Listing or Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. EduPodia reserves the right (but not the obligation) to monitor, edit and remove any Listing or Submission. By posting or sending us any Listing or Submission, you grant EduPodia a non-exclusive, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Listing Submission in any media.

PROMOTIONS

From time to time, we may offer and/or co-sponsor contests and games on the Site. Each of these activities shall be governed by specific rules accessible from the Site. Again, we may feature sponsored post on software or product that is related to what we do.

DISCLAIMER AND EXCLUSION OF LIABILITY

1. This Site, the Services, the information on this Site and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.

2. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to this Site and its contents, including in relation to any inaccuracies or omissions in this Site, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, noninfringement or implied warranties from course of dealing or usage of trade.

3. We do not warrant that this Site will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that this Site will not be affected by any Acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

4. While we may use reasonable efforts to include accurate and up-to-date information on this Site, we make no warranties or representations as to its accuracy, timeliness or completeness. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, RESULTING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING FROM THE SITE, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

6. Notwithstanding our efforts to ensure that our Site/system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this Site, or electronic mail transmitted to and from us, will not be monitored or read by others.

7. Although we use reasonable endeavours to ensure that any software made available on this Site is suitable for downloading, installation and use by you, all such software is provided “as is” without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use by you.

LINKS TO THIS SITE

You may not create a link to any page of this Site without our prior written consent. If you do create a link to a page of this Site, you do so at your own risk and these Terms of Use will apply to your use of this Site by linking to it.

THIRD PARTY ADVERTISEMENTS AND LINKS TO THIRD PARTY SITES

EduPodia may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites, on the Site. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any such advertisement or link does not imply endorsement by EduPodia.com/LessonPlan.EduPodia.com of the advertisement or linked site or any content therein. IN NO EVENT WILL EDUPODIA BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD PARTY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE.

INTELLECTUAL PROPERTY RIGHTS

All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on this Site are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without our written permission. Misuse of any trademarks or any other content displayed on the Site is prohibited.

We will not hesitate to take legal action against any unauthorised usage of its trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners.

CHANGES TO TERMS OF USE

These Terms of Use may be modified from time to time. Any modifications to these Terms of Use will be effective upon posting. You should therefore read these Terms of Use before you place any order. Your continued use of the Site after any modifications to the Terms of Use indicates your acceptance of the modified Terms of Use

GOVERNING LAW AND JURISDICTION

This Site may be accessed from all countries around the world where the local technology permits. As each country has differing laws, by accessing this Site both we and you agree that the laws of the Republic of Nigeria, without regard to the conflict of laws principles thereof, will apply to all matters relating to these Terms of Use.

You accept and agree to submit to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria in respect of any dispute or difference arising out of and/or in connection with these Terms of Use.

Please do check our privacy policy statement.