Terms & Conditions

1. Binding Agreement

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "Student," or "Parent/Guardian") and ThinkViva Enterprises ("Company," "we," "us," or "our"), governing access to and use of our online tutoring services, website and other related platforms (collectively, the "Services"). By booking, paying for, or participating in any session, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms.

2. Eligibility and Parental Responsibility

• Individuals under 18 years may only use the Services through a parent or legal guardian.
• The Parent/Guardian assumes full responsibility for payment, supervision, conduct, and compliance with these Terms.

3. Nature and Scope of Services

• The Company provides educational support services only and does not operate as a formal school or accredited institution.
• We reserve the unrestricted right to modify, suspend, or discontinue any Service, tutor, or subject offering without liability.

4. Payment Obligations

• All fees are due and payable in advance and are strictly non-transferable.
• No session shall be deemed booked or confirmed until full payment is received and verified.
• Prices may be revised at any time without prior consent; however, confirmed bookings will not be affected.
• Failure to make payment when due automatically suspends access to Services.

5. Strict Refund Policy

5.1 General Rule (No Refunds)
All payments made to the Company are final and non-refundable, except as expressly provided below.

5.2 Limited Exceptions
Refunds may be considered solely at the Company's discretion under the following circumstances:

• Proven duplicate payment
• Complete inability of the Company to deliver the purchased Service

5.3 Excluded Circumstances
Under no condition shall refunds be granted for:

• Missed sessions or failure to attend
• Late cancellations (less than 12 hours' notice)
• Dissatisfaction after delivery of a session
• Poor academic performance or unmet expectations
• Client-side issues (including internet failure, device malfunction, or power outage)

5.5 Fees and Processing

• Approved refunds shall be processed within 7–14 business days.
• Administrative, banking, and transaction charges shall be deducted.
• Refund method shall be determined solely by the Company.

6. Cancellation, Rescheduling, and No-Show

• A minimum of 24 hours' notice is required for cancellation or rescheduling.
• Sessions missed without notice ("no-show") are forfeited in full.
• Repeated cancellations or rescheduling may result in suspension of Services without refund.
• The Company reserves the unilateral right to reschedule sessions where necessary.

7. Code of Conduct and Enforcement

You agree to maintain appropriate and respectful conduct at all times. The Company maintains a zero-tolerance policy for:

• Abuse, harassment, or misconduct
• Disruptive behavior
• Unauthorized recording or distribution of sessions

Violation shall result in immediate termination of Services without notice or refund, and may lead to legal action where applicable.

8. Intellectual Property Rights

• All content, materials, recordings, and teaching resources remain the exclusive property of the Company.
• Unauthorized reproduction, recording, sharing, or commercial use is strictly prohibited.
• Breach of this clause may result in legal proceedings and claims for damages.

9. Disclaimer of Warranties

All Services are provided "as is" and "as available" without warranties of any kind, whether express or implied. The Company expressly disclaims any guarantee of:

• Academic success
• Examination performance
• Admission outcomes or grades

10. Limitation of Liability

To the fullest extent permitted under Nigerian law:

• The Company shall not be liable for any indirect, incidental, or consequential damages.
• Liability for any claim shall be strictly limited to the amount paid for the specific Service giving rise to the claim.

11. Technology and Infrastructure Risks

The Client acknowledges and accepts risks associated with internet instability, power outages, and platform failures. The Company shall bear no liability for disruptions caused by such factors, particularly those common within Nigeria.

12. Data Protection and Privacy

We process personal data in accordance with the Nigeria Data Protection Act 2023 and regulations issued by the Nigeria Data Protection Commission. By using our Services, you consent to the collection and processing of your data for legitimate business purposes.

13. Suspension and Termination

The Company reserves the absolute right to suspend or terminate access to Services, without prior notice or refund, where:

• These Terms are breached
• Payment obligations are not met
• Conduct is deemed inappropriate or harmful

14. Indemnification

You agree to indemnify and hold harmless the Company, its tutors, and affiliates from any claims, liabilities, damages, or expenses arising from your misuse of the Services, breach of these Terms, or violation of any applicable law or third-party rights.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. All disputes shall be subject to the exclusive jurisdiction of the courts of Nigeria.

16. Force Majeure

The Company shall not be liable for failure or delay caused by events beyond its reasonable control, including but not limited to power outages, telecommunications failure, government actions, or natural disasters.

17. Amendments

We reserve the right to amend these Terms at any time. Updated Terms shall take immediate effect upon publication or notification. Continued use of Services constitutes acceptance.

18. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior agreements, representations, or understandings.

BY PROCEEDING WITH PAYMENT OR USE OF THE SERVICES, YOU IRREVOCABLY AGREE TO THESE TERMS.