Terms and Conditions of Use

General

Definitions

• Content: any and all MRL® Ltd and third-party editorial content, information, text, images, photos, videos, artwork, illustrations, graphic (art and electronic) images, audio, music, sounds, postings, messages, recommendations, comments, software, files, feedback, bug reports, or other protected materials and authored works of any kind that are utilised and approved for the provision of the Web Portal.
• Data: information stored electronically, on a computer, server or in certain paper-based filing systems.
• Data Subjects: to all living individuals about whom we hold Personal Data. All Data Subjects have legal rights concerning the processing and storage of their personal information.
• Device: any device which is used to access the Web Portal including but not limited to computers, spatial computers, smart phones, tablets, headphones, wearable smart devices, speakers and lights.
• Intellectual Property Rights: any and all intellectual property rights existing in any part of the world under applicable law, including without limitation patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all applications, renewals, extensions and restorations of such rights, now or hereafter in effect worldwide.
• Linked sites: any third-party websites pop-up, external link or outside the domain of the Web Portal.
• MRL® Ltd, us, we, or our: the legal entity MRL® Public Sector Consultant Ltd.
• Personal Data: information which can be used to directly or indirectly identify a living individual.
• Processing: any activity in which the data is used, including (but not limited to) obtaining, recording, organising, amending, retrieving, using, disclosing, erasing, destroying and/or holding the data. The term "processing" also includes transferring personal data to third parties.
• Sensitive Personal Data: information about a person's race, ethnicity, political opinions, convictions, religion, trade union membership, physical and/or mental health, and sexual preference.
• State: Niger State Government.
• Third Party: any natural or legal person, public authority, agency, or body other than the data subject, controller, processor, or persons who, under the direct authority of the controller or processor, are authorised to process or receive personal data.
• User: any person who uses the Web Portal.
• Web Portal: This is the Education Personnel Management Information System (EPMIS), an online platform that consolidates information into a cohesive user interface.
• You, your, yourself: data subject who uses the Web Portal.

Specified Purpose

The purpose of these Terms and Conditions of Use (the "Terms of Use") is to inform you, as a user, of the key elements of the Education Personnel Management Information System ("Web Portal") and to help us provide you with transparent and effective use in accordance with the terms of the Nigeria Data Protection Act 2023. This data forms part of the Transforming Education in Niger State (TENS II) Programme and is being collected to understand the qualifications and experiences of the teachers and non-academic staff employed in the Niger State. It serves regulatory, administrative, statistical, and financial purposes, contributing to the overall improvement of the Niger State education system.

Agreement to Terms of Use

By accessing and using this Web Portal, you acknowledge that you have read, understood and agreed to comply with and be legally bound by these Terms of Use.

Privacy Policy

We care about your data privacy and security. Our Privacy Policy applies to the use of this Web Portal, and its terms are made as part of these Terms of Use by this reference. Our Privacy Policy and the Nigerian Data Protection Commission's website provides more information about the use of and protection of any personal data and sensitive personal data collected from you when you use the Web Portal.

Updates and Changes to these Terms

MRL® Public Sector Consultants Ltd reserves the right, at its sole discretion, to change, modify, enhance, add or remove portions of these Terms of Use, at any time. You will be notified promptly and transparently of any material changes to the Terms of Use and Privacy Policy. It is your responsibility to also check these Terms of Use periodically for changes. Your continued use of the Web Portal following any such change on the Web Portal will mean that you accept and agree to the changes.

Conditions of Use

Eligibility

By accepting the Terms of Use, you are deemed to have consented and confirmed you are of eligible age to access the Web Portal and complete the questionnaire.

Accounts, Passwords and Security

To access the information offered on this Web Portal, you may need to use a specific user ID, email address or other login information, such as a password (Login information). You are entirely responsible for maintaining the confidentiality of the information you hold for and on your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.

You agree to notify MRL® Ltd immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by MRL® Ltd or any other user of or visitor to the Web Portal due to someone else using your Web Portal, password or account as a result of your failing to keep your account information secure and confidential.

Restricted Usage

As long as you comply with these Terms of Use, MRL® Ltd grants you a limited, non-exclusive, non-transferable and revocable right to access and use our Web Portal solely for its intended purposes. You agree not to engage in any unauthorised activities including but not limited to:

• Using 'web scraping', 'web crawling' and 'data extraction technologies' other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Web Portal or any Content.
• Attempting to gain unauthorised access to any portion or feature of the Web Portal, or any other systems or networks connected to the Web Portal or to any MRL® Ltd server through the Web Portal, by hacking, password "mining" or any other illegitimate means.
• Probing, scanning or testing the vulnerability of the Web Portal or any network connected to the Web Portal.
• Reverse look-up, tracing or seeking to trace any information on any other user of or visitor to the Web Portal.
• Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web Portal or MRL® Ltd systems or networks.
• Using any device, software or routine to interfere or attempt to interfere with the proper working of the Web Portal.
• Forging headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to or by MRL® Ltd.
• Pretending that you are, or that you represent, someone else, or impersonate any other individual or entity.
• Using the Web Portal or any Content for any purpose that is unlawful or prohibited by these Terms of Use.

Waiver of Modification Rights

You are responsible for ensuring that all information entered into the Web Portal is accurate and complete. By submitting the questionnaire, you acknowledge and agree that all information entered into the Web Portal is accurate.

To maintain clear, accurate, and reliable administrative records as required by the State, any modification, update, or correction to the information submitted on the portal requires prior written approval from the Niger State Ministry of Basic and Secondary Education. The Ministry shall initiate contact regarding any necessary changes, after which updates may be made accordingly.

License and Ownership

Ownership of Site

In order to provide independence and security, the Education Personnel Management Information System is hosted on TRCOMS Hosting and will be controlled by MRL® Public Sector Consultants Ltd. These Terms of Use apply to the Education Personnel Management Information System Web Portal.

Intellectual Property Rights

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Web Portal may be owned, controlled or licensed by or to MRL® Ltd, and may be protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Restrictions

In acknowledgment of MRL® Ltd's ownership and intellectual property rights in the Content, you agree that you will not:

• Copy, store, archive, reproduce, transmit, modify, alter, reverse-engineer, translate, adapt, emulate, de-compile, disassemble, or attempt to derive the source code of the Content.
• Rent, lease, loan, publish, broadcast, circulate, make available to the public, exploit, sell or distribute the Content.
• Tamper with or manipulate in any way the Web Portal, or circumvent any technology used by MRL® Ltd.
• Circumvent any territorial restrictions applied to the Web Portal and Content.
• Use any data mining, data gathering or data extraction methods.
• Interfere with, disrupt or create an undue burden on the Web Portal.
• Use the Web Portal in a way that violates these Terms.

Breach of Terms of Use

MRL® Ltd reserves the right to effect, among other things, the immediate termination, deactivation or suspension of your right to access and use this Web Portal if you breach these Terms of Use.

MRL® Ltd reserves the right, in our sole discretion, to bring legal proceedings against you and any third-party, if applicable, if you breach these Terms of Use or engage in illegal or fraudulent use of the Web Portal.

Warranty Disclaimer

General Disclaimer

MRL® Ltd implements robust data protection protocols, including secure storage, and controlled access systems, to safeguard your data against unauthorised access, breaches, or misuse. While we take all reasonable steps to protect your data, we cannot guarantee that the Web Portal will always be free from security risks, faults, viruses, or other vulnerabilities.

The Web Portal and its Content are delivered on an "AS-IS" and "AS-AVAILABLE" basis. You acknowledge and agree that your use of the Web Portal will be at your own risk.

Third Party & Links to Other Sites Disclaimer

The Web Portal may contain links to other independent third-party websites (Linked Sites). Please note that MRL® Ltd is not responsible for and has no control over any third party websites.

We do not monitor or review the content of third party's websites. You should exercise caution and evaluate the security and terms and conditions applicable to any other website you visit before using or disclosing any personal information to it.

Limitation of Liability

MRL® Ltd does not guarantee that the Web Portal or any content or feature of the Web Portal will be compatible with the hardware and software which you use, or that access to the Web Portal will be error-free or uninterrupted.

Except where prohibited by law, in no event will MRL® Ltd be liable to you for damages and any direct, indirect, consequential, exemplary, incidental or punitive damages including lost profits incurred by you or any other person, whether that liability is in contract, tort or other otherwise, and which arises out of or in connection with:

• your use of or inability to use the Web Portal; or
• your reliance on the content of the Web Portal; or
• the acts, omissions and conduct of any third parties in connection with or related to your use of the Web Portal.

Indemnity

You agree to indemnify MRL® Ltd and our affiliates, partners, directors, shareholders, successors in interest, employees and agents against all actions, claims and demands, disputes, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

• Your access to or use of the Web Portal or the Content;
• Any person you authorised to use your Login Information;
• Acts, omissions and conduct of any third parties in connection with or related to your use of the Web Portal;
• Personal injury, emotional distress, any third-party claims of bodily injury, death, or damage to real or tangible personal property that is either directly or indirectly related to your use of the Web Portal;
• Your violation of the Terms of Use or the law in your province, territory or country.

Governing Law & Jurisdiction

These Terms of Use and any dispute arising out of or in any way related to these Terms of Use shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. However, any legal proceedings or disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Dispute Resolution

Initial Resolution

You agree that all concerns, disputes or claims in relation to these Terms, the Content and the Services are to be raised in the first instance with MRL® Ltd directly by submitting through our support form with accurate details for prompt review. Alternatively, contact us Monday to Friday, 8:00am to 5:00pm at +234 913 644 4110.

Both parties hereby agree to make all reasonable efforts to resolve any such dispute amicably and on an informal basis.

Arbitration

You and MRL® Ltd agree that any dispute or claim that could not be successfully resolved through initial informal dispute resolution efforts and arise out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Web Portal or Content, will be resolved in a cost-effective binding arbitration.

In the event of an arbitration, an established alternative dispute resolution provider will be mutually agreed upon by the parties.