Terms and conditions of ordering

The terms and conditions are valid from 1 February 2023.

Please also read the terms and conditions of use.

Please also read the privacy notice.

Please also read the use of cookies.

  1. General provisions
    1. The terms and conditions of ordering (hereinafter the terms and conditions) of Star Cloud OÜ (hereinafter Opiq or the seller) are applicable to all persons (hereinafter the buyer) who use the Opiq online store (hereinafter the online store) for purchasing a user licence required for using the repository of Opiq.
    2. By accepting the terms and conditions, the user confirms having read the terms and conditions, consenting to them, and undertaking to observe them.
    3. Opiq will retain the details of the transaction concluded with the buyer on their data medium. The seller will sent the respective information about the sales transaction to the e-mail address provided by the buyer.
    4. In the event of a conflict, the consumer can always rely on the mandatory consumer protection requirements in force in Kenya. At the same time, by using the service, the client agrees that in matters not regulated in the terms and conditions and in matters to which the above does not apply, the issue will be resolved in accordance with the legislation of the Republic of Estonia.
  2. Purchasing of the Opiq service and the process of using the online store
    1. It is only possible to purchase access (license to use) of the works offered in the Opiq repository from the e-shop. The price and availability of the service may change over time. The buyer must pay the price at which they have performed the transaction in Opiq. All prices are presented in Kenyan Shillings (KES). The payment is made in euro currency and the banking system will convert the other currency into euros according to the exchange rate of the banking service.
    2. Star Cloud OÜ is the data controller of the personal data in connection with the online store. If the payments are made by using the payment solutions offered by Pesapal Limited, Pesapal Limited is the data processor of the data which are related to the payments. Pesapal Limited is the data controller of the personal data which are processed by Pesapal Limited to fulfil its legal obligations or satisfy its further business interests. The privacy notice of Pesapal Limited is available here. Opiq may cancel a user license and suspend provision of the service if:
      1. the rights for distribution of the specific work in the Opiq environment have expired;
      2. the buyer fails to observe the terms and conditions of using the service.
    3. If Opiq is unable to fulfil an order, they will contact the buyer and refund or set off any amount paid if the buyer has already paid for the service.
    4. In order to buy the Opiq service, the buyer must carefully follow the instructions provided in the Opiq environment. In order to obtain the user license, the buyer must first properly register in the system. In order to place an order, the buyer must:
      1. select a package which determines which works the user licence will grant access to;
      2. specify the desired period of having access to the teaching materials (the user licence) in months;
      3. pay for the license by using Pesapal link provided in Opiq or by making a prepayment based on an invoice;
    5. In the event of paying based on an invoice, the user license will become active after receipt of the payment on Opiq’s bank account specified in the invoice and on the beginning date selected in the order.
    6. Customers of Pesapal can pay using the Pesapal payments link.
  3. Withdrawal from the sales contract
    1. Pursuant to Directive 2011/83/EU, the right of withdrawal will not apply to the transactions the object of which is the delivery of such digital content which is not delivered on a tangible medium.
    2. By consenting to these terms and conditions and by applying for a user licence, the user will explicitly accept the following and confirm that they understand that they will lose the right to withdraw from the contract by applying for the license in the case specified above.
  4. Processing of the buyer’s personal data in the online store
    1. Opiq may process data (incl. personal data) without the buyer’s consent in the extent which is required for using the online store or fulfilling their contractual obligations, including send notices to the buyer which are related to using the services of the online store, and retain the details of the orders of the buyers who have logged into the online store to provide a better service to the buyers or for proving transactions.
    2. If the buyer has given their consent in the online store for using their data for marketing purposes, the seller will only use the data for sending campaign and discount offers of Opiq’s products and services to the buyer via electronic channels. The buyer may withdraw the consent granted for the use of their data for marketing purposes at any time by sending a respective e-mail to the seller or by following the instructions provided in the Opiq environment.
    3. The categories of the personal data of the users of the online store and the purposes of processing are described in the privacy notice of Opiq.
  5. Liability and settling of disputes
    1. In the event of non-compliance with the terms and conditions of the contract for the service, the buyer may use the legal remedies established by the law, including request performance of the contract, lower the price, claim compensation for damages, or withdraw from the contract.
    2. In the event of detecting a deficiency, the buyer must immediately notify the employees of Opiq thereof by e-mail or over the phone. After the expiry of the user licence, it will no longer be possible to identify deficiencies in the provision of the service.
    3. The buyers can request information about their orders over the phone during office hours provided in the Opiq contact section.
    4. The buyer may contact the Kenyan Competition Authority for settling any disputes which have arisen in the course of provision of the service.
    5. Opiq will not be held liable for the content of the works in the repository, including for compliance of the teaching materials with the national curriculum, and will not provide any guarantees to the buyer concerning achievement of their desired goals by using the works, e.g. concerning achieving a certain result in acquiring a subject.
    6. Opiq confirms that they have the right for distribution of all the works and other materials found in the Opiq environment.
  6. Suggestions, questions, complaints
    1. Please send any suggestions, questions, and complaints to the following e-mail address: info@starcloud.ee. We only solve those issues over the phone which are related to the daily use of Opiq or to any interruptions in such use. The employees of Star Cloud are not authorised to accept any other questions or complaints over the phone.
Terms and conditions of ordering
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