Terms of Service

Last updated: 11 November 2025

These Terms of Service (“Terms”) govern your access to and use of the websites, applications, content, and services offered by TOP Joint Examinations (“TOP Joint Exams”, “we”, “us”, or “our”). By creating an account, purchasing digital materials, subscribing to notifications, or otherwise using our services, you agree to be bound by these Terms and the documents referenced herein, including our Privacy Policy. If you do not agree, do not use our services.

1. Eligibility & Accounts

• You must be at least 18 years old or the age of majority in your jurisdiction to open an account. Educators or guardians may create accounts for learners provided they supervise all use.
• You agree to provide accurate and complete registration information (including your name, email, phone number, and teaching role or TSC credentials where requested) and to keep it updated.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. Notify us immediately if you suspect unauthorised access.
• We may reject, suspend, or close accounts that provide false information, remain inactive, or breach these Terms.

2. Our Services

TOP Joint Exams provides curriculum-aligned digital examinations, revision materials, lesson notes, combo packs, analytics dashboards, affiliate tools, and related teaching aids. Materials are delivered through secure downloads, password-protected ZIP archives, email fulfilment, and WhatsApp automation. Features may change at any time to improve accuracy, align with Competency-Based Curriculum updates, or introduce new capabilities.

3. Licence to Use Digital Content

• Upon successful payment, we grant you a non-exclusive, non-transferable licence to download and use purchased content for classroom instruction, personal study, or internal institutional use.
• You may not resell, redistribute, publish publicly, or make the content available on file-sharing platforms without our written consent.
• Passwords, watermarks, and other technical protections must not be removed or circumvented. Automated scraping, bulk downloading, or sharing decrypted archives violates these Terms.

4. Orders, Pricing, and Payment

• Prices are stated in Kenyan Shillings (KES) unless noted. We may change pricing or promotional offers at any time.
• Payments are facilitated through MPesa STK pushes, till/paybill entries, wallet balances, or other approved channels. By initiating a purchase, you authorise us to send MPesa requests to the phone number you provide.
• Digital sales are final once access is granted. Refunds are only issued where required by law, or in cases of duplicate billing or non-delivery caused by a system error that we cannot resolve.
• Order confirmations, receipts, and download links are delivered through the website, email, or WhatsApp channels. Ensure that your contact information remains up to date to receive them.
• We may suspend delivery or revoke access if a payment is reversed or suspected to be fraudulent.

5. Wallets, Credits, and Affiliate Earnings

• Your wallet holds digital credits that can be redeemed for purchases on the platform. Credits are non-transferable, have no cash value outside the platform, and do not accrue interest.
• Affiliate commissions, refunds issued as store credit, or promotional rewards may be deposited into your wallet. Withdrawals require successful identity verification and compliance with MPesa and banking regulations.
• We reserve the right to audit wallet transactions, freeze balances, or decline withdrawals if we detect fraudulent referrals, suspicious activity, or violations of these Terms.

6. Acceptable Use & Academic Integrity

• Use the services in compliance with Kenyan law and educational standards. Materials are intended to support learning, not to facilitate cheating or unauthorised exam disclosure.
• You may not post or transmit unlawful, defamatory, or infringing content, or upload malware, spam, or automated scripts that interfere with site functionality.
• Attempts to bypass security controls, gain unauthorised access, or disrupt services may result in immediate suspension and legal action.

7. User Content and Feedback

When you submit lesson plans, testimonials, questions, or other materials to us, you grant TOP Joint Exams a worldwide, royalty-free licence to use, reproduce, and adapt that content solely to operate, promote, and improve the services. You represent that you have the necessary rights to grant this licence and that your submissions comply with these Terms.

8. Intellectual Property

All content, trademarks, service marks, logos, software, and documentation on the platform are owned or licensed by TOP Joint Exams. Except for the limited licence described above, no rights are granted to you. You may not use our branding or materials for commercial purposes without written permission.

9. Third-Party Tools & Links

Our services rely on third parties such as Safaricom MPesa, Google Tag Manager, SMS gateways, WhatsApp Business APIs, PDF tooling, and hosting providers. Although we select reputable partners, we are not responsible for their availability or the terms under which they operate. Your use of third-party tools is governed by their respective terms and policies.

10. Warranties & Disclaimers

The services and digital materials are provided “as is” and “as available”. While we strive to keep content updated with curriculum changes, we do not guarantee that the materials will meet every school’s requirements or produce specific academic outcomes. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose and non-infringement.

11. Limitation of Liability

To the maximum extent allowed by Kenyan law, TOP Joint Exams, its directors, staff, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenues, data, or goodwill arising from your use of the services. Our total liability for any claim shall not exceed the amount you paid for the specific product or service in the ninety (90) days preceding the claim.

12. Indemnity

You agree to indemnify and hold harmless TOP Joint Exams from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your misuse of the services, violation of these Terms, or infringement of any third-party rights.

13. Suspension & Termination

• We may suspend or terminate your account without notice if you breach these Terms, misuse content, engage in fraud, or compromise the security of our systems.
• Upon termination you lose access to dashboards, downloads, and affiliate tools. You may retain digital copies already downloaded for lawful personal use, but we are not obliged to keep them available online.
• You may close your account by contacting us. We will retain records as required by law and our Privacy Policy.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya. Parties will attempt to resolve disputes amicably within thirty (30) days of written notice. Failing resolution, disputes shall be submitted to the competent courts in Nairobi, Kenya, subject to any mandatory dispute resolution procedures prescribed by law.

15. Changes to the Services or Terms

We may update these Terms to reflect new features, regulatory changes, or operational adjustments. Material updates will be posted on this page and, where practical, communicated by email or in-app notices. Continued use after changes take effect constitutes acceptance of the revised Terms.

16. Contact Us

If you have questions about these Terms, contact us at info@topjointexaminations.co.ke or call +254717078120. You may also write to P.O Box 1057, Machakos, Kenya.