Terms and Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of the Peakpoint Services MRI Training Platform ("Platform"), operated by Peakpoint Services ("we", "us", "our") in Zimbabwe. The Platform is designed to provide assessment and training services for MRI technician candidates in Zimbabwe.

By creating an account, accessing, or using the Platform, you ("User", "Candidate", "you") agree to comply with these Terms and all applicable laws and regulations of Zimbabwe, including but not limited to the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) Data Protection Act.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 18 years old to register and use this Platform. By registering, you confirm that you are of legal age.

2.2 Account Information

When registering, you agree to:

• Provide accurate, current, and complete information including your legal name, valid email address, phone number, and National ID number
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities under your account

2.3 Account Verification

We reserve the right to verify your identity and credentials. You may be required to provide additional documentation such as copies of your National ID, educational certificates, or professional licenses.

3. Platform Use and Conduct

3.1 Permitted Use

You may use the Platform solely for:

• Participating in authorized MRI training assessments
• Accessing educational materials provided by Peakpoint Services
• Viewing your test results and performance analytics
• Communicating with authorized Platform administrators

3.2 Prohibited Conduct

You agree NOT to:

1. Use the Platform for any illegal purpose or in violation of Zimbabwe law
2. Share, disclose, or distribute test questions, answers, or assessment materials
3. Attempt to cheat, manipulate, or circumvent the proctoring system
4. Share your account credentials with others
5. Take tests on behalf of another person
6. Use automated tools, bots, or scripts to access the Platform
7. Attempt to hack, reverse-engineer, or compromise Platform security
8. Upload malicious software or viruses
9. Harass, abuse, or harm other users or Platform staff
10. Impersonate another person or entity

4. Assessments and Testing

4.1 Test Integrity

All assessments conducted on the Platform are subject to strict integrity measures including:

• Proctoring: Tests are monitored using webcam and screen capture technology
• Browser Restrictions: Tests run in a controlled environment with disabled functions
• Time Limits: Each test has a specific time limit that must be adhered to
• Plagiarism Detection: Automated systems detect similarity between candidate responses

4.2 Test Conditions

When taking tests, you must:

• Ensure you are in a quiet, well-lit environment
• Have a functioning webcam and stable internet connection
• Be alone in the room during the test
• Keep your face visible to the camera at all times
• Not use any unauthorized reference materials
• Not communicate with others during the test

4.3 Consequences of Violations

Any violation of test integrity may result in:

• Immediate test termination
• Test score invalidation
• Account suspension or permanent ban
• Notification to relevant authorities or employers
• Legal action if warranted

5. Intellectual Property Rights

5.1 Platform Ownership

All content on the Platform, including but not limited to test questions, educational materials, images, videos, software, design, text, and trademarks, are the exclusive property of Peakpoint Services or its licensors and are protected by Zimbabwe and international intellectual property laws.

5.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose. This license does not include:

• The right to copy, modify, or distribute Platform content
• The right to create derivative works
• The right to reverse-engineer any Platform software
• Commercial use without prior written permission

5.3 User Content

By submitting content to the Platform (e.g., profile information, test responses), you grant us a worldwide, royalty-free license to use, store, and process such content for Platform operation, assessment purposes, and service improvement.

6. Data Protection and Privacy

6.1 Compliance

We comply with:

• Zimbabwe's Postal and Telecommunications Regulatory Authority (POTRAZ) Data Protection Act
• General Data Protection Regulation (GDPR) principles
• International data protection best practices

6.2 Data Collection

We collect personal data including:

• Personal identification (name, National ID, contact details)
• Professional information (employment, education, experience)
• Assessment data (test results, performance metrics)
• Technical data (IP address, device information, usage patterns)
• Proctoring data (webcam images, screen recordings)

6.3 Your Rights

Under Zimbabwe law and GDPR principles, you have the right to:

• Access your personal data
• Correct inaccurate data
• Request deletion of your data (subject to legal retention requirements)
• Object to data processing
• Data portability
• Withdraw consent (where applicable)

For detailed information, please refer to our Privacy Policy.

7. Fees, Payment, and Refunds

7.1 Fees

Access to certain Platform features or assessments may require payment of fees. All fees are stated in United States Dollars (USD) or Zimbabwean Dollars (ZWL) as applicable and are subject to change with prior notice.

7.2 Payment Terms

Payments must be made through authorized payment methods. By making a payment, you authorize us to charge the specified amount to your selected payment method.

7.3 Refund Policy

Refunds may be granted at our sole discretion in cases of:

• Technical failures preventing test completion (verified by our technical team)
• Cancellation of services by Peakpoint Services

Refunds will NOT be granted for:

• Poor test performance or failing scores
• User error or lack of preparation
• Violations of Terms and Conditions
• Completed tests (regardless of outcome)

8. Disclaimers and Limitations

8.1 Platform Availability

While we strive to maintain continuous Platform availability, we do not guarantee uninterrupted or error-free service. The Platform is provided "AS IS" and "AS AVAILABLE" without warranties of any kind.

8.2 No Employment Guarantee

Completion of assessments or obtaining certification through the Platform does not guarantee:

• Employment as an MRI technician
• Professional licensure
• Acceptance into any training program
• Specific job placement or salary

8.3 Limitation of Liability

To the fullest extent permitted by Zimbabwe law, Peakpoint Services shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or opportunities
• Service interruptions or technical failures
• Third-party actions or content

Our total liability shall not exceed the amount you paid to use the Platform in the 12 months preceding the claim.

9. Account Suspension and Termination

9.1 By User

You may terminate your account at any time by contacting us. Upon termination, you will lose access to all Platform features and data (subject to legal retention requirements).

9.2 By Peakpoint Services

We reserve the right to suspend or terminate your account immediately if:

• You violate these Terms and Conditions
• You engage in fraudulent or illegal activities
• Your account remains inactive for an extended period
• Required by law or regulatory authority

9.3 Effect of Termination

Upon termination:

• Your right to access the Platform ceases immediately
• Outstanding fees remain due and payable
• Provisions regarding intellectual property, liability, and dispute resolution survive

10. Governing Law and Dispute Resolution

10.1 Applicable Law

These Terms are governed by and construed in accordance with the laws of Zimbabwe. Any disputes shall be subject to the exclusive jurisdiction of the courts of Zimbabwe.

10.2 Dispute Resolution

In the event of a dispute:

1. Parties agree to first attempt resolution through good-faith negotiation
2. If negotiation fails, disputes may be submitted to mediation
3. Legal action may be pursued only after exhausting alternative dispute resolution

10.3 Regulatory Compliance

We comply with all regulations of the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) and other relevant Zimbabwe regulatory bodies.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Platform. We will notify you of significant changes via:

• Email to your registered address
• Prominent notice on the Platform
• In-app notification upon next login

Your continued use of the Platform after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Platform and terminate your account.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Peakpoint Services regarding Platform use.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

12.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, power outages, or internet service disruptions.