Terms and Conditions

Last Updated: 18-May-2025

1. Acceptance of Terms

Welcome to NewBrand Technologies ("Company", "we", "us", or "our"). By accessing or using our website (www.newbrandtechnologies.com) and any associated services (collectively, the "Services"), you ("User", "you", or "your") agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you and NewBrand Technologies. If you do not agree with any part of these Terms, you must immediately discontinue your use of our Services.

2. Services Description

NewBrand Technologies provides a comprehensive School Management System (nbSMS) designed to streamline educational administration through cloud-based solutions. Our Services include but are not limited to student information management, attendance tracking, grade reporting, financial management, and communication tools for educational institutions.

3. Account Registration and Security

3.1 To access certain features of our Services, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the confidentiality of your login credentials
  • Be responsible for all activities that occur under your account

3.2 We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

4. Intellectual Property Rights

4.1 All content, features, and functionality available through our Services, including but not limited to software, text, graphics, logos, and interfaces (collectively, the "Content"), are the exclusive property of NewBrand Technologies and are protected by international copyright, trademark, and other intellectual property laws.

4.2 You are granted a limited, non-exclusive, non-transferable license to access and use our Services for their intended purpose. This license does not include:

  • Any resale or commercial use of our Services or Content
  • The collection and use of any product listings or descriptions
  • Any derivative use of our Services or Content
  • Any use of data mining, robots, or similar data gathering/extraction tools

5. Acceptable Use Policy

You agree not to use our Services to:

  • Violate any applicable laws or regulations
  • Infringe upon the intellectual property rights of others
  • Transmit any viruses, malware, or other harmful code
  • Engage in fraudulent, deceptive, or unethical practices
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the integrity or performance of our Services

6. Data Protection and Privacy

6.1 Your use of our Services is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information.

6.2 As part of our Services, you may input student and staff data. You represent and warrant that you have obtained all necessary consents for such data processing and agree to indemnify us against any claims arising from your data processing activities.

7. Service Modifications and Availability

7.1 We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

7.2 While we strive to maintain 24/7 availability, we do not guarantee uninterrupted service and shall not be liable for any downtime or service interruptions.

8. Fees and Payment Terms

8.1 Certain premium features of our Services require payment. All fees are stated in your preferred currency and are non-refundable except as required by law.

8.2 You agree to pay all applicable taxes and authorize us to charge your chosen payment method for all fees incurred.

9. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEWBRAND TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES
  • ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

11. Indemnification

You agree to defend, indemnify, and hold harmless NewBrand Technologies and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any third-party right, including intellectual property or privacy rights

12. Governing Law and Dispute Resolution

12.1 These Terms shall be governed by and construed in accordance with the laws of The Gambia, without regard to its conflict of law provisions.

12.2 Any disputes arising from these Terms shall be resolved through good faith negotiations. If such negotiations fail, disputes shall be submitted to binding arbitration in Brikama, The Gambia, in accordance with the rules of the Gambian Arbitration Association.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes through our website or via email. Your continued use of our Services after such modifications constitutes your acceptance of the revised Terms.

14. General Provisions

14.1 These Terms constitute the entire agreement between you and NewBrand Technologies regarding our Services.

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

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

15. Contact Information

For any questions about these Terms and Conditions, please contact us at:

NewBrand Technologies
Brikama, The Gambia
Email: info@newbrandtechnologies.com