Terms and Conditions
Last updated: Dec 23, 2015
Welcome to www.coursetakers.ae (the “Service” or “Coursetakers” or the “Website” or the “Site”) operated by AYA-Tech FZE (the “Company” or “We” or “Our” or “Us”).
References to “you” or “your” is a reference to any person accessing the website
You must carefully read this terms and conditions by which you may use our Internet Website located at www.coursetakers.ae and mobile applications and any other mobile or web services or applications owned, controlled, or offered by our company (including our social networking site pages on Twitter, Google+, Pintrest, YouTube and Facebook).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Rules of using Coursetakers
Coursetakers website is only for your personal use. You shall not collect or copy (using automated on non-automated scraping or use spiders etc.), distribute, exchange, modify, sell or transmit our information assets, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
As long as you comply with the terms of these Terms and Conditions, Coursetakers grants you a non–exclusive, non–transferable, non- sub licensable, limited right to enter, view and use this Site.
As per this Terms and Conditions agreement, you agree not to interrupt or attempt to interrupt the operation of this Site in any way.
In addition to the above, you agree not to –
- · Use the site to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense or give rise to civil liability
· Use the site to upload content that contains software virus, code, files, or programs that may alter, damage, or interrupt the functionality of the website or the hardware or software of any other person who accesses the website;
· Post content or classes in an inappropriate category or area on the website or any of our other services;
· Post profiles in order to seek academic private tutoring anywhere in United Arab Emirates unless you are licensed by UAE relevant government authority to do so;
· Post any content that violates any local, federal or international law applicable in United Arab Emirates;
· Upload or transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
· Post any content that violates any local copyright, trademark, patent, or any other intellectual property laws applicable in United Arab Emirates;
· Collect or store personal information about others;
· fail to deliver a class purchased from you, unless you cannot authenticate the student's identity;
· Post spam, false, misleading, inaccurate content or personal information;
· manipulate the price of any class, fee structure, the billing process or interfere with other users' listings;
· abuse the feedback and rating system by using it for unrelated purposes, importing or exporting the feedback information off of the site;
· transfer your Coursetakers account to someone else;
· distribute interest of Coursetakers users or any of their properties without consent;
· Manually or automatically create load on Coursetakers website or infrastructure;
· Reverse engineering, decompile or attempt to discover the code of the website or any other software connected to it;
· Frame Coursetakers into another site, or create links to Coursetakers website without prior authorizations from us;
· Provide links to any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
· Do anything else which could cause damage to the website, the AYA-Tech employees, AYA-Tech reputation, or would otherwise have a negative impact.
Use of the Site
· You must maintain the integrity of Your Information
· You must maintain the security of any password issued to you
If we request you to create a password in order to use certain portions of the website, then it is your sole responsibility to maintain the security of that password. You agree that Coursetakers shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party.
· You must notify the Site of a breach
You agree to immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with Coursetakers, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on the website by sending an email to: email@example.com
· You are responsible for your financial decisions
Coursetakers provides a venue through which you can obtain information and you can find third-party service providers, such as educational institutions, sports clubs, Learning centers, discount program representatives and other skills professionals ("Service Providers").
Coursetakers does not endorse or recommend the products or services of any Service Provider, and is not an agent or advisor to you or any Service Provider.
Coursetakers does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility, as a course taker, to investigate Service Providers before registering for any course.
You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that Coursetakers shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider's products or services.
· You acknowledge and agree that Coursetakers is not a service provider
Coursetakers is NOT an education institution, education provider or other Service Provider. Instead, Coursetakers may help to connect you with Service Providers that might meet your needs based on information provided by you. Coursetakers does not, and will not issue any certificates or learning credit of any type.
· Requests by you to be contacted by a Service Provider
The Site may give you the opportunity to post a “Tutoring Request” from a Service Provider.
Coursetakers makes no guarantee that you will be contacted by a Service Provide if you post a “Tutoring Request”
If you post a “Tutoring Request”, then you expressly authorize the Service Providers to contact you by telephone, fax and email at the numbers and addresses provided in your post, for purposes of providing you with the quotes, products and services indicated in your request.
· Uploading Teachers Profiles on the website
The Site gives teachers the opportunity to post their profiles so interested parties can contact them for hiring.
Profile upload is meant for education providers to find potential teachers for hiring in their institute, or for individual hobbyists to find a coach for their hobbies (Guitar playing, Tennis playing, cooking help, etc….). Coursetakers does not recommend any teacher for any academic private tutoring or one to one academic tutoring outside authorized education centers.
We make no guarantee that teachers and skills professionals will be contacted by a Service Provide if they post their profiles on Coursetakers website
If you upload your profile on Coursetakers, then you expressly authorize the interested parties to contact you by telephone, fax and\or email at the numbers and addresses provided in your profile.
Access to the Site
Coursetakers endeavors to ensure availability three hundred and sixty-five (365) days a year but Coursetakers will not be liable for lack of availability. Access may be suspended due but not limited to circumstances such as site maintenance, server transfer, site error or reasons outside of our control.
Coursetakers reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice
Access to certain areas of the website such as My Reviews, Bookings History etc…. are restricted to registered members of the website only. To become a registered member, you will be required to answer certain questions, some of which may be mandatory and/or optional. You represent and warrant that all information you supply to Coursetakers , about yourself, and others, is true and accurate.
Fees and Services
As a course seeker, it free to browse, search, and create an account on the website.
As a course provider, you can choose one of the very competitive subscription packages and you can then list as many as you want classes during the subscription period. We do NOT charge a fee per student enrollment.
Unless otherwise stated, all fees are quoted in U.A.E. Dirhams.
Cancellations and No-Shows Policies
When you inquire about a course listed on Coursetakers, you accept and agree to the relevant Service Provider’s booking conditions, including any refund, cancellation and no-show policies applicable to the booking. You are also bound to any additional terms and conditions of the Service Provider that may apply to your registration, including for services rendered and/or products offered by the Service Provider (the delivery terms and conditions of the Service Provider can be obtained with the relevant Service Provider). The Cancellation and No-show policy of each class is available on the website on the class’s description page. We recommend that you read these policies of the Service Provider carefully prior to making your registration.
As a registered member of the website and/or after completing a course (anytime), you can provide your feedback of the course that you availed (star rating, textual reviews etc.). The feedback will be reviewed by our team and may be uploaded onto the relevant course’s description page and\or service provider profile page on the website for the sole purpose of informing (future) course seekers of your opinion of the service (level) and quality of the Service Provider. You grant Coursetakers the full, perpetual, free, transferable and irrevocable rights to all submitted user content, including your name. Coursetakers reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion. You confirm you will comply with the service review guidelines.
You warrant that (a) you own all of the rights to the content that you post through the website (b) such content is accurate and not misleading; and (c) posting of such content does not violate the Terms and Conditions or any applicable laws and regulations applicable to any person or entity. You grant Coursetakers the right to pursue at law any person or entity that violates your or Coursetakers' rights in the content by a breach of the Terms and Conditions. You agree you will be solely responsible for any user content you provide or submit.
Additional Charges by Service Providers
All prices on the website are for your course seat reservation only. Unless indicated otherwise, Coursetakers shows the rate exclusive of books and class materials fees. When in doubt on whether something is included or not, you should contact our Customer Service team.
Payment by Credit Card:
We accept payments online using Visa and MasterCard credit/debit card in AED, We will charge your credit card for the subscription package value in full price without any option for refund. Once paid, the subscription is valid until the end of the subscription period. If the credit card cannot be charged for whatever reason, our team will contact you to discuss another mode of payment. Failing to complete the transaction will lead to the cancellation of subscription.
Subscription for any package can NOT be cancelled after payment, however; if in a special cases, based on our evaluation, we found that a refund is applicable, the refunds will be done only through the Original Mode of Payment.
As a course taker, Coursetakers we will not charge you for the course, you should pay the institute directly for your course (post-paid).
In order to safeguard all of your payment information, we always encrypt your credit card information using "3D secure payment gateway” technology. If there is a credit card fraud or unauthorized use of your credit card by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via Coursetakers, please contact our Customer Service team immediately
When you visit the Site or send email to Coursetakers, you are communicating with Coursetakers electronically. You consent to receive communications from Coursetakers electronically. Although Coursetakers may choose to communicate with you by regular mail, Coursetakers may also choose to communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Coursetakers provides to you electronically satisfy any legal requirement that such communications be in writing.
Third Party Links
There may be provided on the Site links to other Websites belonging to our advertisers, business partners, affiliates, Service Providers and other third parties. Such links do not constitute an endorsement by Coursetakers of those Websites, nor the products or services listed on those Web sites. Coursetakers is not responsible for the activities or policies of those Websites. Coursetakers does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. Coursetakers does not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliated Service Provider or other third party on the Site are the best terms or lowest rates available in the market.
Coursetakers names, graphics, logos, page headers, button icons, scripts are owned by Coursetakers (the "Proprietary Marks"). You may not use the Proprietary Marks without the prior express written permission from Coursetakers . Coursetakers makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.
Viewing, reading, printing, downloading or otherwise using the content and/or the collective work on the Site does not entitle you to any ownership or intellectual property rights.
You shall be solely responsible for any damage resulting from your infringement of Coursetakers or any third party's intellectual property rights regarding the Proprietary Marks and/or any other harm incurred by Coursetakers as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Coursetakers.ae services are free of charge until September 30, 2015. By posting a class on Coursetakers.ae website after the free period , you agree to pay Coursetakers.ae fees for such, assume full responsibility for the content of the posting and class offered, and accept the following posting conditions:
· When you list a class on Coursetakers.ae sites, your posting will be posted on Coursetakers.ae sites and can be viewed in your account.
· Your posting may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Coursetakers can’t guarantee exact posting duration.
· You are prohibited from posting any unlawful, threatening, obscene and inflammatory or any material that could constitute or encourage conduct that would be considered a criminal offense. Coursetakers will work closely with lafw authorities when necessary.
Termination of Access
Coursetakers reserves the right to restrict or terminate your access from Coursetakers.ae for any reason. if such cases where we decide to terminate your access, we are committed to refund you back the subscription fee for that period pre-calculated based on the time left in that period.
As a course provider, you have the right to discontinue your subscription at anytime, and ask for your profile and ALL your content to be removed from Coursetakers website. in such case, NO subscription refund will be granted.
If Coursetakers provides aspects of the Site via an application for your mobile or other device, please be aware that your carrier's normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such mobile application.
You shall defend, indemnify and hold harmless Coursetakers (AYA Tech) and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Coursetakers; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; (v) your transmissions, submissions or postings (your own "User Generated Content"); and/or (vi) any personal injury or property damage caused by you.
Limitations and Liability
Coursetakers(AYA Tech) shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from your access to Coursetakers, your use of the services or this agreement, even if Coursetakers has been advised of the possibility of such damages. Notwithstanding anything to the contrary in this agreement, Coursetakers (AYA Tech) liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to One Thousand UAE Dirham (AED 1000.00).
You will not hold Coursetakers responsible for other users' content, actions or inactions, or classes they list. You acknowledge that we are not involved in the actual transaction between students and educators. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of classes advertised, the truth or accuracy of users’ content or listings, the ability of educators to offer classes, the ability of students to pay for classes, or that a student or educator will actually complete a transaction or return a class purchase.
Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
Disclaimer of Representations and Warranties
The content and all services and products associated with Coursetakers or provided through the service (whether or not sponsored) are provided to you on an "as-is" and "as available" basis. Coursetakers makes no representations or warranties of any kind, express or implied, as to the content or operation of Coursetakers or of the service. You expressly agree that your use of the service is at your sole risk.
Coursetakers makes no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on Coursetakers or of the service (whether or not sponsored), and expressly disclaims any warranties of non-infringement or fitness for a particular purpose. Coursetakers makes no representation, warranty or guarantee that the content that may be available through the service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
Coursetakers has the right to modify the Agreement and may do so by posting notice of such modifications on this page. Any modification is effective immediately upon posting. Your continued use of the Site following posting of any modification signifies your acceptance of such modification. You should periodically visit this page to review the Agreement.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates and the Emirate of Fujairah. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Emirate of Fujairah.
Each of the terms of this Agreement are severable and distinct from the others and, if any provision is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, that provision will to that extent be deemed not to form part of this Agreement but the validity, legality or enforceability of the remaining parts of this Agreement will not be affected or impaired, it being our intention that every provision of this Agreement will be and remains valid and enforceable to the fullest extent permitted by law.