Terms & Conditions
Effective Date: 08th September, 2020
Site Covered: www.ostathy.net
THE AGREEMENT: The use of this website and services on this website provided by Ostathy.net (hereinafter referred to as “Website”) are subject to the following Terms & Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).
The parties referred to in this Agreement shall be defined as follows:
- “We”, “us”, “our” and “Creator” are references to Ostathy FZE LLC;
- “User”, “You” and “your” are denotes to the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;
- ”Website” shall mean and include https://Ostathy.netand any successor Website of the Company or any of its affiliates;
- “Students” means a user that uses the Ostathy.net Website for taking/availing online courses/class provided by the Teacher to the Students or the Student’s parent/guardian;
- “Teacher” means a user that has appropriate qualifications and experience to provide online Teaching services in the areas advertised by the Teacher on the Ostathy.net Website;
- Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
- “User Account” shall mean an electronic account opened by the user with the Platform to avail services offered through the Website;
- ASSENT & ACCEPTANCE
By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. We only agree to provide the use of this Website and Services to you if you assent to this Agreement.
Ostathy.net is an interactive online learning platform with an integrated virtual classroom, where students receive live online lessons from professional Teachers from all over the world on any subject. At Ostathy.net, we provide you information on what to expect, with testimonies of past and present teachers. You can find lesson, power point presentations, videos etc.
- AGE RESTRICTION
For accepting these terms of this agreement, you must be of legal age to form a binding contract to register for the Service (in many jurisdictions, this age is 18). In case you are not yet of legal age to form a binding contract, then you must get your Parent to read these Terms of this agreement and agree to them for you before you use of Service. If you are a Parent and you provide your consent to your child’s use of the Service, then you agree to be bound by these Terms and conditions with respect to your child’s use of the Service.
- LICENSE TO USE WEBSITE
We may provide you with certain information as a result of your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the Website or Services (“Our Materials”). Subject to this Agreement, we grantyou a non-exclusive, limited, non-transferable and revocable license to use Our Materials solely in connection with your use of the Website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.
- Any payment for taking the service available on the website is between User andOstathy.net. Users agree to take particular care when providing us with its details and warrant that these details are accurate and complete at the time of ordering.
- Payment:Payment mode shall be:
- Online: Credit Cards and Debit cards;
Preferred method of payment is PayPal. Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express Debit cards are accepted if they have a Visa or MasterCard logo.
- You must ensure that you keep these details secure and do not provide this information to a third party.
- When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order and subscription details.
- We may refuse or be unable to process your order/subscription if:
- You card or PayPal account does not give authorization for the payment of purchase price.
- You do not meet the eligibility to order criteria set out above.
- We take customer feedback very seriously and use it to constantly improve our products and quality of service.
We will also refund you back in the following circumstances:
1. If there is duplicate payment was made due to technical glitch, or any other error;
2. If we make a refund as per the provision of our refund policy which is updated by us from time to time;
3. If we consider the refund is necessary as per customer support staff as per our sole discretion.
- INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by us are the property of the Ostathy FZE LLC, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own- all right, title and interest in and to the Our IP and that you will not use the Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from us.
- a) In order to make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website (“Your Content”). We claim no further proprietary rights in your Content.
- b) If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
A Teacher warrants that he/she-
(a) is of at least 18 (eighteen) years of age;
(b) has the necessary qualifications and/or experience to provide teaching in the subjects specified by the Teacher on the Ostathy.net Website.
- Teachers who contact Students who are under the age of 18 must ensure that the Students have consent from a parent or a guardian to provide online courses to the Students. We shall not be liable to check whether Teacher has taken consent from the parent or a guardian of a student.
- Teacher takes full responsibility for all information that he provides on the Ostathy.net Website and must indemnify Ostathy.net in relation to any liability incurred by Ostathy.net as a result of such information.
- Teacher shall indemnify Ostathy.net for all claims and liabilities arising out of any use by the Teacher of the Ostathy.net Website, including costs and expenses incurred
- Teacher must not be in any way abusive about a Student or his nominee on the Ostathy.net Website or any other place.
- Teacher is not an employee of Ostathy.net and accepts full responsibility for all Income Tax, National Insurance and other liabilities arising from the use of the Ostathy.net Website.
- All information provided by a Teacher on the Ostathy.net Website must be accurate and kept up-to-date. This includes a correct name, address, telephone number and qualification/experience details. Details entered by the Teacher on the Ostathy.net Website will be publicly visible and may appear in search engine results.
- Use of the Ostathy.net Website is entirely at a Teacher’s own risk. A Teacher must exercise complete caution when using the Ostathy.net Website and entering into any agreements to provide Teaching services to Students.
- The website has the right to reject inappropriate details of the Teacher wish to display.
- Students who is under 18 years of age must have consent from a parent or a guardian to register and that parent or guardian must give written consent to the Teacher to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of the Teacher. Ostathy.net is not responsible for any disputes regarding parental consent or any problems that a Student or a parent/guardian has experienced with a Teacher.
- A Student, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references, and qualifications of any Teacher with whom he enters into or proposes to enter into a Contract. Ostathy.net does not offer any guarantee that any information provided on the Ostathy.net Website is accurate and correct.
- A Student, or where relevant their parent/guardian, accepts that his Contract for the online course is with the Teacher. Ostathy.net is not a party to such a Contract and is not responsible for the performance of any obligations agreed or impliedly agreed through actions between the Teacher and Students.
- A Student must contact a Teacher through the Ostathy.net Website. Any other means of communication is prohibited.
- A Student agrees not to use Ostathy.net to advertise, promote or search for tuition services for their own company, nor may an agency acting for a company register to promote their services or opportunities. Tuition agencies wanting to promote their service on Ostathy.net should contact us.
- A Student cannot act as an agent to promote the services or opportunities of a company.
- A Student must not publish any abusive comments about a Teacher or a Student on the Ostathy.net Website or any other place. This includes defamatory or derogatory comments.
- net is not responsible for any examination entry; this is the sole responsibility of the Students.
- Students must not request a Teacher to complete coursework, essays, or other assignments for them.
- USER OBLIGATIONS
As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
- ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Ostathy FZE LLC.
- a) You further agree not to use the Website or Services:
- I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- II) To violate any of our intellectual property rights or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- IV) To perpetrate any fraud;
- V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
- ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
- REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
- b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its own legal counsel and may participate in its own defense, if we wishes.
- EXCLUSION OF LIABILITY
You understand and agree that we (A) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the www.ostathy.net Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Ostathy.net, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originate to have futile of its important purpose.
- SPAM POLICY
You are strictly prohibited from using the Website or any of our’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
- THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. You agree that we are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from Our Website.
- MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
- ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
- SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
- TERM, TERMINATION & SUSPENSION
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
- NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. We hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We makes no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
- LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
- GENERAL PROVISIONS:
- a) JURISDICTION, VENUE & CHOICE OF LAW:The terms herein will be governed by and construed in accordance with the law of United Arab Emirateswithout giving effect to any principles or conflicts of law. The courts of Dubai shall have exclusive jurisdiction over any dispute arising from use of the Website.
- b) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by us, the rights and liabilities of the Ostathy FZE LLC will bind and inure to any assignees, administrators, successors, and executors.
- c) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- d) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- e) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- f) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- g) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- h) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: [email protected]