TERMS OF USE
Last modified: 16 February 2021
Effective date: 17 February 2021
PLEASE, READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING TEACH ME ARABIC APPLICATION (“APP”), PROVIDED BY HAD TELECOMMUNICATION & IT CO. BY USING THE TEACH ME ARABIC APPLICATION, YOU AGREE TO BE BOUND BY THE (1) TERMS OF USE; AND (2) PRIVACY AND DATA PROTECTION POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE APP. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE APP, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE APP. YOU AGREE TO USE THE APP AT YOUR OWN RISK.
HAD TELECOMMUNICATION & IT CO. RESERVES THE RIGHT TO REFUSE THE APP TO ANYONE FOR ANY REASON AT ANY TIME.
GENERAL
- Parties to this Agreement.
These Terms are concluded between you (“you” or “your”) and Had Telecommunication & IT Co. registered and acting under the law of Saudi Arabia, located at Al-Rabie District, Riyadh,13315 Saudi Arabia (including its subsidiaries, affiliates, agents, and assigns) (“Had Telecommunication & IT Co.”, “Company”, “us”, “we”), regarding your use of the App, including your use of any service(s) offered through them and your access to your Teach Me Arabic account information and service through them pursuant to Services and Account Sections of these Terms (“Teach Me Arabic Service(s)” or “Service(s)”).
- Changes to these Terms.
In order to improve the quality of Teach Me Arabic Services and to comply with legal requirements these Terms may be unilaterally amended by the Company. The new version of the Terms comes into force from the moment of its placement on the Internet on the page at the address: https://teachmearabic.org/en/terms . In this case, the Company undertakes to notify you of changes by posting a notice on the App or by sending a notice to your email address on a durable medium within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days.
Proportionate longer notice periods of more than 15 days might be given where the proposed changes to the Terms require you to make technical or commercial adaptations in order to comply with the change. That notice period will not not apply where, and to the extent that, it is waived in an unambiguous manner by you or where, and to the extent that, the need to implement the change without respecting the notice period stems from a legal or regulatory obligation incumbent on the App. You will be entitled to withdraw your consent to these Terms within 15 days from the receipt of the notice of any change, unless a shorter period applies. Use of the Services after any changes to these Terms means a consent to such changes.
- App Provider.
When you download the App through the app store or distribution platform (“App Provider”), you acknowledge and agree that: (i) these Terms are between us, and not with the App Provider, and that we are responsible for the Services, not the App Provider; (ii) the App Provider has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the App Provider is not responsible for addressing any claims you or any third party have relating to the App; and (iv) the App Provider is a third party beneficiary of these Terms as related to your use of the App, and the App Provider will have the right to enforce these Terms as related to your use of the App against you.
SERVICES
- Teach Me Arabic Services.
Available on the App Services are provided by the Company with the purposes to provide self-study mechanism to foster hopeful teaching of the Arabic language to non-speakers. You will be able to use the following Services on the App:
- interactive learning – include various kinds of activities e.g., multiple choice, fill the gaps, listen and record, link between the pictures etc;
- Let us talk /live meetings – gives the student a chance to speak and interact with native arabic speakers and specialized teachers;
- languical games – help the student to establish embed vocabularies and give the gamification to the learning process;
- dictionaries and other tools are auxiliary tools in the learning process;
- customer care services in a way of liv chatting and ticking system.
- Free trial period.
You may use the above-mentioned Services without account registration for a limited period of time [ 7 days] (“Free Trial Period”). NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICE PROVIDED DURING THE FREE TRIAL PERIOD IS PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR INDEMNITIES. In case you want to proceed with learning process under these Services with the App, an obligation to create the account applies.
- Communication operations.
The App provides you with the functionality to communicate with other App’s users via third party virtual meeting API services which allows student to improve your speaking skills.
PLEASE, BE SURE, THAT WE DO NOT MODERATE AND DO EDITORIAL CONTROL OF THIS CONTENT, AND THEREFORE WE ARE NOT RESPONSIBLE FOR THE CONTENT EXCHANGED. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT AND CONSEQUENCES OF THE COMMUNICATION BETWEEN THE USERS.
- Links Website and other related Services.
The App contains links to and integrations with third party services (e.g. Gmail, Facebook), and you agree that the App provides links to and integrations with services solely as a convenience and has no responsibility for the content or availability of such services. The Company does not endorse such services (or any products or other services associated therewith). Your use of such services will be subject to the terms applicable to each such service.
ACCOUNT
- Eligibility.
In order to create an account (“Account”) you shall:
- reach the age of sixteen (16);
- agree to these Terms;
- provide true, complete, and up-to-date contact information; and
- be legally permitted to use the App by the laws of your home country.
YOU RECOGNIZE AND GUARANTEE THAT YOU HAVE ALL THE APPROPRIATE RIGHTS, POWERS AND OPPORTUNITIES TO CONCLUDE AND COMPLY WITH ALL THE CONDITIONS OF THESE TERMS, AND THAT YOU WON’T USE THE APP IN A WAY THAT VIOLATES ANY LAWS OR REGULATIONS. NOTE THAT BY REPRESENTING AND WARRANTING, YOU ARE MAKING A LEGALLY ENFORCEABLE PROMISE.
10. Registration process.
The account registration is free and voluntary. In order to register an Account you have to provide us with your full name and an email address. There are three ways to create the Account, and it is on your side to choose the one:
- via manual registration;
- via Google account login details.
If you create the Account using your Facebook or Google login details, you authorise us to access, display and use certain information from your accounts (e.g. name, surname, age etc.). For more information about what information we use and how we use it, please check out our Privacy and Data Protection Policy. If you create the Account by filling out the registration form you shall provide us with a username, password, as well as a unique e-mail address. When you register for your Account you must provide true, accurate, current and complete information, and you agree to update the Account information in order to ensure that it is current.
11. Account and Password.
You are not permitted to create two or more Accounts. If it is found,, we may in its sole discretion block or delete all or some of the accounts. The Company reserves the right to change the fields of the registration form and require you to enter additional information. You undertake to keep the information provided to the Company up to date.
You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify the Company of any suspected or actual unauthorized use of your Account. You agree that the Company will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.
YOUR USE OF THE APP
12. Content You Submit.
Company shall have full, exclusive and complete intellectual property rights to all of the App’s information.
13. Confidentiality.
Company agrees to strictly keep your information confidential. Without your clear written consent in prior, the Company shall not make commercial or marketing use of the information indicating the identity of you. Only if any of the following events occurs, the Company can reasonably make use of your personal information without prior consent of you (1) The portrait right, name right and other civil legal rights of you have been clearly waived; (2) the information is used for the purpose of internal use subject to your consent to the Company Privacy and Data Protection Policy.
14. Services and Content Use Restrictions.
You agree that you will not:
- engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of Сontent of the App that
(a) attempt to or do harm to us, the Services, including any specific functionalities of our products and/or services, or any others;
(b) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or
(c) violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of the Content that violates another person’s intellectual property right, right of publicity, trade secret right, or other proprietary right;
- You shall not disparage Company’s performance, or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of Company or Company’s employees;
- reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, including any specific functionalities of our products and/or services, install any software, file, or code on the Services that is not authorized by Company, or attempt to do so;
- engage in any activity (other than the use of specific features of the Services, such as Site Timer or Activity Blocker, Fun Face, Camera, Calls, and Voice Recognition prototype or any other available from time to time) that interferes with a user’s access to the Services or the proper operation of the Services;
- access or collect information from the Services using automated means (such as through scripts, robots scrapers, or spiders);
- use any meta tags or other “hidden text” utilizing any of our Trademarks;
- interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services, any specific functionalities of our products and/or services, or its Content;
- use the Services for commercial or political purposes;
- you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.
- disclose, harvest, or otherwise collect information, including email addresses, or other private information about any third party without that party’s express consent; or
- otherwise violate these Terms, or solicit, encourage, or facilitate anyone else to do so.
ILLEGAL USE OF THE SERVICES WILL BE INVESTIGATED, YOUR ACCOUNT WILL BE DELETED AND APPROPRIATE.
LIABILITY
15. Limitation of liability.
THE COMPANY AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY SERVICES AVAILABLE FROM OR THROUGH THE APP. IN PARTICULAR, THE COMPANY AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), BREACH OF WARRANTY, TORT OR OTHERWISE; NOR ARE WE AND OUR AFFILIATES LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION OF THE APP BEYOND OUR REASONABLE CONTROL.
It is possible that other Users may post or transmit offensive or obscene materials through the App and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others user to obtain personal information about you due to your use of the Services.
We are not responsible for the use of any personal information that you disclose at the App. Please carefully select the type of information that you release to other users.
16. Disclaimer.
THE COMPANY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING USE OF THE SERVICES OR OTHERWISE. IN NO EVENT SHALL WORKPORT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES EXCEED 100 USD.
THESE LIMITATIONS OF LIABILITY STATED HEREUNDER AND DISCLAIMER IN SECTION 7.5 OF
THIS AGREEMENT DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
LEGAL ACTION MAY BE TAKEN, INCLUDING WITHOUT LIMITATION, CIVIL, CRIMINAL, OR OTHER PROCEEDINGS.
17. Limited License.
Subject to your strict compliance with these Terms and your payment of any applicable subscription fees, we grant you a limited, non-exclusive, revocable, non-assignable and non-transferable license (“License”) to access, display, view, use, play, and/or print one (1) copy (excluding certain printable activities made available through the Services, which indicate that they may be printed multiple times) of the Content on a personal computer, mobile phone or other wireless device, or other Internet-enabled device (each, an “Internet Device”) for your personal, non-commercial use only (e.g., teachers may use Content from the Services, including any specific functionalities of our products and/or services, for educating their students and other users’ use is limited to personal use). The License does not give you any ownership of, or any other intellectual property interest in, any Content or the Services including any specific functionalities of our products and/or services, and you cannot otherwise use the Content or the Services without our express prior written permission. All rights not expressly granted to you are reserved by us and/or our licensors and other third parties. Except as expressly provided in these Terms or with Company’s express prior written consent, no part of the Services and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcasted, sold, licensed or otherwise exploited for any purpose whatsoever. Any unauthorized use of any Content or the Services for any purpose is prohibited.
18. Ownership.
As between us and you, the Services, including any specific functionalities of our Services (including past, present and future versions) are owned and controlled by us and their Content is protected by Saudi Arabia and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. “Content” means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation, (i) materials and other items relating to us and our products and services, including, without limitation, all activities, games, lesson plans, teacher trainings, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (“Trademarks”); and (iii) other forms of intellectual property.
DISPUTES RESOLUTION
19. Disputes between Users.
You are solely responsible for your interactions with other Users. The Company reserves the right, but has no obligation, to monitor disputes between you and other Users.
20. Disputes with the Company.
If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact us at terms@teachmearabic.org to try resolving your problem directly with us.
21. Restrictions.
You and the Company agree that any litigation shall be limited to the dispute between the Company and you individually. To the fullest extent permitted by law, (i) no litigation shall be joined with any other; (ii) there is no right or authority for any dispute to be resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
22. Exceptions to Informal Negotiations and Mandatory Litigation.
You and the Company agree that the following disputes are not subject to the above provisions concerning informal negotiations and mandatory litigation (i) any disputes seeking to enforce or protect, or concerning the validity of, any of your or the Company’s intellectual property rights; and (ii) any claim for injunctive relief.
MISCELLANEOUS
23. Communication with the Company.
You may contact us through an e-mail terms@teachmearabic.org, via phone 00966 11 263 0374 or via social media accounts https://www.facebook.com/teachmearabic/n and https://twitter.com/teachme_arabic.
24. No Third-Party Beneficiaries.
This Agreement is concluded between you and Had Telecommunication & IT Co. No user has any rights to force the Company to enforce any rights it may have against you or any other user.
25. Personal data processing.
Company collection, use and disclosure, if any, of information collected from you is detailed in the Privacy and Data Protection Policy, which is incorporated by reference and made part of these Terms. You agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy and Data Protection Policy and your choices (including settings).
26. Interpretation.
The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
27. Enforceability and Governing Law.
The failure of the Company to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. These Terms cannot be changed or modified by you. If any provision of these Terms is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. The laws of the Saudi Arabia govern your access to, and use of, our Services and the provisions of these Terms..