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 Terms and Conditions

YOU MUST READ OUR TERMS CAREFULLY. BY TICKING “I HAVE READ AND AGREED TO THE T&C’S*” ON THE SIGN UP PAGE YOU AGREE TO THESE TERMS AND THEY WILL BIND YOU. PLEASE ALSO READ OUR PRIVACY POLICY, COOKIES POLICY AND CONTENT STANDARDS WHICH ARE INCORPORATED INTO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT TICK THE BOX AND YOU SHOULD CEASE USING AND ACCESSING OUR WEBSITE.

Last updated: 30th August 2022.

 

1- Information about Us and how to contact Us

 

1.1 We are Verdict Consultancy Limited (“the Company), a company registered in Masdar City, Abu Dhabi, United Arab Emirates. Our company registration number is MC 12891and our registered office is at VD Ground Floor, Accelerator Building, Masdar City, Abu Dhabi. References to“Us”, “Our” and “We” means Verdict Consultancy Limited. References to our Website is to https://www.verdict.ae. You can contact Us by sending an email to Us at info@verdict.ae.

1.2 If We have to contact You We will do so by writing to You. This means that We may contact You by sending You an email and/or We may send You a text, SMS and/or WhatsApp message to the email address and/or phone number that You provide to Us when You set up an Account on the Website. We may also or alternatively post notices on the Websiteand/or We may send push notifications to You. Push notifications may provide reminders to access Your Account and/or the Website. Please check Our communications regularly, ideally every time You use the Website.

 

2. Definitions and interpretation

2.1 Within these Terms, capitalised words have the meanings given to them in this list (unless the context requires otherwise):

 

       2.1.1 Acceptable Use Policy: means all of clause 24;

       2.1.2 Account: an account to use Our Website which must be set up by a user (whether as a Student or a Tutor) if they want to                        book or offer Services.

       2.1.3 Booking Confirmation: issued by the Website on behalf of the Tutor when the Tutor accepts an Order and which includes a                      link to these Terms.

       2.1.4 Cancellation Policy: has the meaning given to it in clause 10.1.

       2.1.5 Charges: the total charges are the Tutor Charge plus the Website Fee and are inclusive of VAT (if applicable)

       2.1.6 Content Standards: means Our standards available here.

       2.1.7 Contract: formed when a Booking Confirmation is issued to the Student, following an Order.

       2.1.8 Data Protection Legislation: the UAE Data Protection Legislation, Law No. 45 of 2021, relating to personal data and all                             other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of                                  personal data (including the privacy of electronic communications)

       2.1.9 Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral                  rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the                  right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use,                  and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual                        property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be                    granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of                  protection which subsist or will subsist now or in the future in any part of the world.

       2.1.10 Interactive Services: has the meaning given to it in clause 24.6.

       2.1.11 Insurance Policies: commercial general liability insurance cover, professional indemnity insurance cover and public liability                      insurance cover.

       2.1.12 Order: an order (which includes the Specification) placed by a Student with a Tutor for the Services.

       2.1.13 Payment Error: has the meaning given to it in clause 15.1.

       2.1.14 Fee: the amount We charge each Student so that they can use the Website.

       2.1.15 Student: an individual requiring tuition, or if that individual is aged under 18 years old a parent or legal guardian who is                            responsible and liable for and acting on behalf of the individual.

       2.1.16 Service: tutoring services, to be delivered either on a one-on-one basis or in groups.

       2.1.17 Session: the delivery of the Service (such as a class face-to-face or online) provided by a Tutor to a Student or Students                          agreed and recorded on the Website. A Course of Sessions means more than one Session.

       2.1.18 Specification: the description of the Service (including the subject, Charges, times, dates and locations of Sessions, any                          targets or objectives that the Student wants to work towards and any other requirements of the Student) agreed in writing                        and recorded on the Website by the Tutor and the Student.

       2.1.19 Tutor: provider of Services.

       2.1.20 Tutor Charge: the amount a Tutor decides to charge for each Session in exchange for providing the Services.

       2.1.21 Tutor Materials: materials, equipment, documents and other property of the Tutor.

       2.1.22 You, Your: a user of Our Website (in some places these Terms are stated to apply to Students and in other places they apply                    to Tutors, but if they do not say then they apply to each of Students and Tutors);

       2.1.23 VAT: value added tax or any equivalent tax chargeable in the UAE or elsewhere.

 

2.2 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

 

2.3 Unless the context otherwise requires: (a) words in the singular shall include the plural and in the plural shall include the singular; and (b) a reference to one gender shall include a reference to the other genders.

2.4 Clause headings shall not affect the interpretation of these Terms.

 

2.5 If you are a consumer, these Terms add to your legal rights which remain unaffected.

3. These Terms

 

3.1 These are the Terms on which We make the Website available to You. The is to facilitate meetings between Tutors and Students, enabling a Student to book private tuition Services from a Tutor, either on a one-on-one basis or in small groups. You will only be able to access the Website if You register for an Account in accordance with clause 5.

 

3.2 Please read these Terms carefully before You use Our Website, and again before You enter into a Contract (see clause 9 below). These Terms tell You who We are, how We will provide the Website to You, how You and We may change or end access to the Website, what to do if there is a problem and other important information. If You think that there is a mistake in these Terms please contact Us straightaway.

 

3.3 By using Our Website, You confirm that You accept these Terms and that You agree to comply with them. If You do not agree to these Terms, You must not use Our Website. In consideration of You agreeing to abide by these Terms We grant to You a non-exclusive, nontransferable licence to use the Website on these Terms until terminated. We strongly recommend that You print a copy of these terms for future reference.

4. Other terms that apply to You

 

These Terms refer to the following additional terms, which also apply to Your use of Our Website (a) Our Privacy Policy – please also see clause 20 below; (b) Our Cookie Policy, which provides information about the cookies on Our site; (c) and Our Content Standards and (d) – which You must also comply with at all times. If You do not, We may suspend Your Account and could ultimately block Your access to the Website. If We suspend or terminate Your Account (please see clause 19 below), any future Sessions which You have will be immediately cancelled.

5. Your Account

5.1 To use Our Website to book or to offer Services You must register for an Account. You must treat Your user name and password and any other information required as part of Our security procedures as confidential. You must not disclose it to any third party.

 

5.2 You must be aged over 18 years old to have an Account. If You are a Student acting on behalf of an individual aged under 18 years old, You are responsible for that individual including any interaction that individual may have with the Website.

 

5.3 We have the right to disable any Account, user name or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms.

 

5.4 If You know or suspect that anyone other than You knows Your Account details including user name or password You must immediately notify Us at admin@verdict.ae. You are responsible for maintaining Your Account therefore We advise that You log out of the Website whenever you have finished using it because if another person uses Your Account, You will be accountable for their actions. If You have informed Us that Your Account has or may be compromised, We can block the Account from that point so that it cannot be accessed. You will be invited to reset Your password, and You may be required to provide additional information so that We can verify You are who You say You are.

 

5.5 By setting up an Account and accepting these Terms, there is no obligation on either Student or Tutor to enter into a Contract (see clause 9).

6. Use of Our Website

6.1 Our Website is made available free of charge but please see clause 14 below for Charges for Services.

 

6.2 We shall use reasonable endeavours to make Our Website available to You. We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted (for example it may be temporarily unavailable while we upgrade it). We may suspend, withdraw or restrict the availability of all or any part of Our Website for business and operational reasons. We will try to give You reasonable notice of any suspension, withdrawal or restriction. Our Website are directed to people residing in the United Arab Emirates. We do not represent that content or Services available on or through Our Website is appropriate for use or available in other locations.

 

6.3 We may update and change Our Website from time to time: (a) if necessary to comply with any applicable law or regulatory requirement; or (b) if We consider that the amendment will not materially affect the nature or quality of the Website; or (c) to reflect changes to Our users' needs and Our business priorities.

 

6.4 Although We make reasonable efforts to update the information on Our Website, it is provided “as is” and We make no representations, warranties or guarantees, whether express or implied, that the content on Our Website is accurate, complete or up to date. You should use Your judgement when considering any information posted on the Website and including information and comments provided by other users) and You should ask questions whenever anything is unclear or if You are uncertain.

 

6.5 You must use Our Website in accordance with Our Acceptable Use Policy and Our Contents Standards. If You think another user is breaching Our Acceptable Use Policy or Content Standards please let us know. If a user is in breach of these Terms or Our behaviour expectations We reserve the right to block that person’s access to the Website.

 

6.6 We do not guarantee that Our Website will be secure or free from bugs or viruses. You are responsible for configuring Your information technology, computer programmes to access Our Website . You should use Your own virus protection software.

6.7 You must not misuse Our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Website, the server on which Our Website is stored or any server, computer or database connected to Our Website. You must not attack Our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use Our Website will cease immediately.

 

6.8 Where Our Website contains links to other websites and resources provided by third parties, these links are provided for Your information only. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them. We have no control over the contents of those websites or resources.

 

6.9 We amend these Terms from time to time. Every time You wish to use Our Website, please check these Terms to ensure You understand the terms that apply at that time. These Terms were most recently updated on the date stated at the start.

7. Students’ obligations

 

7.1 If You are a Student these additional requirements apply to You.

 

7.2 You are responsible for Your acts or omissions but if You are under 18 years old Your parent/legal guardian is responsible for You and they enter the Contract with the Tutor as a Student. If a parent/legal guardian enters a Contract or schedules a Session on behalf of a child, there is no requirement for Us or the Tutor to confirm with that child that they want to receive the Services.

 

7.3 We do not provide a matching service therefore You should use Your judgement when considering the suitability of any Tutor for Your needs.

7.4 You must:

 

       7.4.1 carefully consider any advert and communication provided by a prospective Tutor before placing an Order for Services. This                    includes checking the Tutor’s profile, their qualifications, references and insurance. Ensure that You have enough information                  about the Services offered and that You are satisfied that You have received all of the information You require from the Tutor                    (if for example You wish to review a Tutor’s references, please contact them directly via the Website to do so, and they will be                  provided).

       7.4.2 carefully check each Booking Confirmation and be happy that it is correct. You must immediately notify the Tutor of any                            mistake or problem;

       7.4.3 pay the Charges in accordance with clause 14 below;

       7.4.4 be courteous and co-operate with the Tutor in all matters relating to the Services which includes following the Tutor’s                                reasonable instructions when they are providing the Services;

       7.4.5 provide the Tutor with the information and materials as the Tutor may reasonably require so that they can supply the                                Services, and ensure that the information, including Your personal information, that You upload to the Website is up-to-date,                    complete and accurate so far as You can;

       7.4.6 obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the                        date on which the Services are to start and during the Services (for example licences to use Your computer/mobile device);           7.4.7 keep all Tutor Materials which are on Your device/computer in safe custody at Your own risk, maintain the Tutor Materials in                      condition, and not dispose of or use the Tutor Materials other than in accordance with the Tutor’s written instructions or                            permission;

      7.4.8 have suitable equipment (anything you may reasonably need) and maintain sufficient internet speed to receive the Services                   and use the Website. Check with the Tutor before placing an Order whether You need anything specific. You will not be entitled                 to a refund if You do not have all of the equipment that you need for a Session; and

      7.4.9 comply with any additional obligations as agreed between You and the Tutor, that may be documented on the Website (for                       example, minimum time required to prepare for each tutoring session).

7.5 You will be invited to provide reviews and rank Tutors that You have dealt with. You agree that any reviews and ratings that You will provide will be fair and reasonable and You acknowledge that the feedback You provide may impact a tutor’s position on Our Website. If We or a Tutor think that Your review is particularly unfair We may remove it from the Website in accordance with Our Acceptable Use Policy and/or Content Standards.

 

7.6 In order to protect Us, You promise Us that after receiving any communications from a Tutor, You will not during the 12 months after the communication, try to secure outside of the Website the business or custom of the Tutor with a view to receiving services from that Tutor in competition with Our business including our Website.

 

7.7 If You breach clause 7.6, We reserve the right to charge You up to AED 2,000 to compensate Us for the loss of use of Our Website and We consider this to be reasonable and proportionate to protect Our legitimate aim of operating Website.

8. Tutor’s obligations

 

8.1 The tutor must be at least 18 years old to offer the Services and must be legally entitled to work in the UAE. The Tutor warrants that it is entitled to work in the UAE without any additional approvals.

8.2 The Tutor is responsible for its acts or omissions.

 

8.3 The Tutor must:

 

       8.3.1 provide the Services, including the Tutor Materials, with all due care, skill and ability and be courteous, approachable and                        contactable through the Website and respond to communications promptly;

       8.3.2 check a Student’s age, and if they are under 18 years old The Tutor must ensure that a parent or legal guardian will enter the                  Contract on the minor’s behalf (i.e. the parent/legal guardian is the Student and is responsible for the minor);

       8.3.3 carefully consider any communication provided by a prospective Student before accepting an Order for Services. This                              includes checking the Student’s profile, their requirements and ensure that The Tutor has sufficient information about the                        Services they want to order. The Tutor must be satisfied that it has received all of the information it requires from the Student;

       8.3.4 agree a Specification for Services with the Student and record everything in written communications with the Student on the                    Website. If The Tutor needs a Student to have specific equipment for the Services, it must inform the Student before they                        place an Order and the equipment should be listed in the Specification;

       8.3.5 provide the Student with the information and materials as The Tutors thinks that they reasonably require to enable them to                      receive the Services, and ensure that the information, including The Tutor’s personal information, on the Website is up-to-                        date, complete and accurate as much as possible ;

       8.3.6 unless prevented by ill health or accident, deliver the Services as per the Order, which The Tutor accepted in the Booking                        Confirmation; Terms and Condition

       8.3.7 not complete (in part or in whole) any work including school or university work including projects, homework or coursework                      on behalf of the Student;

       8.3.8 not have any unspent criminal convictions of any kind subsisting at the date of the registration for an Account

       8.3.9 obtain and maintain all necessary equipment, licences, permissions and consents which may be required for the Services                      before the date on which the Services are to start and during the Services (for example licences to use the computer/mobile                  device);

 

8.4 If The Tutor is unable to provide the Services due to illness or injury, The Tutor must inform the Student as soon as reasonably practicable. For the avoidance of doubt, no Charges shall be payable in accordance with clause 14 when the Services are not provided.

 

8.5 The Tutor agrees that any Student may publish reviews and provide feedback about The Tutor on the Website and You agree that such feedback may impact The Tutor’s profile.

 

9. Contracts and Sessions between a Student and a Tutor - STUDENT and TUTOR ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION

 

9.1 Any samples, drawings, descriptive matter or advertising issued by the Tutor, and any descriptions or illustrations contained in the Tutor's profile on the Website are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.

 

9.2 The Student will receive an automatic confirmation email, unless the Student books an individual session. In this case, a tailored email will be sent by the Tutor to the Student.

9.3 If the Tutor cannot accept the Order, they will inform the Student of this in writing, the Student will not be charged for the Services. This might be because the Tutor is unavailable at the times required by the Student or because the Tutor has identified an error in the price or description of the Services. A Tutor may provide reasons as to why they rejected an Order. The Student can then decide whether to submit a new Order with revised requirements. If so, clause 3 applies.

 

9.4 The Order may be for a single Session or a Course of Sessions and will be confirmed in the Booking Confirmation. The Order constitutes an offer by the Student to purchase Services from the Tutor in accordance with these Terms.

 

9.5 If You are a Student You must provide an up-to-date debit or credit card when prompted during the booking process. If You are a Tutor, You must provide Your bank account details when prompted during the booking process so that You can receive payment of the Tutor Charge.

 

9.6 Once a Contract has commenced:

 

       9.6.1 all bookings of individual Sessions must be made through the Website and for the avoidance of doubt a booking cannot be                      made before the Contract is entered into.

       9.6.2 the Tutor will begin the Services on the date agreed with the Student;

       9.6.3 each of the Tutor and Student are responsible for maintaining adequate and sufficient internet connection. This must be                          strong enough to cope with videos and audio, as may be required from time to time. If the Student’s internet connection is                      not strong enough so that it is not possible for the Session to be delivered materially in full, the Student will not be entitled to                  a refund. If the Tutor’s internet connection is not strong enough so that it is not possible for the Session to be delivered                            materially in full, the Student will be entitled to a refund of the Tutor Charge only or reschedule within 2 working days; and

       9.6.4 if the Tutor needs to change the Services to comply with any applicable law or regulatory requirement the Tutor shall notify the Student and the Student may choose to terminate the Contract.

 

9.7 If You breach clause 7, We reserve the right to charge You up to AED 2,000 to compensate Us for the loss of use of Our Website and We consider this to be reasonable and proportionate to protect Our legitimate aim of operating the Website.

 

9.8 If the Tutor’s supply of the Services is delayed by an event outside the Tutor’s control then the Tutor will contact the Student as soon as possible to let the Student know and the Tutor will take steps to minimise the effect of the delay. Provided the Tutor does this the Tutor will not be liable for delays caused by the event.

 

9.9 Tutor’s limitation of liability: THE STUDENTS’S ATTENTION IS PARTICULARLY DRAWN TO THIS SECTION.

       9.9.1 If the Tutor fails to comply with these Terms, the Tutor is responsible for loss or damage the Student suffers that is a                                foreseeable result of the Tutor breaking the Contract or the Tutor failing to use reasonable care and skill, but the Tutor is not                    responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will                        happen or if, at the time the Contract was made, both the Tutor and the Student knew it might happen, for example, if the                        Student discussed it expressly (in writing) with the Tutor.

       9.9.2 This includes liability for death or personal injury caused by the Tutor’s negligence or the negligence of the Tutor’s                                    employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Student’s legal rights in                        relation to the Services including the right to receive Services which are: as described and match information the Tutor                            provided to the Student; of satisfactory quality; fit for any particular purpose made known to the Tutor; supplied with                                reasonable skill and care; and for defective products under the UAE Federal Law No. (15) of 2020 on Consumer Protection .           9.9.3 The Tutor only supplies the Services for domestic and private use. If the Student uses the Services for any commercial,                          business or re-sale purpose the Tutor will have no liability to the Student for any loss of profit, loss of business, business                          interruption, or loss of business opportunity.

10. Cancellations and no-shows

10.1 The Cancellation Policy is:

 

       10.1.1 neither a Student or a Tutor can cancel a Session from the time a scheduled Session starts or during a Session;

       10.1.2 under the UAE Federal Law No (15) of 2020 on Consumer Protection, a Student can change their mind about Services                          bought online within 14 days and receive a refund. Where a Tutor has already provided Services, the Student still has a                          right to change their mind (provided this is within the 14 day period), but the Student will be required to pay Charges for                          Services received. As such if the Student cancels the Contract or a Session or a Course of Sessions, within the 14 day                          period, after the Tutor has started the Services, the Student must pay the Charges for the Services provided up until the                          time the Student notifies the Tutor that the Student has changed their mind as calculated in clause 10.1.4; and

        10.1.3 if a Student wants to cancel the Contract or a Session the Student must notify the Tutor using the option on the Website. If                      the Student tries to cancel in any other way (outside of the Website) the attempt will not be valid and the Contract or                                Session (as applicable) will not be cancelled.

        10.1.4 If the Student:

  • (a) cancels 48 hours before the scheduled start time of a Session the Student will not pay the Charges; or

  • (b) cancels between 48 and 24 hours before the scheduled start time of a Session the Student will pay 50% of the Charges; or

  • (c) cancels less than 24 hours before the scheduled start time of a Session the Student will pay all of the Charges (and for the avoidance of doubt this is non-refundable); or

  • (d) cancels the entirety or the remainder of a Course of Sessions, the timeframes in clauses (a) to (c) apply in relation the next scheduled Session so Charges will be payable (in full or in part) if not cancelled in accordance with (a)

10.2 If a Tutor needs to rearrange or cancel a Session the Tutor must as soon as possible contact the Student on the Website. The Student is under no obligation to accept any changes that the Tutor proposes and the Student may terminate the Contract if it wants. If a Tutor contacts the Student on the Website to:

 

       10.2.1 cancel a particular Session the Cancellation Policy does not apply and the Student will not be required to pay the Charges;                    or

       10.2.2 rearrange a scheduled Session, the Student may choose to accept the change (and so the Charges will be applicable for                        the new Session) or the Student can reject the change in which case the particular Session will be cancelled and the                              Student will not be required to pay the Charges.

 

10.3 At the agreed start time of a Session:

       10.3.1 and unless the Student cancelled in accordance with the Cancellation Policy, if the Tutor does not provide the Service for                        any reason including if the Tutor is delayed by more than 15 minutes from the start time (and the Tutor did not tell the                              Student via the Website that the Tutor would be delayed so that the Student and Tutor could agree to the later start time),                        the Tutor will not be entitled to the Tutor Charge.

       10.3.2 if the Student does not arrive on time for the Session the Tutor must send them a message on the Website and wait for 15                      minutes. The Tutor must always contact the Student through the Website or email (info@verdict.ae) so that there is a record                    that the Tutor attempted to contact the Student. If the Tutor does not contact the Student, clause 3.1 applies. If the Student                      does not arrive by the 15 minutes after the scheduled start time of the Session, the Tutor can cancel the Session and the                        Student will be liable for the Charges, even if they subsequently arrive.

 

10.4 If You choose to stop using the Website at any time, or We suspend or terminate Your Account in accordance with clause 1 or 19.2:

 

       10.4.1 if You are a Student, any outstanding Sessions that You have scheduled will be cancelled in accordance with the                                      Cancellation Policy which may result in You paying Charges; and

       10.4.2 if You are a Tutor, if You have any Sessions booked for Services that You have not yet provided, those Sessions will be                            immediately cancelled and We will contact the respective Student who may choose to book with another Tutor instead. You                      will only be entitled to Tutor Charges where You have already provided the Services. You may be liable for refunds for Tutor                      Charges which You received but where You have not provided the Services.

 

11. When You might terminate a Contract

11.1 A Student may want to end a Contract with a Tutor if:

 

       11.1.1 the Tutor plans to change the Services and the Student does not agree to the change or if the Tutor has told the Student                          about an error in the Specification so the Student does not wish to proceed;

       11.1.2. there is a risk that supply of the Services may be significantly delayed because of events outside the Tutor’s control;

       11.1.3 the Tutor has suspended supply of the Services for technical reasons, or notified the Student that the Tutor is going to                              suspend them for technical reasons, in each case for a period of more than 15 minutes; or

       11.1.4 the Student has a legal right to end the Contract because of something the Tutor has done wrong.

 

11.2 The Tutor may end the Contract at any time by writing to the Student on the Website or by email if the Student does not, within a reasonable time of the Tutor asking: (a) provide the Tutor with information that is necessary for the Tutor to provide the Services; or (b) allow the Tutor to provide the Services to the Student.

 

11.3 If the Tutor wants to stop providing the Services, the Tutor must provide at least 24 hours’ notice to the Student on the Website, and on expiry of the notice the Contract terminates.

 

11.4 Nothing in this clause 11 stops either the Student or Tutor from closing their Account on the website in accordance with clause 4.

 

12. Consequences of termination

12.1 Upon termination all rights granted to You under these Terms will immediately stop which means You must stop all activities authorised these Terms including using the Website and the Services will also end. The Student will immediately pay all outstanding unpaid Charges but if the Student is entitled to a refund the Tutor must make any refunds as soon as possible and within 14 days of the last date the Services were provided. The Student shall return all of the Tutor Materials, unless the Tutor tells the Student that they can keep the Tutor Materials. 

12.2 Membership Packages are non-refundable 

13. Charges

 

13.1 The Student must pay the Charges which include VAT. The total Charges will be displayed on the Website and a Student’s Order will be subject to those Charges. The Charges will be confirmed in the Booking Confirmation. If You think the Charges in a Booking Confirmation are wrong please immediately contact Us at info@verdict.ae to let Us know.

 

13.2 All Charges are paid, and if applicable refunds are processed, using Stripe Payments Europe Ltd. (Stripe) whose Terms are available here: Stripe Services Agreement (https://stripe.com/ae/legal/ssa/ae) and Stripe Connect Platform (which Stripe may update from time to time). You authorise Us to provide such information as We may require to enable Stripe to provide their services and You will provide us with all reasonable assistance that We may require so that We can comply with Our obligations to Stripe.

 

13.3 By placing an Order a Student consents to Stripe charging the payment card/payment method listed in their Account. Charges will be deducted at the point the Session is completed and once Stripe’s verification process is complete.

 

13.4 If the Student does not agree that the Session was delivered and has notified the Tutor, or if there are any other problems with payment (including if the Student does not have enough funds available on their chosen payment method to pay the Charges) the Student and Tutor will work in good faith to try to resolve the problem. During any dispute, neither Student nor Tutor will be required to pay any interest until the problem is resolved. Once the dispute is resolved the Student will be charged interest on sums that were correctly stated in the Booking Confirmation from the original due date, unless they are entitled to a refund in which case no interest will be charged.

 

13.5 Without prejudice to any other right or remedy that the Tutor or We may have, if the Student fails to pay Charges due on the due date then:

 

13.6 Tutor may suspend all or part of the Services until payment has been made in full; and

13.7 If the Tutor does not deliver the Services in accordance with the Order (either at all or if they are at least 15 minutes delayed from the scheduled start time of the Session so that the Student is entitled to cancel the session in accordance with clause 3.1), due to the automated process Charges may have been deducted from the Student’s payment method but the Charges will subsequently be refunded in accordance with these Terms.

 

13.8 Any refunds due will be made as soon as possible. If a Student exercises their right to change their mind then the refund will be made within 14 days of cancelling the Order, unless any Services have already been provided in which case the Student will only be entitled to a refund for the proportion of Services not yet delivered.

 

13.9 All Charges payable under clause 14 shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

14. Payment Errors

 

14.1 If Stripe cannot take the Charges from the Student’s designated payment method (Payment Error), [Stripe is authorised to attempt to take payment again one hour later, and if there is a second Payment Error Stripe will try a third time one hour later. On every attempt that Stripe is not able to take payment, Student will receive automatic notifications from the Website that there has been a Payment Error.

 

14.2 If payment remains outstanding for 14 days, We may refer the debt to a debt recovery agency and You acknowledge and agree that this may be required.

 

14.3 We are not liable for any loss of Tutor Charges due to Payment Errors.

15. Resolving issues and problems

15.1 We are not responsible for any Student. From time to time We may in our sole discretion choose to consider disputes between a Student and a Tutor, and suggest possible resolutions.

 

15.2 If within 48 hours of the scheduled end time of a Session, You notify us at info@verdict.ae and ask Us to investigate, We will use reasonable endeavours to help solve the dispute. We will review messages sent on the Website between the Student and Tutor and You should provide assistance and further information that We may reasonably require.

 

15.3 If We decide that a Student or a Tutor has breached these Terms We may terminate that party’s Account. Our rights and remedies are reserved.

 

15.4 If Student or Tutor disagree with the outcome of Our decision at clauses 2 or 15.3, the matter may be dealt with by referring to the courts.

16. Intellectual property rights

 

16.1 You acknowledge that all Intellectual Property Rights in the Website throughout the world belong to Us, that rights in the Website are licensed (not sold) to You, and that You have no Intellectual Property Rights in, or to, the Website other than the right to use the Website in accordance with these Terms.

 

16.2 You acknowledge that You have no right to have access to the Website in source code form. You will not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website nor attempt to do any such things.

 

16.3 You are not permitted to use our trade marks without Our prior written approval, unless they are part of material You are using as permitted under clauses 4 and 16.5.

16.4 You may print off one copy, and may download extracts, of any page from Our Website for Your personal use but You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on Our Website must always be acknowledged.

 

16.5 You must not use any part of the content on Our Website for commercial purposes without obtaining a licence to do so from Us or Our licensors. If You print off, copy or download any part of Our Website in breach of these terms of use, Your right to use Our Website will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.

 

16.6 Notwithstanding the Acceptable Use Policy and Content Standards, any content You upload to Our Website will be considered non-confidential and non-proprietary. You retain all of Your ownership rights in Your content, but You are required to grant Us and other users of Our Website a perpetual, royalty free, non-exclusive licence to use, store, copy modify and create new works from that content and to distribute and make it available to third parties.

17. Our responsibility for loss or damage suffered by You

 

17.1 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking these Terms or Our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you entered into these Terms, both We and You knew it might happen.

 

17.2 We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

 

17.3 We are not responsible for any loss or damage You may suffer due to the actions or omissions of any of users (Students) of Our

Website.

17.4 You acknowledge that the Website has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the Website as described in How it Works meet Your requirements.

 

18. When We might suspend or terminate access to the Website

 

18.1 We may temporarily suspend Your Account and therefore Your access to the Website if We know or reasonably suspect that are in breach of these Terms, including failure to pay any Charges on the due date for payment and if You remain in default not less than 14 days after being notified in writing in accordance with clause 2 to make such payment.

 

18.2 We may terminate Your Account and therefore Your access to the Website immediately by written notice to You in accordance with clause 2 if commit a material breach of these Terms or if You do not, within a reasonable time of Us asking (in writing in accordance with clause 1.2), remedy (if remediable) any breach of these Terms.

 

19. How We may use Your personal information

 

19.1 Under Data Protection Legislation, We are required to provide You with certain information about who We are, how We process your personal data, for what purposes, together with Your rights in relation to Your personal data and how to exercise them. It is important that You read this information.

 

19.2 Please be aware that internet transmissions are never completely private or secure and that any message or information You send using the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

20. Other important terms

 

20.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

 

20.2 If We do not insist immediately that You do anything You are required to do under these Terms, or if We delay in taking steps against You in respect of Your breaching these Terms, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. For example, if You miss a payment and We do not pursue You but We continue to make the Website available to You, We can still require You to make the payment at a later date.

 

20.3 We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of Our obligations under these Terms if such delay or failure result from events, circumstances or causes beyond Our reasonable control.

 

20.4 These Terms, their subject matter and their formation are governed by UAE law and You can bring legal proceedings in respect of the services in the UAE courts.

 

21. Linking to Our Website

 

You may link to Our home page, provided You seek Our prior written consent and then You must only link in a way that is fair and legal and does not damage Our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a link to Our Website in any website or social media account that is not owned by You. Our Website must not be framed on any other website or social media account, nor may You create a link to any part of Our Website other than the home page. The Website in which You are linking must comply in all respects with Our Acceptable Use Policy and Our Content Standards. We reserve the right to withdraw linking permission without notice. If You wish to link to or make any use of content on Our Website other than that set out in this clause 21, please contact Us in accordance with clause 1.1.

22. Acceptable Use Policy

 

22.1 This Acceptable Use Policy sets out our requirements that apply when You upload content to Our Website, make contact with other users on Our Website, link to Our Website, or interact with Our Website in any other way. You must also comply with Our Content Standards. You warrant that You comply at all times with this Acceptable Use Policy and Our Content Standards, and You will be liable to Us and indemnify Us for any breach of that warranty. This means You will be responsible for any loss or damage We suffer as a result of Your breach of warranty.

 

22.2 We have the right to disclose Your identity to any third party who is claiming that any content posted or uploaded by You to Our Website constitutes a violation of their intellectual property rights, or of their right to privacy. We also have the right to remove any posting You make on Our Website if, in Our opinion, Your post does not comply with the Content Standards or Our Acceptable Use Policy.

 

22.3 We do not store terrorist content.

 

22.4 You may use Our Website only for lawful purposes and You must ensure that You comply with all applicable laws. You may not use Our Website:

 

       22.4.1 in any way that breaches any applicable local, national or international law or regulation;

       22.4.2 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

       22.4.3 for the purpose of harming or attempting to harm minors in any way;

       22.4.4 to bully, insult, intimidate or humiliate any person;

       22.4.5 to send, knowingly receive, upload, download, use or re-use any material which does not comply with Our Content                                  Standards;

       22.4.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form                    of similar solicitation; or

       22.4.7 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs,                              keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect                        the operation of any computer software or hardware. 24.5 You also agree: 24.5.1 You are solely responsible for securing                          and backing up Your content;

       22.5.2 not to reproduce, duplicate, copy or re-sell any part of Our Website in contravention of the provisions of Our Terms;

       22.5.3 not to access without authority, interfere with, damage or disrupt: (a) any part of Our Website; (b) any equipment or network                    on which Our Website is stored; (c) any software used in the provision of Our Website; or (d) any equipment or network or                      software owned or used by any third party.

22.6 We may from time to time provide interactive services on Our Website, including messaging features (Interactive Services).            Where We do provide any Interactive Service, We will provide clear information to You about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). Where We do moderate an Interactive Service, We will normally provide You with a means of contacting the moderator, should a concern or difficulty arise.

 

22.7 We will do Our best to assess any possible risks for users from third parties when they use any Interactive Service provided on Our Website, and We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, We are under no obligation to oversee, monitor or moderate any Interactive Service We provide on Our Website, and We expressly exclude Our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of Our Content Standards, whether the service is moderated or not.

 

22.8 The use of any of Our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any Interactive Service should be made aware of the potential risks to them.

 

22.9 When We consider that a breach of this Acceptable Use Policy has occurred, We may take such action as We deem appropriate. In addition, at any time We may remove any Contribution which We deem, in Our sole discretion, to be unsuitable. Our decision is final and cannot be challenged.

 

22.10 Failure to comply with this Acceptable Use Policy constitutes a material breach of Our Terms upon which You are permitted to use Our Website, and may result in Our taking all or any of the following actions:

 

       22.10.1 immediate, temporary or permanent withdrawal of Your right to use Our Website;

       22.10.2 immediate, temporary or permanent removal of any Contribution uploaded by You to Our Website;

       22.10.3 issue of a warning to You;

       22.10.4 legal proceedings against You for reimbursement of all costs on an indemnity basis (including reasonable administrative                          and legal costs) resulting from the breach;

       21.10.5 further legal action against You; and

       22.10.6 disclosure of such information to law enforcement authorities as We reasonably feel is necessary or as required by law

 

22.11 We exclude Our liability for all action We may take in response to breaches of this Acceptable Use Policy. The actions We              may take are not limited to those described above, and We may take any other action We reasonably deem appropriate.

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