الأحكام والشروط

Terms and Conditions

Definitions

Service: It refers to the online education service (e-learning) that is offered by the Website.

Users: Any individual that could successfully create an account whether a student or mentor whether having a full or partial access, permission, or authorization to use the Website and its Service.

IPRIt means (a) all inventions, processes, discoveries, developments, or improvements, whether or not patentable, or whether subject of patent(s) or application(s) therefore, (b) all copyright-protected works (including, without limitation, all literary, artistic, dramatic, musical works and software), (c) all brand names, logos, slogans, product names, service names, trademarks, trade dress, corporate names, business names, trade names, and domain names, all whether or not registrable or subject of registrations or applications for registration and all goodwill associated therewith, (d) all designs and industrial designs, whether or not patentable or registrable, and whether or not patented or registered, or the subject of application(s) for registration, (e) all formulae, confidential information, trade secrets, know-how, and any information having commercial value, and (f) all other intellectual and industrial property whether or not registered or subject of application(s) for registration.

PetitionsA petition is a legal action made by a User against certain decisions by which such a User requests from us to re-consider our decision as a favor without any obligation on our side to amend such a petitioned decision. A petition cannot be interpreted as a dispute against us.

ForceMajeureAny unforeseen accident that could not be predicted by the affected party prior to its occurrence and has undoubtedly prevented the affected party from complying with its obligations in full or in part, such a Force Majeure state may include without limitation: (revolutions, fires, floods, natural disasters, parlous pandemics, technical issues especially in the payment gateway, etc.)

1. This website ("theWebsite") is the sole property of Onnmed LLC with License No. 2008244.01 based in Sharjah Media City, Sharjah, UAE. By using our website, you are expressly acknowledging your full culpability with all the Website's Terms & Conditions, therefor, you are strongly recommended to review all the T&Cs before proceeding. If you do not accept any single provision, you are therefor argued to quit using the Website unless you obtained an expresses statement from the Website granting you any exception or special provisions pertinent to the usage of the Website.

2. Usage & Permissions

2.1 By creating an account and using the Website, it shall be deemed that you are granted a temporary permission to use the Website and its Service. Such a permission is only granted for the sole purpose of benefiting from the Service.

2.2 We have the sole discretionary power to accept or reject mentors' or students' registration requests. Mentors will be invited for online meeting via any agreed platform on which we rely to accept or reject your registration request, we may ask you to upload some documents to verify your qualifications, your failure to upload our requested documents may lead to the conclusion that you provided us with misleading and/or falsified information.

2.3 We have the sole discretionary power to suspend, limit, or terminate your permission and/or account and/or access to the Website without justifying such a decision. In such an event, you would be entitled to contact us to clarify the situation so that we may (but in no way guaranteed) amend our decision.

2.4 If you are a student, and your account got suspended or terminated because of any fraud or misleading information or illegitimate acts or Prohibited Acts or Starkly Prohibited Acts, we would be entitled to seize your payments without granting any partial or full refund.

2.5 If you are a Mentor, and your account got suspended or terminated because of any fraud or misleading information or illegitimate acts or Prohibited Acts or Starkly Prohibited Acts (defined in Section 4 below), we would be entitled to seize your funds on your wallet without granting any payment/withdrawal request in part or in full.

3. Intellectual Property Rights ("IPR")

3.1    All the Website's contents including but not limited to texts, photos, illustrations, drawings, videos, and designs are the sole proprietorship of Onnmed and its IPR unless otherwise established. Onnmed reserves all its rights to sue any party infringes its IPR in any way. However, materials used by Mentors for education are not included in our IPR unless we prepared or edited such materials.

3.2    We respect all kinds of IPR of others, and we always argue and encourage our Users whether students or Mentors to do the same. Hence, we exert our reasonable efforts to have all kinds of our work genuine with no possible contradiction or breach with any kind of IPR owned by any third party.

3.3   If you think we have infringed your IPR in any way, please contact us as soon as possible, otherwise, you are therefore waiving all your rights of removing such claimed infringement.

3.4    If you think that any Mentor has infringed your IPR in any way (e.g. using your copyrighted content for education), please contact us as soon as possible and we will investigate the matter.

3.5    If we think that you have infringed our IPR in any way, we will notify you with such an infringement asking you to seize and desist the infringement in question. If you neglected our notification or refused to remove the infringement with all its effects, we may take an action against your account and/or sue you.

3.6    Third parties who are not registered as Usersand think that we or any Mentor have infringed their IPR in any way are welcomed to contact us to report such IPR infringements, we will consequently investigate the matter.

3.7    Although we always endeavor to protect the IPR of third parties, we do not guarantee you (as a third party) that we will oblige any User to remove or amend its content purportedly infringing your IPR.

4. Prohibited usage and acts on the Website.

4.1    This section deals with the most obvious prohibited acts and usages on the Website as an integer part of our Terms of Use. However, missing any prohibited act cannot be taken as a permission to commit such an act and do not exempt you from any liability in such a case.

4.2    The purpose of the Website is clear which is online Mentoring ("thePurpose"), its Service is crystal clear too, you are granted the permission to use the Website for this sole purpose, any usage that contradicts with the Purpose in any way shall be deemed a prohibited act. ("ProhibitedAct")

4.3    By using the Website, you acknowledge and insist that your sole intention is either Mentoring/tutoring for a financial gain as a Mentor or attending tutoring sessions and classes as a student.

4.4    We have the sole discretionary power to amend, suspend, or terminate your amount if it is established that you have committed or attempted to commit any Prohibited Act.

4.5     In addition, we strictly prohibit some acts that include without limitation: (defamation, insulting, threatening, infringing IPR, committing or attempting to commit money laundering, falsifying information, creating fake accounts, advertising for any other website or entity or business whether for your benefit or for any third party's benefit, any political exploitation, hateful speech, harassment, hacking or attempting to hack accounts, spreading rumors, collecting other Users' information, using robots, committing or attempting to commit or assisting or attempting to assist in any criminal crime, and accessing or attempting to access our system) ("StarklyProhibitedActs")

4.6    You are strictly prohibited to contact any other User outside the Website with the purpose of establishing the same Service with him/her outside the Website. Contacting any other User outside the Website shall entitle us to terminate, close, and block your account and device and seizing your payments if you are a Student or your funds in your wallet if you are a Mentor (even if you failed to conclude such a collaboration outside the Website, the mere attempt is sufficient to grant us the entitlement to do so)

5. Disciplinary Procedures

5.1    We reserve all our rights in taking any disciplinary procedure against you if it was established that you either committed any of the Starkly Prohibited Acts or repeated any Prohibited Act.

5.2    Disciplinary procedures, among others, can be: (limiting or amending or suspending or terminating your account, seizing your payments whether a student or mentor, imposing fines, and blocking your device from accessing the Website) "DisciplinaryProcedures"

5.3    If it was established that you committed or attempted to commit or assisted or attempted to assist in any criminal crime, we may report the incident at stake to your national prosecution and/or governmental authorities.

5.4    All Starkly Prohibited Acts can be used to sue you outside the Website.

5.5    We may remove or edit any IPR infringement/s made by you or any User or any third party.

5.6    Our silence towards any Prohibited Act or Starkly Prohibited Act cannot in any way be taken as an acceptance from our side to such an act, and we reserve all our rights to investigate any suspected issue and take any Disciplinary Procedure.

5.7    All Disciplinary Procedures can be disputed under Section (7) below.

6. Paymentsand Refunds

6.1 Payments

6.1.1    When a Student books any course to secure his/her place, the full amount shall be paid to reserve the mentor slot. We recommend chatting with the mentor first to check their availability.

6.1.2    When a Student pays any amount, the money remains with BetterMentors until the end of the course/lesson.

6.1.3    Any amount paid by any Student shall not include any kind of taxes. Students bear all/any taxes charged. In any event, when a Student proceed with the payment, he/she would be notified with the final amount to be paid after adding such taxes, if any.

6.1.4     In  addition to Para 6.1.3 above, Students are to pay an extra 3.95 AED as transaction fees and an additional 15 AED admin fees. Further, any amount paid by any Student is subject to a commission of 15% from the mentor excluding the taxes in Para 6.1.3 and the aforementioned 5% that would be paid by Students.
(for avoidance of doubts, if the course costs 100 AED, the Students would pay 100 + 3.95 + 15 = 118.95 AED , we take the 18.95 AED and the remaining amount which is 100 AED would be divided as 85 AED for Mentors and 15 AED for us)

6.1.5    After the end of the course, the Mentor may submit a request to receive the money in his/her wallet, we would respond in a maximum period of fourteen (14) days with acceptance or rejection. Our failure to respond within fourteen days shall make the Mentor entitled to the requested amount in full (after deducting the 15% commission) unless any technical error has occurred that may delay our receipt of Students' paid fees or sending any due monies to the Mentor. 

6.1.6    Students may submit refund requests (in full or in part) after the end of any course within a maximum period of five (5) days pursuant to Art. 6.2.2 below. Students' failure to submit such a refund request within this deadline shall be deemed as a full satisfaction from their side towards the course taken and its Mentor. All refund requests is subject to acceptance or rejection based on the circumstances of the request and if the admin deem it valid request.

6.1.7    In the event the Website made any additional deduction (besides the 15% commission), the Website shall formally notify the concerned Mentor with the reason of such a deduction which can be disputed by the Mentor pursuant to Section (7) below.

6.2 Refunds

6.2.1    A Student shall be entitled to 100% refund if he/she chose to cancel the booking seven (7) days prior to the start date of the course or 50% refund if he/she chose to cancel the booking two (2) days in advance. No refund request may get granted in case of any later cancellation. 

6.2.2    If a Student thinks that he/she is entitled to a refund for any reason related to his/her Mentor's negligence or default, he/she may submit a refund request within five (5) days as from the date of the end of the course explaining the reasons of the request in question.

6.2.3    We have the sole discretionary power to decide whether or not such a refund request shall be accepted in full or in part.

6.2.4    Some examples of reasons that are likely to grant refund requests in full or in part: (the course given did not match its description or topic, the Mentor cancelled any session/s without re-scheduling, the Mentor did not use advanced tools as described, the Mentor gave outrageously wrong information, the Mentor showed significant discrimination or significant lack of professionalism in dealing with Students, the Mentor stated false credentials to promote his/her course, the Mentor repeatedly had poor internet connection)

6.2.5    Some examples of reasons that are unlikely to grant refund requests in full or in part: (the quality of the course got below expectations, the Student changed his/her mind regarding taking the course, the Student's internet connection was poor and could not properly attend any session/s)

6.2.6    All our decisions regarding refund requests ("RefundDecisions") can be disputed under Section (7) below by either the concerned Mentor or Student.

7. Petitions

7.1 Despite the fact that we have the sole discretionary power to take all/any decision/s as insisted in all sections above, all Disciplinary Procedures and Refund Decisions are subject to petitions under this Section (7). Such a petition shall be raised within a period of seven (7) days as a maximum as of the day of issuance of the petitioned decision.

7.2 Any party who raises a petition acknowledges and confirms that he/she fully understands that the petitioned decision has been rightfully taken by us based on our stated sole discretionary power. However, such a party merely requests for the petitioned decision to be re-considered as a favor from our side.

7.3 We will, in due course, take a decision regarding the decision with upholding the petitioned decision or granting the petition in full or in part.

8. Disputes between you and us

8.1 If you believe that we violated our obligations stated in the T&Cs and wish to sue us, you have to contact us and send a notice ("theNotice") explaining the matter within a year if the alleged transgression at stake. Your failure to serve a Notice within the period of 1-year shall waive and forfeit your right of raising such a dispute.

8.2 Within a period of two (2) months as from the date of receiving your Notice, we would respond with our comments, we may accept or reject the grounds of your Notice, or we may invite you for a conciliation. Your failure to attend the conciliation shall annul your Notice and dispute.

8.3 Our failure to respond to your Notice within the period of two months shall be deemed as an entire rejection towards your Notice, and therefor you would be entitled to proceed with the litigation action.

8.4 As for disputes against Refund Decisions, you may not send a Notice or proceed with litigation outside the Website unless you raise a petition pursuant to Art 7.1 above and get your petition rejected.

8.5 Likewise, if we believe that you shall be sued outside the Website, we will send a notice ("NoticeofCharges") explaining our grounds and inviting you to a conciliation. (only charges with criminal nature can be sued outside the Website without sending such a Notice of Charges)

8.6 Your failure to respond within the same period of two months shall be deemed as an entire rejection towards our Notice of Charges, hence, we would be entitled to proceed with our legal actions outside the Website.

9. Miscellaneous

9.1 If any provision/s or part/s of the T&Cs is held null and void by law, such invalidity shall be limited to that provision or part without affecting the validity of the T&Cs in any way.

9.2 All notices and notifications of any kind sent to Users will be sent to their emails used to sign up, and they shall be deemed valid, delivered, and read.

9.3 All the T&Cs are governed by laws and regulations of the United Arab Emirates (UAE)

9.4 All parties accept and recognize the concept of "ForceMajeure" with all its legal consequences in force majeure cases including but not limited to: (revolutions, fires, floods, natural disasters, parlous pandemics, technical issues especially in the payment gateway, etc.) on condition that the concerned party shall prove that such a force majeure has took place in an unforeseen way and prevented it from complying with its obligations.

9.5 The T&Cs are drafted and published in both languages Arabic and English. In the unlikely event there was any contradiction between the two versions, the Arabic version shall prevail.

9.6 Students fully understand that courses can be of a lower quality than their expectations, we cannot assist them in this issue.

9.7 A Mentor may make a 30-minute session available free of charges as a trial session, after which the Students can choose whether to take the course.

9.8 We may ask you at anytime to submit some supporting documents for verifications, your failure to deliver the requested documents shall be taken as you gave misleading information.

9.9 Mentors and Students completely understand that all sessions would be conducted via Groupworld software which is the responsible party of any technical issues or maintenance.

9.10 All sessions and our Service is provided and offered for your personal benefit. Hence, Students are not allowed or permitted to copy or share the content of any/all session/s.

9.11 Users acknowledge that they use the Website and the Service at their sole risk. We are not, in any way, responsible or liable for any mistakes, defaults, inaccuracy, damages, unauthorized access, your inability or lack of experience to use the Website, damage of materials, third parties' spams, etc.

9.12 Any legal point or issue that is missed or not discussed in the T&Cs shall be referred to the laws and regulations of the UAE.

9.13 We offer the Service as an intermediary between Students and Mentors, we are not liable for any default from any side towards the other (notwithstanding we always endeavor to settle disputes between Users). No provision in the entire T&Cs may be interpreted or understood as we are responsible of/for any misuse of the Service by any User in any way. Further, we do not in any way guarantee the quality of the Service.

9.14 The Service cannot, in any way, taken as an employment relationship between us and the Mentor, nor between Students and Mentors. However, it forms a contractual relationship between Students and Mentors which gets terminated after the end of such a course and after paying its fees.

9.15 All provisions stated in the T&Cs can be subject to modification by bilateral agreement between you and us by virtue of a separate written agreement as long as such a new agreement does not go against public order or any binding law.

9.16 No right in the T&Cs can be assigned or transferred to any third party.

9.17 Users entirely confirm and acknowledge that they are responsible of securing a reliable internet connection, your poor connection as a Student is unlikely to grant your refund request, your poor connection as a Mentor is likely to grant your Students' refund requests.

9.18 We may trace and/or record sessions for the purpose of investigations, tracking violations, or verification.

10. Indemnification

10.1 As a User, you hereby agree to indemnify us against any claim, lawsuit, or dispute of any kind that is filed against us as a result of any of your conduct including but not limited to: (misuse, spoiling, IPR infringement, unauthorized access, discrimination, Prohibited Acts, Starkly Prohibited Acts, etc.) In general, you indemnify us against all acts that are penalized and prohibited by any law, principle, or customs. ("IndemnifiedActs")

10.2 Your indemnification shall include and cover all fees, costs, and expenditures of any kinds including attorneys' fees.

10.3 You are responsible for all your agents', employees', fellows', successors', affiliates', directors', and officers' defaults, conduct, and usage of the Website and the Service. Hence, you indemnify us against any of their Indemnified Acts.

10.4 In case you refrain from or evade this Indemnification obligation, we would be entitled to sue you and take all possible legal actions against you to collect these monies in addition to all possible compensations, reimbursements, and/or damages arising out of your refrainment.

11. Reviews

11.1 Students can submit reviews (from 1 to 5) on the course/s they attended and completed.

11.2 For a Student to be eligible for submitting a review, he/she shall attend at least 50% of the course's sessions.

11.3 Mentors are welcomed to reply to Students' reviews; however, Mentors may not request the cancellation or modification of such a review.

11.4 Students and Mentors are always obligated to submit reviews or respond to reviews in a good manner, professionally, objectively, and ethically. Although it is unlikely to change or cancel any Student's review, we may change the wording of such a review to give the same meaning but removing any insult, hateful speech, or unprofessional review.

11.5 Severe unprofessional insulting reviews are subject to Disciplinary Procedures for Students and Mentors.

11.6 Excellent reviews are likely to promote Mentors' courses. (i.e. the better Mentors' reviews, the more getting viewed)

12. Promotions & Referrals

12.1 Students are encouraged to refer their friends and colleagues to sign up on the Website and book their courses.

12.2 When a Student refer his/her friend who signs up and pays to attend a course, the referrer Student shall be entitled to a promo code of 25% to be used in booking any other courses (with a maximum amount of USD 35). Promo codes can be only used in this way, and may not be refunded or paid in cash or any other way.

12.3 Referrer Students are only entitled to such a promo code when their referred friend finishes his/her course without having his/her paid money refunded in full or in part.

12.4 Any promo code shall have a validity period of one (1) year as a maximum as from the date of awarding the Student the promo code.

12.5 Mentors can request making promo codes to some or all Students for a certain course, in such an event, and if we accepted the request, we would discuss the matter with that Mentor in regards of distributing the discounted amount.

13. Entire Agreement & Modification

13.1 As stated above, the User Agreement, this Terms of Use, and the Privacy Policy, all forms together the T&Cs, the latter (the T&Cs) forms the entire agreement between you and us, your usage of the Website shall be deemed as acceptance from your side to the entire T&Cs which is the entire agreement.

13.2 The T&Cs shall be treated as a whole; you accept all provisions therein without any exception. If you do not accept any single provision, you shall stop using the Website as soon as possible and close your account.

13.3 Non-culpability or non-awareness are not valid excuses in any way to defend any of your legal defaults, as well as defaults of your employees, fellows, agents, entities, or affiliates.

13.4 As stated above, we emphasize that we have the sole discretion to modify, edit, and/or amend any provision stated in the T&Cs after sending you a notice of such modification/s by email or any other valid delivery means.

13.5 The T&Cs are bindings on all Users. Any User who closes his/her account would desist being obligated under the T&Cs except all provisions pertinent to the IPR, Dispute Resolution, Indemnification, and permitted & prohibited usage, all such provisions shall survive for an unlimited period.