Effective Date 1st January 2018.
These terms and conditions constitute a legally binding agreement between you and Douroosi, (“Douroosi,” “we,” or “us”), the owner and operator of Douroosi.com, and other related websites, applications, mobile applications and services provided by Douroosi in which these Terms and Conditions are provided (the “Site”). These terms and conditions (the “Terms and Conditions”), together with our policies and procedures incorporated herein, (the “Agreement”) govern your use of the Site and/or Services.
- Key Terms
“Agreement”, “Site”, and “Services” shall have the meanings provided above.
“Content” means any text, graphics, images, photos, audio, video, software, location data, layouts, user interfaces, logo designs, sounds, music, artwork, computer code, and all other forms of data or communication without limitation, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, that are made available in or through the Site and/or Services.
“User” means a person who accesses or uses Douroosi Site and/or Services.
“User-Generated Content” means any Content that a User posts, uploads, publishes, submits or transmits through or in relation to the Site and/or Services, including but not limited to all Personal Information, educational preference or information, or Content provided in direct response to your questions or postings.
“Douroosi Content” means all and any Content that Douroosi makes available through the Site and/or Services, including any Content licensed from a third-party, but excluding User-Generated Content.
“Tutors” means a selection of teachers, instructors, trainers or academics from different educational backgrounds qualified to provide tutoring services in their respective jurisdiction.
The Services provided by Douroosi includes offering online tools and resources to connect those seeking academic training and/or educational or tutoring sessions with those seeking to provide tutoring services from various locations around the world, as well as other online features that we may introduce from time to time (the “Services”). You acknowledge and agree that Douroosi reserves the right to modify or discontinue, temporarily or permanently, our Services, or any features or portions thereof, without prior notice. You agree that Douroosi will not be liable for any modification, suspension or discontinuance of our Services, or any part thereof.
You acknowledge and agree that Douroosi only facilitates the process of searching and selecting tutoring services provided by Tutors, and does not itself provide any tutoring services of any kind, and does not make any representations, warranties, guarantees or endorsements regarding any educational, academic or tutoring services of any kind that you may obtain from Tutors as a result of using the Site and/or Services.
- User Accounts
You must register an account with Douroosi to be able to use our Site and/or Services. When you register, you will be required to provide Personal Information about yourself (as defined in our Privacy Statement), which shall be collected and used in accordance with our Privacy Statement. Please review our Privacy Statement carefully, as your use of the Site and/or Services constitutes your agreement to it. You agree to maintain accurate, complete, and up-to-date information in your account. You agree to maintain the security and secrecy of your account by not sharing your password with others and restricting access to your account, computer and device, and accept all risk of unauthorized access. You should promptly notify Douroosi if you discover or suspect any security breaches related to our Services or your account. Failure to do so, including having an invalid or expired payment method may result in your inability to access and use the Services, and may result in Douroosi’s termination of these Terms and Conditions with you.
You are not allowed to create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. You further agree that your Douroosi membership is not restricted to Tutors you have selected or currently engage with, and your membership continues even if you choose to no longer receive tutoring services from any Tutor or at any time that you have no Tutor.
Douroosi reserves the right to modify and revise these Terms and Conditions, our Privacy Statement or any of its other policies that it may post from time to time and in its sole discretion. Any modifications to these Terms and Conditions, our Privacy Statement or any other policies such as additional terms or any other which we may post from time to time shall be deemed effective immediately. Upon any such change, Douroosi will provide the amended terms on the Site and may also attempt to notify you via electronic communication or notices. Douroosi encourages you to occasionally review the Site for updates, as they may involve important changes affecting your legal rights. You acknowledge and agree that your continued access to or use of the Site and/or Services after the effective date of any modifications to these Terms and Conditions, our Privacy Statement or any other policies constitutes your affirmative acceptance of the modifications. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS AND CONDITIONS, OUR PRIVACY STATEMENT OR THIS AGREEMENT, AFTER SUCH MODIFICATIONS, THEN YOU MUST STOP USING THE SITE AND/OR SERVICES.
Additional Terms: specific services may have additional terms and conditions, and/or policies that will further govern your use of that particular Service, and will supplement this Agreement. If you choose to register for, access or use any such Services, you may be introduced to additional terms. You acknowledge that by using such Services, you agree to comply with any such additional terms, which are incorporated by reference into this Agreement.
- Grant of License to Use
In consideration of your acceptance to comply with these Terms and Conditions, our Privacy Statement and this Agreement, Douroosi hereby grants to you a limited, non-exclusive, non-transferable license to:
- use the Site and/or Services for searching and scheduling tutoring sessions with Tutors to receive the desired tutoring services or any other features or Services as defined above;
- use any free Site update incorporating corrections of errors as may be provided by Douroosi from time to time;
- view, download and print any Douroosi Content for your personal and non-commercial purposes; and
- view any User-Generated Content for your personal and non-commercial purposes, without prejudice to any copyright, commercial or industrial rights, or patents owned by Douroosi.
Subject to the license granted to you, you acknowledge and agree that the license granted does not include and does not permit you to:
- use, copy, adapt, modify, reproduce, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, any Content, except as expressly permitted in this Agreement by Douroosi;
- attempt to gain unauthorized access to, impair or use any aspect of the Site and/or Services, including User accounts, in any manner that could damage, disable, overburden, hack or impair our servers, networks, related systems or interfere with any other party’s use and enjoyment of the Site and/or Services;
- License Granted by User
You represent and warrant that you have the right to grant Douroosi, its employees, officers, directors, agents and contractors a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty – free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit User-Generated Content only on, through or by means of the Site and/or Services and in accordance with our Privacy Statement. This license is non-exclusive, except you agree that Douroosi will have the exclusive right to practice this license to the extent of combining your User-Generated Content with the User-Generated Content of other Users for purposes of constructing or populating a searchable database of reviews and information related to the educational or tutoring field.
You acknowledge and agree that you are solely responsible for all User-Generated Content that you make available through the Site and/or Services. Accordingly, you represent and warrant that:
- you either are the sole and exclusive owner of all User-Generated Content that you make available through the Site and/or Service or you have all rights, licenses, consents and releases that are necessary to grant Douroosi the rights in such User-Generated Content, as contemplated under this Agreement;
- neither the User-Generated Content nor your posting, uploading, publication, submission or transmittal of the User-Generated Content or Douroosi’s use of the User-Generated Content (or any portion thereof) on, through or by means of the Site and/or Services will infringe, misappropriate or violate a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- You will be liable to Douroosi for any compensation as a result of your breach to your responsibilities and undertaking provided in these Terms.
- User Acknowledgements
Douroosi will take reasonable steps to ensure that Tutors only engage in the Services if they hold valid licenses or qualifications required by law to practice the specialty of the services offered by them. Douroosi reserves the right to exclude Tutors who have engaged in unprofessional or inappropriate conduct. However, Douroosi makes no representations or warranties about the education, qualifications, licensing or abilities of the Tutors listed on the Site. You acknowledge and agree that you are responsible for making your own investigation prior to selecting a Tutor either by contacting the Tutor directly or by contacting the competent licensing authorities to verify each of the listed Tutor’s credentials.
To assist you to in finding Tutors who may be suitable for your needs and enable a wide range of options and diversity of Tutors participating in the Services, Douroosi will provide you with list of names of Tutors. The results are based on information that you submit to us, such as geographical location, gender, subject area, or other criteria such as availability of Tutors, ratings, and previous selections by you or other Users. You acknowledge and agree that Douroosi (a) does not endorse any Tutor, (b) does not make any representations or warranties with respect to these Tutors or the quality of the services provided by them, However, we continually strive to improve the quality assurance of the tutoring sessions and (c) does not receive any additional fees from Tutors for featuring them.
No Student/Teacher Relationship
You acknowledge and agree that any Content or Services provided to you by your Tutor through the Site and/or Services, regardless of the nature of Content or Services, does not create a student/teacher relationship between you and Douroosi. Neither does it constitute any kind or form of tutoring services. Any Contents and Services provided to you by Douroosi is solely to assist you in finding and selecting the appropriate Tutors and to facilitate the process of receiving academic and educational related services from Tutors.
While we make reasonable efforts to provide you with accurate Content, we make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work. However, our stringent vetting process strives to ensure your receive expert tutors with the required qualifications and experience, price or cost information, or any other Content available through the Services. We shall not be liable to you or anyone else for any decision made or action taken by you in reliance on any such Content. If you rely on any Content, you do so solely at your own risk.
You hereby acknowledge and agree that the Content you obtain or receive from Douroosi, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All educational related information, including, without limitation, information shared via Douroosi Site, Douroosi social channels, Douroosi emails and SMS, and Douroosi advertising, comes from independent contractors (Tutors).
You acknowledge and agree that Douroosi reserves the right to change, condense or delete any Content, including User-Generated Content on the Site that Douroosi deems, in its sole discretion, to violate the any other provision of these Terms and Conditions, our Privacy Statement and this Agreement.
You acknowledge and agree that tutoring sessions are subject to availability, and we reserve the right to cancel all or part of a tutoring session and to discontinue making certain tutoring services available through our Services without prior notice.
- Responsibilities of Tutors
If you are a Tutor and you maintain an account with Douroosi for scheduling and conducting tutoring sessions to provide tutoring services and communicate with Users through the use of the Site and/or Services, you acknowledge and agree that:
- you will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a Tutor or prospective Tutor;
- you will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
- Obligations of the tutors contracted with Douroosi
- The Second Party acknowledges and undertakes that it will provide itself and its time for direct and audiovisual attendance (as per option) at all times specified for students through the platform designed to provide tutoring in the platform without any delay. And is committed to provide tutoring in the curricula and subjects as required by the students as agreed.
- The Second Party acknowledges that it has the knowledge, competence and expertise in its academic field and is qualified and authorized by the concerned parties to provide tutoring services to students and will protect the First Party from all kinds of claims and lawsuits for any losses or damages resulting therefrom.
- The Second Party acknowledges that it is not entitled to claim any financial, non-financial revenues or other benefits arising from the publication, disclosure or use of the Second Party’s data or any information resulting from the provision of tutoring or other Information and data obtained as a result of the execution of this Agreement. The Second Party also acknowledges that any financial or non-financial revenue is the exclusive right of the First Party.
- The Second Party shall not disclose the secrets of the First Party after the termination of the Agreement for a period of five years, at any place in (specifying the spatial scope)
- The Second Party acknowledges that it is obliged to bear the costs of any taxes imposed, including income tax under this Agreement, for which the First Party is not liable.
The primary objective of the Douroosi Disciplinary Procedure is to ensure that all disciplinary matters are dealt with promptly, fairly and consistently and, where there has been a breach of discipline, to encourage an improvement in individual conduct or performance.
Douroosi reserves the right to discipline or dismiss a tutor for Gross Misconduct without following the Disciplinary Procedure as set out in Appendix 1 of this Procedure
In all but a few straightforward cases Douroosi will first investigate all allegations of potential disciplinary offences to establish the facts before deciding whether to invoke the Disciplinary Procedure.
It may be necessary for Douroosi to suspend the tutor’s profile whilst an investigation is taking place. Any suspension will be kept as brief as possible. Suspension does not in itself constitute disciplinary action.
If Douroosi has decided to suspend a tutor following an allegation of abuse of, or harm to, the users, Douroosi will take steps to establish as quickly as possible, whether the allegations have some element of substance.
Where Douroosi believe the allegations have some element of substance, the Company will refer details of the allegation to any relevant governing body as outlined in the International Safeguarding Policy.
Where Douroosi decides to invoke the Disciplinary Procedure, it will write to inform the tutor that the Disciplinary procedure has begun. In the letter, Douroosi will set out the issues that will be considered, how seriously these are being viewed, the potential consequences and detail any intention to call witnesses.
Before a disciplinary action is imposed on the tutor, the tutor shall be informed in writing about allegation(s), investigated about the allegation(s), and shall have the right to challenge such allegation(s). The outcome of the investigation shall be kept in the tutor’s file. The tutor should be notified in any event of a decision being made to instigate disciplinary action. If the tutor refuses to accept and acknowledge receiving such notice, he/she shall be notified through registered mail to his/her designated address specified in their file.
Disciplinary actions that Douroosi may take against the tutor:
- Initial Warning.
- Final Warning.
- Tutor’s Demotion (tier ranking)
- Dismissal with Warning.
- Dismissal without Warning.
Initial warning shall be addressed to the tutor in order to notify him/her of the violation, misconduct, poor performance and not to repeat it within period to be specified in the warning in accordance with the misconduct committed by the tutor.
The final warning shall be addressed to the tutor if the period specified in the initial warning is terminated and the tutor continues the offence, or their performance does not improve.
Tutor’s Demotion (tier ranking)
The tutor rating is reduced after the end of the initial warning and final warning period without the tutor trying to improve his performance or behavior.
Dismissal with Warning
The tutor shall be dismissed after warning him/her that required corrective actions were not met according to initial warning and final warning and after imposing the disciplinary action against him/her.
Dismissal without Warning:
The tutor shall be dismissed without notice in the case of gross misconduct by the tutor for the first time it is appropriate. In the case of gross misconduct Douroosi shall immediately dismiss the tutor and suspend his/her/their profile from the platform.
Certain breaches of the disciplinary rules are so serious that they constitute gross misconduct which gives rise to summary dismissal (without warning).
The following represents some examples of conduct, serious cases or instances of which might lead to a tutor being immediately dismissed but this list is not exhaustive:
- Extreme violation of safety regulations, e.g. smoking in restricted areas, failure to report a serious accident/injury, etc.
- Not attending before the investigation committee for testimony.
- Intoxication from alcohol/non-prescribed drugs resulting in incapacity for work.
- Harassment or abuse of a student, tutor or Douroosi employee or partner
- Physical or verbal abuse or by any means of electronic communication to the staff of Douroosi during or because of work.
- Submit a malicious communication or complaint
- Transgressions under all Douroosi policies, Terms and Conditions such as discrimination, racial abuse etc.
- Dishonesty, theft, fraud or misuse of the Douroosi platform
- Obscene or indecent behaviour or sexual misconduct or the circulation of offensive material
- Accessing, downloading or using unauthorised images on the platform
- Serious misuse of the platform to promote illegal or unethical idealism
- Serious breach of confidentiality or misuse of information including disclosure of confidential/personal information or any unauthorised circumstances or to unauthorised persons.
- Dishonest or fraudulent use of the Douroosi name, time, facilities, services and/or suppliers for private use whether or not for financial gain.
- Providing false, inaccurate and/or misleading information about their personal profile, including qualifications and experience.
- Using a false identity, pseudonym and/or alias to misrepresent himself/herself, feigning his/her age, nationality identity and current or previous positions and qualifications.
- Conducting a lesson on behalf of another tutor.
- Asking a tutor to conduct a lesson on their behalf.
- Conducting a lesson in a public place.
- Conducting a lesson on a mobile device.
- Conducting a lesson when other people are visible and audible in the background.
- Deliberately, and erroneously reporting students as absent.
- Submitting fake or obsolete Speed test results.
- Submitting fake lesson notes when the lesson did not take place.
- Asking students for good feedback and a specific rating.
- Enticing students away from Douroosi to another teaching site, or private tutoring.
- Using language that could be construed as offensive, inflammatory or discriminatory.
- Subjecting the student to material and resources that is not age or culturally appropriate.
- Giving or receiving telephone numbers, addresses or other contact details, outside of the Douroosi platform.
- Taking of photographs of students without parental consent and only for the purpose of lesson content or tutoring.
- Posting about, commenting on, or befriending students on social media.
- Repeatedly contravening Douroosi Policies and Procedures.
As part of using our Services, you schedule and purchase one or more tutoring sessions. You agree that any tutoring sessions purchased through our Services must be scheduled and completed within one year of the purchase date, and that any tutoring sessions not scheduled or completed within one hundred and eighty (180) days of purchase are considered forfeit and you will not be subject to a refund. Any training sessions left incomplete after ninety (90) days from purchase date will be eligible for a merchant credit but ineligible for a refund.
Refund conditions in case of late or no show:
|Both student & Tutor are able to join the lesson up to 10 minutes earlier than the designated start time. The clock starts ticking when both parties are in the virtual classroom. This allows some flexibility for student and Tutor.|
|The tutor is able to join the 4 minutes later than the designated start time. But, must extend the lesson where possible. At 5 minutes the tutor will be a NO SHOW. Student refunded*||A Student is able to join 10 minutes later than the designated start time. Tutor extends the lesson at their discretion. After 10 minutes the student is a NO SHOW. Tutor paid in full.|
|The Tutor will be paid for a full session if the student is a NO SHOW. If the tutor does not attend a 1 Star rating will be applied and percentage of nonattendance will be visible to parents and students.||The student will be charged for full session if they do not attend or will receive a refund if the Tutor does not attend. Also, given the opportunity to leave feedback, and a 1 star rating, on the non-attending tutor. *|
*Repeat offences of no shows by tutors may result in a decrease in tier ranking and possibly disciplinary action
You will be responsible for all payments due in the Site for using any of the Services offered. To fulfil your due payments, you will be required to provide your credit card information or any other payment method accepted through the Site. You represent and warrant that you are authorized to use the designated payment method and that you authorize us, or our third-party payment partner, to charge you for the total amount of your transaction, which includes any applicable taxes and other charges. Douroosi reserves the right to cancel or suspend your transaction if the payment method cannot be verified, is invalid or not acceptable. You are responsible for any issues we face arising from your transaction with us. You further agree that the amount of any transaction may vary based on promotional offers, changes to your tutoring sessions or changes in applicable taxes or other charges, you authorize us, or our third-party payment partner to charge your payment method for the corresponding amount. In the event you want to change or update payment information associated with your Douroosi account, you can do so at any time by logging into your account and editing your payment information.
If at any time you encountered any misconduct or last minute cancellation by a Tutor, and if you are not satisfied with a Tutor or tutoring services as a result, please contact us within two (2) days of the date you completed your first tutoring session and we will investigate the matter. If we determine, based on our case by case analysis that you have been dissatisfied for reasons beyond your control, we will have your previously paid fees count as credit for future tutoring sessions of the same credit value that will show in your account for free.
Douroosi reserves the right to determine final prevailing pricing of any of the Services offered and the method of payment through the Site, and may adjust the price at any time for any reason or without reason, without providing any prior notice to you. All prices will be shown in U.S. Dollars, and will include additional taxes and other charges if applicable.
12.Intellectual Property Rights
You acknowledge and agree that all intellectual property rights in the Site and/or Services is the sole ownership of Douroosi. All and any copyright, patents, trademarks, trade names, trade secrets, logos, slogans, look and feel of our Site and/or Services, including page headers, custom graphics, button icons and scripts in the service mark, trademark and/or trade dress of Douroosi, in addition to any other proprietary rights contained on or in the Site and/or Services are owned by Douroosi. You acknowledge and agree that the rights in the Site and/or Services are licensed and not sold to you, and that you have no rights in, or to, the Site and/or Services other than the right to use the Site and/or Services in accordance with the terms of this Agreement. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate any propriety rights without the prior written consent of Douroosi. Nothing in these Terms and Conditions is intended to or shall convey to you any right or license in or to any Douroosi Content, unless specifically provided for herein. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Douroosi.
You acknowledge and agree that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Douroosi or the alleged infringer as the result of Douroosi’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Douroosi may provide links to the websites or content owned or operated by third parties or partners, such as those provided in promotional offers and advertisements. These links are provided solely as a convenience to you, and do not constitute an endorsement by Douroosi of the content of such third-party sites nor of the business practices of such other businesses, and in no event, shall Douroosi be responsible or liable for any information of such third-party content. You acknowledge and agree that Douroosi does not own or control any third-party content and makes no representation or warranties of any kind regarding the accuracy or completeness of third-party content, neither does Douroosi undertake any responsibility to update or review third-party content. You represent and warrant that your use of third-party information is at your own risk. You represent and warrant that your participation in promotional offers of third-party content or any business transactions related thereto is governed by other terms, conditions, representations and warranties associated with such transactions or promotional offers and is solely between you and such third-party owner. You acknowledge and agree that Douroosi shall not be responsible or liable for any loss or damage of any sort incurred as the result of the presence of such third-party on our Services.
14.Limitation of Liability
While we always attempt to improve our Services, and hope you have an exquisite experience with Douroosi, your sole and exclusive remedy for any dispute with us is the cancellation of your account, unless otherwise provided herein. In no event shall Douroosi be liable to you for any indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profits, loss of data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Site and/or Services, even if Douroosi has been advised of the possibility of such damages. Douroosi shall not be liable for any damages, liability or losses arising out of: a) your use of or reliance on the Site and/or Services or your inability to access or use the Site and/or Services; or b) any transaction or relationship between you and Tutors or any third-party provider, even if Douroosi has been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited in accordance herein to the maximum extent permitted by law.
Furthermore, Douroosi shall not be liable for delay or failure in performance resulting from causes beyond Douroosi’s reasonable control. You acknowledge and agree that Tutors may not be professionally licensed or permitted. In no event shall Douroosi’s total liability to you in connection with the Services for all damages, losses and causes of action exceed the fees of the Services. Douroosi’s Services may be used by you to schedule and receive tutoring sessions or any other part of the Services as defined above, but you agree that we shall not be liable for cancelled or otherwise unfulfilled tutoring session, or any injury resulting therefrom, or for any other injury resulting or arising from, or related to, the use of the Site and/or Services whatsoever. You further agree that Douroosi has no responsibility or liability to you related to any academic or educational tutoring services that you may receive from Tutors.
Douroosi is intended to facilitate receiving tutoring services from qualified personnel and enhance education at the comfort of your home. We want your experience with Douroosi to be exceptional. While we work hard to make that happen, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. To the maximum extent permitted by law, we hereby disclaim all such warranties. We do not guarantee that the results that may be obtained from the use of the Site and/or Services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Site and/or Services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by Users of the Site and/or Services or any other data or information provided or received through the Site and/or Services. Except as expressly provided herein, Douroosi makes no warranties about the information systems, software and functions made accessible through the Site or any other security associated with the transmission of sensitive information. Douroosi does not warrant that the Site and/or Services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Site, Services, software are free of computer viruses, contaminants or other harmful items.
You hereby agree to defend, indemnify and hold Douroosi, its employees, contractors, officers, directors, agents, parent companies and other affiliates, harmless from any and all claims, demands, losses, liabilities, and expenses, including attorneys’ fees, that arise from or are related to (a) your use of the Site and/or Services; b) your breach or violation of any of these Terms and Conditions and this Agreement; c) Douroosi’s use of your User-Generated Content; or d) your violation of the rights of any third-party, including third-party providers.
17.Release of Liability
To the fullest extent permitted by applicable law, you hereby agree to release Douroosi, its entities or affiliated companies from any and all claims, damages or liability of any kind whatsoever without limitation, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, related to the Site and/or Services, including (i) any disputes between you and a Tutor, and (ii) any third-party’s failure to comply with applicable law and/or failure to abide by these Terms and Conditions, and (iii) any conduct or speech, whether online or offline, of any other User.
18.Communications with Douroosi
Douroosi may, from time to time, send you electronic communications, either via email or by posting notices on our Site and/or Services. These communications may include notices about your account (e.g. password changes, payment authorization, transaction-related notification) or any other communication related to your use of the Site and/or Services. You consent to receive such communications as part of using the Site and/or Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements. You should maintain copies of electronic communications from us either in paper or in electronic form. Duoroosi may send you electronic communications of matters that may be of interest to you, such as promotional offers, surveys, newsletters, and other relevant information. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in these communications. However, please note that Douroosi will still send communications that are needed to provide Services to you, such as a response to a password or customer support request and that you cannot opt out of these communications.
Douroosi reserves the right, if it determines it is best, to terminate, suspend and/or deactivate your account immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your credentials. We may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period. Douroosi shall not be liable to you or any third-party for any termination, suspension or deactivation of your access to the Site and/or Services. Further, you agree not to attempt to use the Site and/or Services after any such termination, suspension or deactivation (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to create another account).
- User Deletion or Deactivation
(1) If you wish to terminate your access to the Services and deactivate or permanently delete your account, please send a written notice to Douroosi at email@example.com. Upon receiving your notice, we will make reasonable efforts to remove your User-Generated Content from its systems and/or disable any public access to such Content. (2) If at any time, you wish to terminate your access to the Services and deactivate or permanently delete your account, you may do so through the deactivation and/or deletion feature provided in the Site. Accordingly, we will make our best efforts to remove your User-Generated Content from its systems and/or disable any public access to such Content. However, due to the nature of the digital technology and the internet in general, you acknowledge and agree that not all information and data can be deleted or permanently deleted in the desired manner, as some items may continue to exist in cached or backup copies that are made during day-today operations. If you have chosen to deactivate your account, or requested us to deactivate your account for you, you acknowledge and agree that during the deactivation period, some information and data may still appear or exist in the Site or its system for any duration of time. You further acknowledge and agree that if your account remains deactivated for a period exceeding 60 days, we reserve the right to permanently delete your account in accordance with the termination provision in these Terms and conditions.
To create an account with us or use the Site and/or Services, you represent and warrant that you are 18 years of age or older. Those under the age of 18 may not use the Site and/or Services, unless under the supervision of a parents or legal guardians. By using the Site and/or Services of anyone under the age of 18, you represent and warrant that you are the parent or legal guardian of such person, and that all references in these Terms and Conditions to “you” shall refer to such person or such other individual on whose behalf you have authorization to enter into these Terms and Conditions and you in your capacity as the parent or legal guardian of such person or as the authorized party of such individual. If you do not qualify under these Terms and Conditions, you must not use the Site and/or Services.
By using the Site and/or Services, you represent and warrant that (a) you have the right, authority, and capacity to enter into these Terms and Conditions and in so doing will not violate any other agreement to which you are a party, (b) you have not been previously suspended or removed from our Services, or engaged in any activity that could result in suspension or removal from our Services, (c) if you are a Tutor, you will not offer tutoring services from more than one Douroosi account without our express permission.
Douroosi may give you notice relating to your account or the Services at the email address you provided when registering for your account in the Site, or any other notification means through the Site, such as alerts and reminders. Notices will be considered received and notified within 12 hours after the e-mail, notification, reminder or alert is sent.
Limitation of Claims
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (3) three months after the cause of action arose. Actions brought thereafter are forever barred.
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Site and/or Services, each of which are incorporated herein by reference, including the Privacy Statement, and additional terms, constitute the entire agreement between you and us and supersede all previous written or oral agreements.
If Douroosi fails, at any given time, to insist on strict performance of any of your obligations or representations under this Agreement, or if Douroosi fails to exercise any of the rights or remedies to which it is entitled under this Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Douroosi of any default shall not constitute a waiver of any subsequent default.
You may not assign, transfer or sublicense the terms of this Agreement in whole or in part to any person or third-party without Douroosi’s prior written approval and any attempt to do so in violation of this section shall be null and void. You give your approval to Douroosi for it to assign or transfer these terms in whole or in part, including to: a) a subsidiary or affiliate; b) an acquirer of Douroosi’s equity, business or assets; or c) a successor by merger.
If any of the terms of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
In the event of any termination of your account and these Terms and Conditions, whether by you or us, any provision of these Terms and Conditions that logically extends beyond such termination shall continue in full force and effect to the fullest extent necessary to enforce any rights obtained or obligations incurred hereunder.
Applicable Law and Disputes
This Agreement shall be governed by and construed in accordance with the laws and regulations applicable in Fujairah, United Arab Emirates. Any contractual and non-contractual disputes or claims that may arise between you and Douroosi under these Terms and Conditions or our Privacy Statement shall be submitted to the exclusive jurisdiction and venue of the Fujairah courts, with respect to any claims brought by either party.
Scope of Use and Language
The Site is administered in Fujairah, United Arab Emirates and is intended for Saudi Arabian, United Arab Emirates, Kuwait and Turkey Users. The Site is further administered to cover Tutors from Saudi Arabia, United Arab Emirates, Kuwait, Turkey, Jordan, Egypt, UK, US and Canada. Any use outside of the geographic region specified in this provision will be at the Users and/or Tutors own risk. All Users and Tutors are responsible for compliance with any local, state or federal laws applicable to their use of the Site and/or Services. Douroosi reserves the right, at any time and in its sole discretion, to launch the Site in any other new country, or otherwise withdraw or terminate the operation of this Site in any country, and these Terms and Conditions may be updated accordingly.
Douroosi provides this Site and/or Services in English language, and may, but is not obligated to, translate this Site and provide the Services in any other language. However, the English version governs your relationship with Douroosi, and any inconsistencies among the different versions will be resolved in favor of the English version.