Hereby KESMATY L.L.C-FZ registered in UAE, Dubai, Meydan Free Zone, publicly offers to conclude a contract on the terms and conditions set forth below to any person who desires to receive the services (hereinafter, the "User"). Payments are processed by JM Financial Brokerage Services Co, a payment agent (Company No. 355893).
This public offer shall be deemed accepted if certain registration actions are made on the website deveducation.com (hereinafter, the "Website") when the User explicitly indicates his/her personal data or such data is transmitted automatically from third-party services (Social Media, Messengers, Telecom Operators, etc.).
By accepting this offer, the User acknowledges a technical possibility to use a chosen type of Information Materials.
Registration actions may be made in the form of:
- Filling in the form on the Website page containing personal data (first name, last name, telephone number, email address, etc.).
- Joining the Service's community on Social Media (Facebook, Instagram) (leaving "like" on the community page, "subscribing" to the community or accepting an invitation to join the community).
- Filling in the form on the Website page embedded in the Social Media within the Service community.
- Sending a message to the Service community on the Social Media or commenting on any other message in the community.
- Connecting, adding to the contact list or starting an automatic contact of the Service ("bot") in the Messenger (Telegram, Viber, WhatsApp, Facebook Messenger, Instagram).
Sending a message to a Service contact (including a "bot" and by a telephone number) using the Messenger.
- Sending an email to the Service's email addresses.
- Making a telephone call to the Service's telephone numbers.
- Sending SMS to the Service's telephone numbers.
By accepting this public offer, the person who intends to obtain information on the Website and/or gain the access to fee-based or free services of the Service and/or perform any other actions on the Website understands and acknowledges that:
- The content of the public offer is clear, and the User has no questions for the time being.
- Personal data can be processed if it is necessary for the performance of a contract to which a personal data subject is a party. Acceptance of this public offer shall mean the consent to processing of personal data of a person who desires to receive the Services.
- The Service shall have the right to send promotional notifications to a user registered on the Service with the use of contact information (personal data explicitly specified by the User during the registration or other use of the Service, as well as with the use of data automatically received from third-party services (Social Madia, Messengers, Telecom Operators).
Promotional messages may be delivered by/through:
1. Emails;
2. SMS;
3. Messengers;
4. Social Media;
5. Telephone calls, including automatic ones.
- The Service shall have the right to send not only its own promotional materials about its services and offers but send also promotional materials of its partners, i.e. legal entities, individual entrepreneurs, self-employed citizens and individuals who cooperate with the Service.
All matters not regulated by this public offer shall be resolved in accordance with the applicable laws.
Agreement on Rendering Online School Services
(Term Sheet)
1. Terms and Definitions
1.1. "Online School" shall mean a service for providing information through the Internet posted on the Service.
1.2. "Service" shall mean the Internet site and other technical means that ensure the functioning of the Online School.
1.3. "Online Course" shall mean an informational work, including audiovisual one, specially created for its display on the Internet and consisting of a certain number of the Lessons.
1.4. "Lesson" shall mean a part of the Online Course that logically combines a part of the Online Course information and, if necessary, contains requirements (assignments) that restrict the access to the subsequent Lessons or impose other restrictions on the possibility of Online Course Taking.
1.5. "Online Course Taking" shall mean a process of consuming the Online Course information aimed at obtaining information, knowledge or skills contained in the Online Course and includes completion of mandatory or optional assignments from the lessons.
1.6. "Student" or the "User" shall mean an individual who has accepted the public offer to be able to use all the services and all the information presented on the Website.
1.7. "Student's Account" shall mean a personal area of the Student on the Service. The Student's Account is personalized.
1.8. "Teacher" shall mean a person who renders the services of information provision and/or examination of the Students' Answers on the Service.
1.9. “Student Answer” shall mean an assignment completed by the Student which the Student provides to the Teacher for examination. The examination can be performed by the Teacher or in automatic mode. After the examination, the Answer may be rejected which is considered as a failure to complete the Assignment and may impose a restriction on the Online Course Taking.
1.10. “Stop Lesson” shall mean a lesson that restricts the Student's access to subsequent lessons until the Student meets the requirements of the Stop Lesson.
1.11. "Webinar" shall mean an interactive online event with the participation of the Online Course Teacher or a recording of this event
1.12. "Service Administrator" shall mean a person who initiates the offer, provides the access to the Online Courses and/or Webinars and exercises control over the actions of the Students.
1.13. "Terms of Online Course Taking" shall mean a set of requirements and restrictions determined by the Service Administrator which contains the terms for getting the access to the Online Course by the Student and the opportunities provided to the Student when taking the Online Course. Different requirements may be set and different opportunities may be provided to different Students.
2. Subject of the Agreement
2.1. The subject of this Agreement is rendering the following services:
- providing the access to the Online Courses for obtaining of information by the Students;
- providing the access to the Webinars;
- examining a Student's Answer to check whether a Student fulfilled the assignment correctly. The service of examining a Student Answer is provided if it is stipulated by a relevant Online Course and the Terms of Online Course Taking.
3. Service Terms
3.1. The access to the Online Course shall be provided as follows:
- The access to the Online Course is provided in the Student's Account. The User receives the access to a chosen Online Course "as is", and the Service Administrator shall not make any warranty or bear any liability if the service is not consistent with specific goals and/or expectations of the User (including the content relevance).
- The access to the Online Course may be provided for a definite period determined by the Terms of Online Course Taking.
- The Service Administrator shall have the right to change the Online Course access period.
- The Online Course may contain one or more Stop Lessons. The number of Stop Lessons shall be determined by the Service Administrator.
- If the Student failed to comply with the requirements of the Stop Lesson or other requirements of the Terms of Online Course Taking, the access to subsequent lessons of the Online Course shall not be provided to the Student until the necessary requirements are met, within the Online Course access period and in accordance with the Terms of Online Course Taking.
3.2. Upon the agreement with the Service Administrator, the Student may be allowed to extend access to the Online Course if the Student failed to take the Online Course within the established period.
3.3. The access to the Webinars shall be provided as follows:
- The Webinars are conducted via livestream or using a recording, including simulation of actions of the Teacher and other viewers. The procedure for obtaining the access to the Webinar shall be determined by the Service Administrator.
- Upon completion of the Webinar, the Students may be provided with a recording of the Webinar. The procedure for obtaining the access to a recording of the Webinar shall be determined by the Service Administrator.
- If technically possible, the Service Administrator will provide the Student with a special form (chat) to communicate with the Teacher during the Webinar.
4. Cost of the services and payment terms
4.1. The payment of the Online Course and/or Webinar shall mean that the Student read, understood and agrees with the information about the Online Course and/or Webinar presented on the Services, intends to take the Online Course or listen to the Webinar.
4.2. The services shall be paid through payment systems, information about which is available on the Service.
4.3. Upon selection of the Online Course and/or Webinar, an invoice will be generated in the Student's Account. The Service may duplicate the invoice to the Student's email or by other means using the User's contact details.
4.4. The invoice shall be paid by the Student within three (3) business days upon its receipt unless other term is specified in the invoice or in the Student's Account.
4.5. In case of a delay in payment, the Student will not be provided with the access to the Online Course and/or Webinar.
4.6. A partial payment of the invoice and the application of the service terms in case of a partial payment are allowed by the decision of the Service Administrator.
4.7. The Service may provide additional services related to the Online School. Detailed information about the service, its cost, timing and other material information shall be specified on the Service. The payment of such additional services shall mean that the Student agrees to all information about the services provided by the Service. Any provisions about the Online Courses or Webinars apply to the additional services unless information about the additional services specify otherwise.
5. Liability
5.1. The Student shall be liable for the inconsistency of the information specified by him/her during registration and is aware of the risk of adverse consequences associated with that. The Service Administrator does not verify the accuracy of the data provided by the Student.
5.2. The Student shall be liable for the placement of intellectual property items such as photos, pictures, drawings, articles, logos and other legally protected items, on the Service. If any third party submits a claim to the Service Administrator with respect to any of such items, the liability for its resolution is borne by the Student. If the Service Administrator suffers damages as a result of a claim for right protection, the Student shall reimburse such damages within one month from its submission.
5.3. The Student shall be liable for copying and further distributing all or a part of the Online Course and/or Webinar and/or other audiovisual information provided by the Service. The Service Administrator upon detection of any violation specified in this clause shall have the right to block the Student's Account (and suspend rendering the services) presenting a relative claim, as well as to apply to a judicial authority for the protection of its and recover damages or compensation from the Student. If it is established that the Student is a participant and/or distributor of the Online Course (including a part thereof) on the services for joint purchases of information products (pooling), the Student shall have to pay a fine of USD 15,316.00 (Fifteen thousand three hundred and sixteen) to the Service Administrator. If it is established that the Student is a distributor of the Online Course (including a part thereof) on other resources that cannot be defined as the "service for joint purchases of information products", the Student shall have to pay a fine of USD 7,658.00 (Seven thousand six hundred and fifty-eight) for full disclosure and USD 459.00 (Four hundred and fifty-nine) for each partial disclosure to the Service Administrator.
5.4. The Student shall be liable for providing an access to his/her Account to third parties. If it is established that the Student provided an access to third parties, the Student shall pay a fine in the amount of USD 4,594.00 (Four thousand five hundred and ninety-four) for each violation to the Service Administrator.
6. Refusal from the Service
6.1. If the Student paid for the Online Course or other service but later decided not to take the Online Course or not use any other fee-based service, the Student shall notify the Service Administrator of that by sending a notice via the feedback means specified on the Service within seven days from the payment date.
6.2. Payments under USD 100 are not refundable. For payments above USD 100, funds that are returned to the Student will be remitted less USD 50 for the platform use and fees of the payment systems through which the Student paid for the services. The refunding is possible only if the Student refused from the Service within seven days from the payment date.
6.3. The Student has to attach his/her proof of identity (ID, passport, driving license) to the notice of refusal from the Service for the refund to be approved by the Company.
6.4. Funds will be returned to the Student within 45 business days from the day of the Company's approval of the refund.
6.5. Refunds are made by the same method and to the same requisites that were used by the Student when paying for services.
7. Special Terms and Conditions
7.1. The Service may use the Students' Answers in any way, without any restrictions.
7.2. The Online Course may be replaced at the Student's request only upon agreement of the Service Administrator and where practicable, e.g. if there are available places on the Online Course.
8. Final Provisions
8.1. This Agreement shall be valid for an indefinite term.
8.2. The Parties agree to apply the pre-trial dispute resolution procedure.
8.3. The claim addressed to the Service shall be sent to the e-mail address specified on the Service, indicating "Matter of dispute" in the subject line. The Service Administrator will send the claim to the Student's email address specified by the Student at the time of registration.
8.4. If the agreement on a matter of dispute is not reached within thirty-five (35) days from the receipt of the claim by the Service or the Student, an interested party shall have the right to apply to the judicial authority of the United Arab Emirates, Dubai.
8.5. The Service shall not be liable for any failure in telecommunications and energy networks or any failure in the equipment that ensure the Service operation; actions of malicious programs that entailed the termination or suspension of the Internet in the enire network involved in the performance of this Agreement or a part thereof; wrongful acts of third parties aimed at receiving an unauthorized access and/or disabling the Service.
8.6. This Agreement may be amended by the Service Administrator at any time. Consequently, the User shall check the relevance of this Agreement weekly and carefully read all published changes.
8.7. The Service Administrator will take all necessary measures to notify the User in advance about any change in this Agreement, e.g. by sending informational messages to the e-mail addresses specified during the registration. Although, the User's obligation to regularly review this Agreement is a priority, and the Student may not make a claim against the Service Administration about his/her disagreement with a change on the grounds of a failure to receive a relevant notice.
8.8. The Service does not bear any responsibility for the retrieval by a search robot of any search engine of the Student's photograph, in case the Student has posted his/her photograph in his/her Account.
8.9. The legal relations arising in connection with the performance of this public offer are governed by the legislation of the United Arab Emirates (UAE).