Terms and Conditions
This agreement applies as between you, the User of this Website and HER Digital Academy, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that HER Digital Academy makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the HER Digital Academy proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at Sharjah Technology Research & Innovation Park;
"System": means any online communications infrastructure that HER Digital Academy makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by HER Digital Academy and acting in the course of their employment;
"Website": means the website that you are currently using https://herdigitalacademy.com/ and any sub-domains of this site https://www.herdigitalacademy.tech unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means HER Digital Academy, a company incorporated in UAE & Canada.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
4. Intellectual Property
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of HER Digital Academy, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable UAE & Canada and International intellectual property and other laws.
- 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
5. Third Party Intellectual Property
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of HER Digital Academy or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.yourschool.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact us by email at firstname.lastname@example.org
9. Use of Communications Facilities
- 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You must not submit Content that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of HER Digital Academy or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that HER Digital Academy reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that HER Digital Academy may retain copies of any and all communications made to us or using Our System.
- 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required; and
- 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
- 11.1 A party may terminate this Agreement for cause (a) immediately if the
other party has failed to cure a material breach within thirty (30) days
of receiving written notice of that material breach from the other
party; or (b) immediately if the other party becomes the subject of a
petition in bankruptcy or any other proceeding relating to insolvency,
receivership, liquidation, or assignment for the benefit of creditors.
Upon termination of this Agreement for any reason: (a) HER may terminate the Services immediately; and (b) Customer will pay all unpaid amounts owed to HER. If Customer terminates this Agreement due to an uncured material breach on the part of HER, in accordance with this Section, HER will refund any fees Customer paid in advance for the Services applicable to the period after termination. If HER terminates this Agreement due to an uncured material breach on the part of Customer, in accordance with this Section, then Customer will pay any unpaid fees related to an Receipt. In no event will termination of this Agreement relieve Customer of your obligation to pay any amounts payable to HER for the period prior to the date of termination.
- 11.2 Indemnification. Each party shall indemnify, defend, and hold harmless the other party and its officers, directors, participants, agents, successors, and assigns (collectively, the “Indemnified party”) against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers (“Losses”) arising out of or resulting from any third-party claim, suit, action, or proceeding related to or arising out of or resulting from its: (i) material breach of any representation, warranty, covenant, or obligation under this Agreement; (ii) gross negligence, willful misconduct, or fraud in connection with the performance of its obligations under this Agreement; and (iii) breach of its obligations under Section 2 (Intellectual Property) or Section 3 (Confidentiality); provided, however, that neither party is obligated to indemnify or defend the other party against any Losses arising out of or resulting from the other party’s (a) willful, reckless, or fraudulent acts or omissions; or (b) bad faith failure to materially comply with any of its obligations set forth in this Agreement.
12. Services, Pricing and Availability
- 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from HER Digital Acedemy correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
- 12.2 Where appropriate, you may be required to select the required Plan of Services.
- 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
13. Orders and Provision of Services
- 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between HER Digital Academy and you.
- 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
- 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 13.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 13.2.3 Relevant times and dates for the provision of the Services;
- 13.2.4 User credentials and relevant information for accessing those services.
- 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
- 13.6 HER Digital Academy shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- 13.8 HER Digital Academy provides technical support via our online support forum and/or phone. HER Digital Academy makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
14. Cancellation of Orders and Services
We want you to be completely satisfied with the Products or Services you order from HER Digital Academy. If you need to speak to us about your Order, then please contact customer care by email at email@example.com . You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
- 14.1 If you need to cancel your course participation, please email firstname.lastname@example.org as soon as possible. Full refund is available less $150 USD cancellation fee 14 days prior to the course start date. Np other refund is available. HER reserves the right to change its refund policy at any time, however will honor the refund policy in effect at the time of your purchase.
16. How We Use Your Personal Information (Data Protection)
- 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- 16.2 We may use your personal information to:
- 16.2.1 Provide Our Services to you;
- 16.2.2 Process your payment for the Services; and
- 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
- 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
- 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
18. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
- 19.1 The Website is provided “as is” and on an “as available” basis. HER Digital Academy uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 Liability; Warranties. With the exception of the
parties’ (i) confidentiality obligations, (ii) indemnification
obligations, (iii) infringement or misappropriation of intellectual
property, and (iv) gross negligence or willful misconduct, (a) neither
party will be liable to the other for any incidental, punitive,
indirect, or consequential damages related to or in connection with this
Agreement, even if advised of the possibility of such damages; and (b)
each party’s maximum aggregate liability to the other related to or in
connection with this agreement will be limited to the total amount paid
by Customer to HER during the 12 months immediately preceding the claim
giving rise to such liability.
Each of HER and Customer represents and warrants that (a) it has the
power and authority to enter into this Agreement and to perform its
obligations and duties under this Agreement; and (b) it will perform its
obligations and duties and exercise its rights under this Agreement in
compliance with all laws applicable to it.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
No Assignment; Transfer. Neither party may assign or transfer this Agreement without the written consent of the other party. Customer understands that the license granted herein is intended for use by a single person only and may not be used, lent, or transfered by any third parties. Violations of this Section 7 could include HER terminating the Customer’s access and a requirement by Customer to pay HER for any fees for such overuse.
- 24.1 Notices; Amendments & Communication. Any notice will be effective
upon receipt and must be given in writing and delivered to the other
party at the address, email, and/or contact information contained in its
Receipt, or, in the absence of such information, to the address of its
principal place of business. HER may change any part of this Agreement (including any terms or
documents incorporated by reference in this Agreement) at any time by
posting the revised terms on a HER website. It is important for you to
review this Agreement before using our Services and from time to time
thereafter. The updated Agreement will be effective as of the time of
posting, or on such later date as may be specified in the updated
Agreement, and your continued use of the Services after any such changes
are effective will constitute your consent to such changes. Except for
changes made by us as described here, no other amendment or modification
of this Agreement will be effective unless set forth: (a) in an Receipt
or other document issued by HER and signed by You; or (b) in an
agreement signed or otherwise agreed in writing by both You and HER.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and HER Digital Academy shall be governed by and construed in accordance with the Law of UAE and HER Digital Academy and you agree to submit to the exclusive jurisdiction of UAE.