Please read through these Terms carefully. By accessing the edarabia web site at www.edarabia.com (“the Site”) or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with The International Quality Education Association (“edarabia”) and to have agreed to be bound by the terms set out below. The Site is owned and operated by edarabia.
These terms were last updated on 23 September 2005.
1. Intellectual property protection
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the “edarabia Content”), are copyright of edarabia and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as “edarabia” name and logo or other trade names appearing on the Site) for any reason without written permission from edarabia. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
2. Use of edarabia content
You may retrieve and display the edarabia Content on a computer screen or (if expressly authorized) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from edarabia:
Any use of edarabia Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to edarabia.com, or submitted using the feedback form on the Contact page.
3. License fee, payment, and transactions
Access to certain edarabia Content may be subject to a fee. All payments (including applicable taxes) must be made in advance in US Dollars or other currency specified by edarabia. You are responsible for the payment of all charges associated with the use of the Site using your ID.
If your use of the Site is terminated by edarabia, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination.
You may use the Site to purchase products or services from edarabia’s third party partners. In that event, your contract for such products will be with the third party partner and not with edarabia.
Refunds can only be made to the credit/debit/charge card that was used for the original purchase. All refunds are at the discretion of edarabia.
4. Term and termination
edarabia may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use edarabia Content) with or without cause by delivering notice to you.
The rights of termination are in addition to all other rights or remedies of edarabia provided in these Terms or by law.
5. Changes to the site
edarabia reserves the right, in its discretion, to suspend, change, modify, add or remove portions of edarabia Content available on the Site at any time and to restrict the use and accessibility of the Site.
6. Registration, passwords and responsibilities
Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to edarabia Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify edarabia if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorized use of a sign-on password, I.D., user name, or of edarabia Content or the Site. You will provide edarabia with accurate, complete registration information (including in particular your e-mail address) and inform edarabia of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, edarabia reserves the right to monitor and record activity on the Site, including access to edarabia Content.
Each registration is for a single user only. You may not share your user name and password with any other person. edarabia does not permit access through a single name and password being made available to multiple users on a network. edarabia may cancel or suspend your access to the Site if you do this without further obligation to you.
8. Community forums
The Site may include bulletin boards, discussion groups and other public areas that allow feedback to edarabia and interaction between users and edarabia representatives (“Forums”). While edarabia does not control the information/materials posted to Forums by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by edarabia on a Forum. You may not:
By submitting Messages to any Forum you agree to indemnify and hold harmless edarabia from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 8.
The Forums contain Messages submitted by users over whom edarabia has no control. edarabia cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.
By submitting Message to a Forum you are granting edarabia perpetual royalty free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. edarabia reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for edarabia to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify edarabia immediately by means of the feedback form.
9. No warranty, disclaimer of liability and indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Site, edarabia makes no warranty, express or implied concerning edarabia Content, the Site, software or products or services available through the Site (the “Site Services”), which are provided “as is”. edarabia expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will edarabia, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if edarabia has been advised of the possibility that such damages may arise. edarabia does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties.
In no event will any liability of edarabia, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by edarabia exceed the amount, if any, paid by you to edarabia in respect of the particular Site Service to which the claim relates.
Upon edarabia’s request, you agree to defend, indemnify and hold harmless edarabia from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
10. Force majeure
edarabia, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of edarabia Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Changes to these Terms. edarabia may, in its discretion, change these Terms (including those relating to your use of Site and/or edarabia Content). When Terms are changed, edarabia will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after edarabia has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain edarabia Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. edarabia is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. edarabia is not responsible for the availability of these web sites or their contents.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by edarabia.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to edarabia must be given in writing by letter and sent to edarabia’s last known place of business (for the attention of the Chief Commissioning Officer).
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.