Termes & conditions
1.Introduction
- ActivStudy is located at, Technohub 1, Dubai Silicon Oasis Dubai, UAE.
- OuiActive is an agent for the introduction of one or more instructors to the Client. OuiActive does not provide courses services. We are a platform agency and we are a party to this contract. You are referred to in this contract as ‘the Client’, and you are the other party to this contract. You agree to the purchase of courses services on behalf of ‘the Student’. ‘The Student’ may be yourself or another person. The Student is the person who receives the course’s service through sessions of courses. The Client agrees to these terms and conditions which relate to OuiActive’s introduction of an Instructor to you.
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If you, the Client, request Course with an Instructor introduced to you by OuiActive then you agree to abide by the Terms and Conditions stated below:
2.Definitions and Interpretation
Client: The party requesting Course. This is assumed to be the individual who initially contacts OuiActive unless otherwise stated
Lesson: A period of time during which the Instructor promises to engage in lesson for the Client, for which the Client promises to pay the Instructor.
Course: Any service supplied by an Instructor which has been requested by the Client. Course Fee: Amount charged for Course during a lesson.
Instructor: The party offering Course for which payment is expected in return.
3. Contractual Relationship
OuiActive provides introductions of Instructors to Clients and vice versa; OuiActive is an agent for the Instructor. It also collects fees from the Client on behalf of the Instructor together with its own fee relating to its administration and introduction commission. The hourly rate for the course includes the instructor’s fees and OuiActive’s own fee.
4. Agreement with the Instructor for the provision of courses services
- An Instructor will be deemed to have been introduced to the Client by OuiActive in the event that either the name of the Instructor is provided to the Client by OuiActive following the request for an Instructor by the Client, or OuiActive arranges for an Instructor to contact the Client following such request for an Instructor provided by the client to OuiActive.
- By booking a Session with the Instructor, the Client agrees to be bound by these Terms and Conditions and by the terms and conditions which govern their relationship with the Instructor.
- The Instructor is self-employed and engaged by the Client to provide course to the Student. Clients should be aware that the Instructor does not have the power to bind OuiActive in any way.
5. Payment
a. Fees and charges
- The “Monthly Plan” or “Recurring Payment” means the ActivStudy monthly course fee corresponding to the purchased course option (weekly support, excellence), and determined by the course type and course term at the point of joining.
- The monthly course fee or Monthly Plan is due each month in full, upfront, in advance and with the exception of cancellations under the terms detailed below, no partial refund of the monthly course fee will be made unless you are cancelling under cooling-off regulations detailed below.
- The first Monthly Plan are collected from you by us either by Debit or Credit card at time of purchase at the same time as you start your lesson.
- Your second Monthly Plan will be collected one month after you joined unless you joined prior to your classes opening in which case it will be collected one month after the classes has opened. Subsequent Monthly Plans for monthly course fees will be collected monthly thereafter.
- If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your course. If you are ever over 30 days in arrears on a missed monthly payment and you are on a Fixed Term course, then we reserve the right to bill you immediately after the 30 day grace period for the remaining contract value without any prior notification
- You are obligated to make the minimum number of Monthly Plans stated in your choice of course. You are obligated to make every Recurring Payment regardless of non-attendance, except where the cancellation terms below are met.
- The date of your Monthly Plan is likely the first of every month
- Once you have completed the minimum number of Monthly Plans as stated in your course choice we will automatically continue collecting Monthly Plans every month. Your course will be extended by one month for each payment (“Renewal Period”)
- If you have fulfilled your commitment to the course you have joined, you may prevent the Automatic Renewal Period at any time by visiting the ActivStudy reception and submitting a cancellation request. (A minimum of 30 days notice is required).
- You agree to advise us immediately of any change to the Members Details provided.
- All credit/debit cards’ details and personally identifiable information will NOT be stored, sold, shared, rented, or leased to any third parties.
- ActivStudy will not pass any debit/credit card details to third parties
- ActivStudy takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, (ActivStudy) cannot guarantee the security of any information that is disclosed online
- ActivStudy is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.
- The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Customers’ are encouraged to frequently visit these sections to be updated about the changes on the website. Modifications will be effective on the day they are posted.
- From time to time we may need to increase the price of your course. We will give you at least 1 full months’ notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your course will cost after the increase. During this period you will have your usual right to terminate your course in accordance with the course terms and conditions and rules.
b. payment method
7.Reimbursement – first Lesson
If at the end of the first Lesson (and only the first Lesson), the Client is not satisfied with the Instructor, OuiActive will pay back the rate of the Lesson and we will offer to the Client a supplying teacher according to the following procedure.
The Client has to email OuiActive, within the 48 hours after the first Lesson and indicates the reasons why he is dissatisfied.
After the deadline of 48 hours, OuiActive won’t reimburse the Client or offer the services of another teacher.
8. Replacements and Termination
- If the Instructor is unable to complete the Course, or the Client requests a replacement Instructor because they are not satisfied with the original Instructor assigned to them, OuiActive will endeavor to find up to two suitable replacement Instructors with regard to the level and subject for which course is required.
- If OuiActive is unable to find such a suitable replacement Instructor within a reasonable time to complete the remaining Sessions of the Course, OuiActive will refund a portion of the fees pre-paid by the Client representing the number of sessions that the Instructor or any replacement Instructor has been unable to complete.
- If the replacement Instructors meet OuiActive’s criteria for suitability for the job in terms of subject and level knowledge and is available at the same time or another time convenient for the Client, then OuiActive has fulfilled its obligations; if the Client then wishes to terminate the mid-Course,
- If the Client wishes to terminate the mid-Course for any reason, no refunds can be granted for the balance of sessions that have been taught; furthermore, one week’s notice must be provided. In that week the Client may choose to utilize the Session or Sessions that were planned to occur during that week, or not, but will not be refunded if the Client chooses not to utilize the Session or Sessions during that week. OuiActive will refund all monies prepaid excluding fees for the sessions that have already been taught and those fees for the week following the notification of Termination.
9. Prohibition of other Arrangements
- The Client will not agree on any alternative fees with the Instructor and agrees not to render any direct payments to the Instructor.
- The Client is not permitted to enter into any private arrangements with any Instructor introduced by OuiActive. The Client undertakes to make all bookings with Instructors introduced by OuiActive exclusively through OuiActive.
- A breach of these terms will render the Client liable to account to OuiActive for all sums received by the Instructor direct from the Client or from a new Client without deduction and OuiActive shall be entitled to seek injunctions against the Client to prevent further breaches. These obligations continue beyond the termination or conclusion of this agreement.
- Should you wish to recommend one of OuiActive’s Instructors to any other Potential or Actual Client, that Client must contact OuiActive to make a booking through the agency?
10. Privacy Policy
- a. All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
- b. The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore the Customers’ are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.
- c. Some of the advertisements you see on the Site are selected and delivered by third parties, such as ad networks, advertising agencies, advertisers, and audience segment providers. These third parties may collect information about you and your online activities, either on the Site or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to you advertisements that are tailored to your interests. Please remember that we do not have access to, or control over, the information these third parties may collect. The information practices of these third parties are not covered by this privacy policy.
11. Disputes
a. Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
b. United Arab of Emirates is our country of domicile.
c. Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
d. If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
e. The cardholder must retain a copy of transaction records and Merchant policies and rules.
12. Method of Payment
We accepat payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currency).
a. Delivery/Shipment Policy:
– OuiActive will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE”.
– Multiple shipments/delivery may result in multiple postings to the cardholder’s monthly statement.
b. Refund & Cancellation
Refunds will be done only through the Original Mode of Payment