General Terms
1- Definitions
“We, "Our", "Us", or “Elite-mind ” mean the owner company of Elite-mind Academy’s Website and its “Services.
"Services" mean Elite-mind academy’s software, website, or any other services (collectively, our "Services").
“You” means the person participating via Elite-mind services as a student, an instructor (both collectively "Users"), the company you represent, and the company that registered you (collectively "You").
2- Binding Agreement
2-1 These terms of service "Terms" bind You to the terms and conditions set forth herein in connection with your use of our Services. By using any of the Elite-mind Services or clicking on the "Sign Up" button, You agree to become bound by all the sections of the Terms. If You do not agree to all these terms, do not use the Elite-mind services.
2-2 These Terms and any updates or policies posted on Our Services constitute the entire agreement between We and You with respect to using Our Services and supersede all previous agreements between We and You, if any.
2-3 You agree and understand that the English version of this Terms will control if there is any conflict. Versions of these terms, if provided, in other language is provided for convenience.
2-4 You further agree to comply with all applicable laws, including, without limitations, transmission of technical data, copyright and other intellectual property use, local laws in your country that consider the content is illegal and/or prohibited, and the laws for countries of third party platforms.
2-5 If any provision of these Terms or other policies posted through Our Service is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms or the other policies.
2-6 Waiving of any provision of these Terms may only be allowed in writing. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
3- Legal Capacity
3-1 You assert that You are over the age of 18. If You are not over 18, You assert that You will only use the Services with the involvement, supervision, and approval of a parent or legal guardian. You will not impersonate another person or gain unauthorized access.
3-2 Multiple accounts for one User are not permitted. In such case, We will deem it as a violation of impersonating another person or gaining unauthorized access. The breach clause will apply.
4- The Service
4-1 Our services enable students "Students" to join recorded training courses and learning services “Courses” provided by independent instructors "Instructors". Our Services are only a marketplace for Students and Instructors (both collectively "Users"). Your access to Our website and using Our Service is Your responsibility. You will only access the Services for legal purposes. You are solely responsible to be aware and to adhere to all the laws, rules, and regulations pertaining to using of the Services. You are solely responsible for any costs and/or fees to access and/or use our Service, including, without limitation, telephony, data charges, obtaining and maintaining computer software and/or hardware, and other equipment required for such access and use.
4-2 Payments. Your election to access Our Services that involve payment of a fee, then You agree to pay that fee and all taxes associated with such access or use. Using any type of credit card for payment of fees for Our Services authorizes Elite-mind to charge your credit card to pay the fees for those services at any time as they are due. If Your payment method fails or your account is past due, then we may collect fees owed using other collection methods and/or cancel that service. We may also prevent Your access to any services pending resolution of any amounts due by You to Elite-mind .
5- Using the Services
5-1 In order to use any of Our Services, You will need to register (Sign Up) and obtain an account and password. You are solely responsible for maintaining the confidentiality of your password and for all activities associated with or occurring under Your account. You warrant that your account information is accurate. It’s not permissible to disclose Your account to any other person and You are not allowed to use anyone else's account. In case You have registered another individual using Your account, including a minor, You are fully responsible for their use of the Services and any further consequences. If You have encountered unauthorized use of Your account, You have to notify Us immediately. It’s Your responsibility to log out of Your account at the end of each use of the Services. We will not be responsible for any loss or any damage arising from Your failure to keep the security and confidentiality of Your account, either with or without your knowledge.
5-2 We are not responsible or liable for any interactions involved between the Users. We are not responsible for any type of damage that might arise out of or relate to conduct of Users. You are not allowed to use Our Services for purposes other than what we defined in the service section. Those impermissible purposes include, without limitations, recruitment, solicitation, employment, or contracting. You will not post, send, provide, or transmit any advertising, promotions, spam, or any other form of solicitation through the Services. You will not post, send, provide, or transmit any inappropriate, racist, offensive, sexist, pornographic, hateful, misleading, incorrect content or information.
5-3 You will not copy, download, reproduce, hack, distribute, or publicly display the content of the website. You may only download the files attached with the courses if it is permitted on the website. You will not frame or embed the Services for circumvention. You will not introduce any virus, worm, spyware or any code, file or program that may damage the operation of any hardware, software or equipment.
5-4 We do not control the content posted on the Services and do not guarantee in any manner the reliability and validity of such submitted content. We have no liability for Your use of any submitted content. Since We don’t screen the published content on the website, You agree that You are liable for any harms or damages influencing You, Your health, or Your safety that may arise in relation to the content. The Services may give you access to links to third party platforms. We recommends that You do not open any of these third party platforms as We do not control them in any manner. We are not liable for any damage related to those third party platforms.
5-5 Nothing in these Terms shall be illustrated as making the User of Our Services a partner, joint venture, agent, legal representative, employer, contractor or employee for US.
5-6 We reserve Our right to deactivate or delete your account in case that You do not obey with the Terms.
6- Content Licenses, Permissions, and Trademarks
6-1 All the components of Our content including the software, code, designs, graphics, materials, information, technology, illustrations, videos, quizzes, photos, icons, images, logos, brands, instructors’ uploads, and any other contents data at the website or Our Services are copyrightable.
6-2 When You upload or submit any type of content to the website, You hereby confirm that You have all licenses, rights, and all required permissions with respect to Your content, and You grant Us the rights to publish this content and You confirm that We shall not need to obtain any other licenses or permissions or making payments to any third party for any use of your uploaded or submitted content and You are fully liable to any third party as a result of using Your uploaded or submitted content.
6-3 We hereby grants You a non-exclusive license to access the content, for which You have paid all required fees. This access does not grant You any right to own any of the content that You are allowable to access. However, We reserve the right to revoke this license to access the content in case of termination as illustrated later in these Terms.
6-4 We do not review or screen the submitted content. Thus, the use of this content by You is at your own responsibility. Before using any content published on the website, You have to ensure that such using is free of violation of any copyright, privacy, regulations, and any other laws. We are not liable for such use. If you believe that any content violates any laws or regulations, you should report it to Us via the website “Report abuse”, and We will contact you via email in case of any feedback or subsequent actions required within seven working days.
6-5 The trademarks, service marks, and logos (collectively "Trademarks") used and displayed through Our Services, registered or unregistered, are protected pursuant trademark laws. All rights are reserved and You may not use the Trademarks, or alter them without Our prior approval.
6-6 You may decide to send Us any ideas, however, You must not disclose them through the Services or third party platforms. You agree that We shall not be required to treat any idea as being confidential or proprietary and We have the right either to use or not to use them. You agree that by submitting any idea to Us, You grant us a free, perpetual, non-exclusive license to benefit from these ideas for any use.
7- Prices and Payment
7-1 You agree to pay the fees for Our Services that You purchase such as the access to the published courses, certificates, or shipping fees, and hereby you authorize Us to charge Your credit card for such fees. If Your credit card is declined, we reserve the right to stop the processing of Your purchasing order.
7-2 When you purchase any of our services, you agree that you will pay and/or remit any taxes, that may be required at or after the payment as per the applied laws, to the appropriate taxing authority. You have to consult Your own tax consultant to advise regarding the taxing applicable laws before purchasing. We may, in Our sole discretion, round up or round down prices to the nearest whole base unit.
8- Shipping and Delivery Policy
8-1 Your digital certificate will be available to download or email from the website as soon as You complete a course. You may order Your printed certificate at any time after course completion. Please select the number of certificates, your country and complete the remainder of the address. Our system is automated, delivery costs vary according to country and number of certificates ordered. Elite-mind reserves the sole right to update the costs at any time. The cost will be displayed prior to check out.
8-2 Elite-mind reserves the sole right to select any carrier to perform shipments. In the event User requested a certain carrier before payment, the User will be notified via email or website notification of the additional shipping costs and the payment method. Elite-mind reserves the rights to declare inability of delivery to any country.
8-3 Users are responsible for paying all duties, taxes and brokerage charges charged directly through customs. Because We are not charging these fees, We are not able to estimate how much they will be. We take measures to ensure that the value of Your shipment is declared accurately, and that all necessary paperwork accompanies Your shipment to minimize any customs clearance delays.
8-4 Users can check order status using the tracking number and all other details provided in the website. You’ll receive your printed certificate within around six weeks of your check out or based on the carrier. In case of longer waiting, please email us via “Contact Us” module. After receiving the notification, We will investigate the shipment status with the carrier and feedback the User with the appropriate action.
9- Cancellation Policy
By purchasing any of Our Services (e.g. clicking or tapping the relevant purchase button), You are confirming that You want the service immediately credited to Your Account and thus You are hereby waiving any and all cancellation rights.
10- Refund and Repayment Policy
Unfortunately, we don’t have refund policy and we don’t refund money back after purchasing. However, in case that a User purchased any of Our Services through Our website and he believes that he has been subjected to any kind of cheating, then he has to notify Us within one month of purchasing date through the “Contact Us” module in the website. After receiving the notification, We will investigate the case and feedback the User with Our decision within one month. We do not promise refund unless We have a convince that the case could be classified as cheating. We reserve the right to disregard notifications that we receive after one month of purchasing date.
11- Limitation of Liability
11-1 We do not provide any kind of warranty for Our Services or any content on Our website. We and our sponsors, suppliers, licensors, advertisers, and agents disclaim any kind and all kinds of warranty, express or implied. We and our sponsors, suppliers, licensors, advertisers, and agents do not warrant that your use of Our Services or any other service in relation to Our website will be uninterrupted, error-free, secure, free of viruses, free of damage, or free of any harmful component. You are liable for using Our services, or any services provided on any third party platform, and this use is entirely at Your own risk.
11-2 By registering in Our website, you agree that neither We nor any of our subsidiaries, licensors, suppliers, advertisers, sponsors, employees, consultants, agents or other representatives, are responsible or liable for any kind of damages (including without limitation, loss of business, loss of data, extra fees, or lost profits) arising out of or relating in any way to Our Services or available through any third party platform (including without limitation any harmful content, links, code, file, product, or any other service). The maximum liability to Us for all damages shall be the total amount paid by You to Us to access or use the services. If you do not agree for this limitation of liability, please do not register to use Our Services. By registering in Our website, You confirm that You agree for this limitation of liability. No communication of any kind between You and Us, our representatives, or Our employees constitutes a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the Terms. Services provided on any third party platform could include inaccuracies, errors, or alterations of the services. We make no guarantees as to the services' accuracy, completeness or correctness. In the event that you encountered completeness or correctness problems, please send us a notification through the “Contact Us” module at the website including the subject, description, and the “url”. We will investigate the case and feedback the User with Our decision within three months.
11-3 We periodically schedule maintenance that may cause system outage for the services. In addition, unplanned system outages may occur. You agree that We are not liable for any damage that may arise because of the system outage (including without limitation any outage, service unavailability, delay, delay impact, or any type of loss such as loss of data, material, transactions, or information).
12- Indemnification
12-1 You hereby indemnify, defend and hold harmless Elite-mind and its sponsors, partners, employees, officers, agents, licensors, representatives and third party providers from and against all fees, losses, damages, expenses, costs, and claims including attorneys' fees and related costs and expenses, due to or arising out of Your breach of any agreement, representation or warranty hereunder. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You under this Section and in such case, You agree to fully cooperate as required with such defense.
12-2 Any claim or cause of action arising out of or related to use of Our Services or information available through Third Party Platforms, must be filed within three months after such claim or cause or action arose regardless of any statutes or law to the contrary. In case such claim or cause of action is not filed within three months period, such claim or cause of action are forever barred.
13- Notifications and Communications
By accepting these Terms, You agree that We may communicate with You electronically. We may attempt to notify You electronically by posting a notice through Our Services or sending an email to You. Upon Your receive of electronic notice, You may ask for a written notice. To receive a written notice of a certain notification, You have to send to us, within twenty four hour from receiving our notice, using the “Contact Us” module in Our website. We will contact you to determine the cost, address, and method of sending the notification. You agree that you will pay the cost of sending any written notification you have requested.
13- Updating Terms of Service
15-1 From time to time we may update these Terms. Elite-mind reserves the right to modify these Terms at any time. If we make any material change to these Terms, we will notify you using prominent means such as emails, website notifications, website notice bar, or any other method through Our Services. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of Our Services after modifying the Terms shall mean that You accept those updated Terms. Updated Terms shall supersede all previous Terms.
15-2 Elite-mind reserves the right to modify the Services or discontinue their availability at any time.
15- Breach and Termination
16-1 We reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, any content in Our website, any Service, or Your Account, as per the following cases:
16-2 In case You need to terminate Your use of Our Services at any time, You may send to Us using the “Contact Us” module in Our website asking for deactivation of Your account. However, if You are Instructor, we may retain the right of access to the students who purchased Your course. Upon termination, You are waiving all your rights (as student) to access purchased courses or your rights (as instructor) to offer Your content through Our Services.
17- Agreement to Arbitrate and Class Action Waiver
17-1 Before bringing a formal legal case, please first try contacting Our team via “Contact Us” module. Most disputes can be resolved that way.
17-2 We Both (Elite-mind and You) Agree to Arbitrate. If we can't resolve our dispute amicably, You and Luqma agree to resolve any claims relating to these Terms, or any of Our other terms posted on Our Services from time to time, through final and binding arbitration. This applies to all kinds of claims under any legal theory.
17-3 In addition, if You or Elite-mind brings a claim in court that should be arbitrated or any of Us refuses to arbitrate a claim that should be arbitrated, the other of Us can ask a court to force Us to go to arbitration to resolve the claim (i.e., compel arbitration). You or Elite-mind may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
17-4 No Class Actions. We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither You nor Elite-mind can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other Users, and cannot be used to decide other disputes with other Users. If a court decides that this subsection on "No Class Actions" is not enforceable or valid, then the entire Section 18 (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the Terms will still apply.
.17-6 Changes. Notwithstanding the provisions of the modification-related provisions above, if Elite-mind changes this "Agreement to Arbitrate and Class Action Waiver" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Elite-mind written notice of such rejection by mail, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Agreement to Arbitrate and Class Action Waiver" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Elite-mind in accordance with the provisions of this "Agreement to Arbitrate and Class Action Waiver" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).