Terms and Conditions of Service

1. مقدمة - أهلاً بكم

In these Terms and Conditions of Use the terms “arabee“, “us”, “we”, “our” refers to Ara Bee Education & Training Computer Software LLC and/or its affiliates as may be applicable and the terms “you“, “Subscriber” or “User“ shall refer to any person registering an account through and using the programme, materials and content available on the website https://www.arabeelearning.com/ https://homelearning.arabeelearning.com/ (hereinafter “arabee Platforms” or “Platform” or “website” or “Home Learning Site”)

Ara Bee Education & Training Computer Software LLC is a Limited Liability Company incorporated in the United Arab Emirates and registered with the Dubai Department of Economic Development (DED www.dubaided.gov.ae) under DED company license number 698996 with its registered office at Office 148 Schon Business Park, Dubai Investment Park, Dubai, United Arab Emirates. The internet site http://www.arabeelearning.com https://homelearning.arabeelearning.com/ are wholly owned and operated by arabee.

By registering with us and using the arabee Platform through the website www.arabeelearning.com, https://homelearning.arabeelearning.com/, you are entering into a binding contract with arabee. Your agreement with us includes these Terms and Conditions of Service and our Privacy Policy, together with any additional arabee Platform Terms where applicable, all as may be updated from time to time (together the “Terms“). If you don’t agree with these Terms, then please stop immediately from using the Platform and its services.

2. Privacy Policy

Please review our Privacy Policy, which also governs your use of the arabee Platforms, to understand our practices. This provides individuals with information of our data collection and processing practices, describing what personal information we collect, the purpose and use of personal information, the categories of third parties with whom we may share such information (and the purposes for which we do so), the individual’s right to access such information, the choices and means through which the individual may limit the use and disclosure of personal information, and other disclosures.

Where we process personal information on behalf of an educational or other institution (each a “School”) with which you have a direct relationship, we will assist them upon request to provide appropriate notice to you.

Deidentified student data or information may be used to demonstrate the effectiveness of arabee learning, including for marketing purposes. When aggregated, deidentified data may also be shared for maintenance, development and improvement of our Platforms, services or applications. More information on this is available in our Privacy Policy section 11. How does arabee protect Student Data and comply with laws?

3. Updates to the Terms and the Privacy Policy

Occasionally and at any time arabee may, in its sole discretion, make changes to these Terms, which will be reflected in the “Last Updated“ webpage. If we change these Terms in a material manner, we may, but are under no obligation to, notify our users of the changes by posting a general notice on our Platforms.

In any event, by continuing to use the Platforms after those changes are made, you are expressing and acknowledging your acceptance of the changes. If you do not agree to any of the terms in these Terms or to any future terms in an update, do not use or access (or continue to access) the Platform.

We will not make any material changes to our Terms and Privacy Policy that would result in Student Data being used in a materially different manner than was disclosed when the information was collected without first giving notice to applicable Schools.

4. Your Account and arabee ID

Using our Platforms and accessing the content requires an arabee ID. An arabee ID is generated when you subscribe to one of our packages.

arabee does not sell products for anyone under the age of 18. You must be age 18 or over to create an arabee ID. arabee IDs for persons under this age can be created by a parent or legal guardian using Parent Subscription or by an approved educational institution. If you are under 18, you may use the arabee Platforms only with involvement of an approved educational institution, a parent or guardian. Parents and guardians may create profiles for children in their arabee Household. For more information on this please see our Subscription and Pricing Policy.

By creating an arabee ID you represent, warrant and covenant that: (a) you have the legal capacity to enter into a binding contract with us and not to be barred from doing so under any applicable law; and (b) you have provided arabee with accurate, truthful, complete and not misleading information and details. It is your obligation to keep your registration information accurate and up to date. Failure to do so shall constitute a breach of these Terms, which may result in immediate cancellation of your arabee account.

Your arabee ID is valuable, and you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You are responsible for safeguarding the password that you use to access the arabee ID and for any activities or actions under your password, whether your password is with our service or a third-party service. You agree not to disclose your password to any third party. You are fully responsible for all liabilities and damages incurred through the use of your arabee ID (whether lawful or unlawful) and that any transactions completed through any arabee ID will be deemed to have been lawfully completed by you. If you add other users to your arabee ID, you should be solely liable to their activity in the arabee account and shall ensure such activity is in compliance with these Terms. arabee is not responsible for any losses arising from the unauthorised use of your arabee ID. Please contact us if you suspect that your arabee ID has been compromised. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your User Account. Failure to do so will constitute a material breach of these Terms.

Each School shall maintain records of all use of the arabee Platforms or content and assignment of all login identifications used to access the Platform. arabee shall have the right to examine such records and to audit your access to verify compliance with this agreement.

5. إلغاء الاشتراك واسترداد المبلغ المدفوع

قبل الاشتراك في موقع arabee ، نوصي بتحميل التطبيق وعرض المحتوى المتاح لكم

During your first 7 days of the subscription term, if you find that arabee doesn’t meet your needs, you can cancel and receive a full refund less any charges from your respective store (Apple App Store or Google Play). After that period, however, we are unable to offer pro rata refunds or credits for cancelled subscriptions. If you choose to cancel in the middle of a billing cycle, your membership will remain active until the end of the current billing cycle, and you are welcome to take full advantage of your account until that time.

Prices may change Please see our Subscription and Pricing Policy for the most up to date pricing information

arabee will send you details for renewing your subscription towards the end of your subscription period by email if you subscribed via the website. If you subscribed via Apple App store or Google Play, please check their respective Store guidelines for renewal policy.

We may send you information we think you may find useful or which you have requested from us by push notification and/or (if you provide us with your e-mail address) by e-mail, including information about the latest products or features on arabee, provided you have indicated that you do not object to being contacted for these purposes and we will always give you the option to opt-out of receiving further e-mails or push notifications by following the unsubscribe instructions on any communications sent to you. You can also exercise this right at any time by contacting us using the contact details.

arabee reserves the right at all times to refuse Platform access, terminate subscriptions, terminate your rights to use or view arabee Platform, remove or edit content, in its sole discretion

6. License, Acceptable Use and Indemnity

Subject to your compliance with the Terms, subject to your payment of any applicable fees, arabee grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, copy, download and print for your personal and non-commercial use only of the arabee Platforms, content and material for the purpose of completing the arabee language programme by you: (i) if you are a parent in respect of your children; and (ii) if you are a teacher or a school by the children whose details are registered on our site.

Subject to your compliance with the Terms, subject to your payment of any applicable fees, arabee grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, copy, download and print for your personal and non-commercial use only of the arabee Platforms, content and material for the purpose of completing the arabee language programme by you: (i) if you are a parent in respect of your children; and (ii) if you are a teacher or a school by the children whose details are registered on our site.

7. License, Acceptable Use and Indemnity

Subject to your compliance with the Terms, subject to your payment of any applicable fees, arabee grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, copy, download and print for your personal and non-commercial use only of the arabee Platforms, content and material for the purpose of completing the arabee language programme by you: (i) if you are a parent in respect of your children; and (ii) if you are a teacher or a school by the children whose details are registered on our site.

This license does not include any resale or commercial use of any arabee Platforms, or its content or material; any collection and use of any product listings, descriptions, or prices; any derivative use of any of the arabee Platforms or its contents or materials; any downloading, copying, or other use of account information for the benefit of any third party or commercial use; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms are reserved and retained by arabee or its licensors, suppliers, publishers, rightsholders, or other content providers. No arabee content or material, nor any part of any of the arabee Platforms, may be used, edited, modified, reproduced, duplicated, republished, copied, sold, resold, visited, or otherwise exploited for any commercial or non- commercial purpose without the express written consent of arabee.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including video, audio, images, text, page layout, or form) of arabee without express written consent. You may not use any meta tags or any other “hidden text” utilizing arabee’s name, logo or trademarks without the express written consent of arabee. You may not misuse the arabee Platform.

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without arabee’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without arabee’s express written consent.

You must not:

• 1. use this website in violation of any law, rule or regulation
• 2. interfere with or disrupt this website or any of our computer systems, servers, networks, databases, software, hardware or equipment used by or for this website; or
• 3. attempt to gain unauthorized access to our computer systems, servers, networks, databases, software, hardware or equipment, including to: user-restricted areas of this website; logins and passwords of others; or personal information and personal accounts of others.

You may use the arabee Platforms only as permitted by these Terms and by applicable law. The license(s) granted by arabee terminates immediately if you do not comply with, or in any way violate these Terms and Conditions of Use or any of the Platform Terms.

You may use arabee Platforms solely for purposes of learning arabee’s Arabic language programme, and as permitted by these Terms. You may not incorporate any portion of the arabee Software into other programmes or compile any portion of it in combination with other programmes, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the arabee Software in whole or in part. All software used in any arabee Platform is the property of arabee or its software suppliers and is protected by United States and international copyright laws.

When you use arabee Platforms, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties. arabee is not liable for the content, malfunction, restrictions or else of any third-party sites.

You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the arabee Platform, whether in whole or in part.

We may offer automatic or manual updates to arabee Platforms at any time and without notice to you.

arabee retains the right, at its sole discretion, to deny access to anyone to the Platforms or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms. You shall cease and desist from any such access or use immediately upon request by arabee.

You hereby indemnify arabee and undertake to keep arabee indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by arabee to a third party in settlement of a claim or dispute) incurred or suffered by arabee arising out of any breach by you of any provision of these Terms or the Privacy Policy, or arising out of any claim that you have breached any provision of these Terms or the Privacy Policy.

8. Intellectual Property Complaints

arabee respects the intellectual property of others. If you believe that your intellectual property rights have been infringed, you may submit written claims of intellectual property right infringement to our office at our registered address. Ara Bee Education & Training Computer Software LLC, Office 148 Schon Business Park, Dubai Investment Park Dubai, United Arab Emirates

Written claims concerning any infringement must include the following information:

• A physical or electronic signature of the owner or person legally authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the website;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or legally authorized to act on the copyright owner’s behalf.

We respond quickly to the concerns of rights owners about any alleged infringement. We reserve all rights to request further documents and information as and when needed.

9. Links to other websites and services

The Platforms may contain links to and from third-party websites of our business partners, advertisers, and social media sites. If you follow a link to any of these websites, please note that these websites have their own terms and conditions and their practices are not covered by these Terms. We strongly recommend that you read their terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the practices or the content on the websites of third-party sites.

arabee does not endorse the information contained on those websites nor guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under arabee’s control, and if you choose to access any such web site, you do so entirely at your own risk.

10. Electronic communications

When you use arabee Platforms, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically or digitally. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through the arabee Platform, such as our Message / Notification Centre, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

11. Security

We take reasonable measures to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. We have implemented appropriate physical, electronic and managerial procedures to help safeguard and secure personal information from loss, misuse, unauthorized access or disclosure, alteration or destruction. All the data arabee sends and retrieves is encrypted between the browser and the Google Firebase cloud service – where it is stored in a secure and encrypted format. As such it will be subject to the privacy and security protocols in place on firebase. For more details please see Sub-section 8 of the Privacy Policy titled “Information Security“ and for general information on how we secure our website see https://firebase.google.com/support/privacy/

arabee does not guarantee the confidentiality of any communications made by you through the Platforms. Although arabee generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Platforms, you understand, agree and acknowledge that arabee cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platforms.

12. Technology limitations and modifications

arabee will make reasonable efforts to keep the Platforms operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. arabee reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the arabee Platforms, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the arabee Platforms or any function or feature thereof. You understand and agree that arabee has no obligation to maintain, support, upgrade, or update the Platforms, or to provide all or any specific content through the Platforms.

13. Risk of Loss

All purchases of physical items from arabee are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You will not be entitled to any refund or fee in the event of a loss caused by the carrier or that is not caused directly by us

14. Sanctions and Export Policy

You may not use any of the arabee Platforms if you or your country are the subject of international sanctions of any kind. You must comply with applicable international or other export and re-export restriction laws and regulations that may apply to you from time to time and that may apply to goods, software (including arabee Software), or technology.

15. Disclaimer of Warranties and Limitation of Liability

The arabee Platforms and all information, content, materials, products (including software) and other Platforms included on or otherwise made available to you through the arabee Platforms are provided by arabee on an “as is” and “as available” basis, unless otherwise specified in writing. arabee makes no representations or warranties of any kind, express or implied, as to the operation of the arabee Platforms, or the information, content, materials, products (including software) or other Platform included on or otherwise made available to you through the arabee Platforms, unless otherwise specified in writing. You expressly agree that your use of the arabee Platforms is at your sole risk.

To the full extent permissible by law, arabee disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. arabee does not warrant that the arabee Platform, information, content, materials, products (including software) or other content included on or otherwise made available to you through the arabee Platforms, arabee’s servers or electronic communications sent from arabee are free of viruses or other harmful components. To the full extent permissible by law, arabee will not be liable for any damages of any kind arising from the use of any arabee Platforms, or from any information, content, materials, products (including software) or other content included on or otherwise made available to you through any of the arabee Platforms, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

arabee does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the Platforms or their content. The Platforms and the content may include errors, omissions and inaccuracies, including, without limitation, pricing errors. arabee does not assume any responsibility for any errors, omissions or inaccuracies in the Platforms or the content. In addition, arabee expressly reserves the right to correct any pricing errors on the Platform.

Each party hereby represents and warrants that: (1) it has the legal right and authority to enter into these Terms; (2) these Terms form a binding legal obligation on behalf of such party; and (3) it has the legal right and authority to perform its obligations under these Terms.

To the full extent permitted by law, in no event will arabee be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not arabee is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the Platform, the content, the materials or any other content.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. To the extent that the foregoing limitation does not apply, in no event will the total aggregate liability of arabee in connection with, or under these Terms or the Privacy Policy, your use of, or inability to make use of the Platform or the content, exceed one hundred dollars ($100) or the equivalent in local currency or the fee, if any, paid by you for a given arabee service, whichever is greater. For greater certainty, the existence of one or more claims under these Terms will not increase the maximum liability amount.

The limitations above reflect the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

Limitations period. You agree that any cause of action arising out of or related to these Terms or the Privacy Policy, the Platform, the arabee services must commence within no later than one (1) year after the cause of action accrues or becomes known to you. Otherwise, such cause of action is permanently barred.

You accept that, arabee has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against arabee’s officers or employees in respect of any losses you suffer in connection with the Platform. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this section will protect arabee’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

16. Severability

These Terms constitute the entire agreement between arabee and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and arabee with respect to the Platforms. A printed version of these Terms and Privacy Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Privacy Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

arabee’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provisions or right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of arabee Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

If for any reason a court of competent jurisdiction finds any provision of these Terms or the Privacy Policy invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and the Privacy Policy will remain in full force and effect.

If any of the provisions contained in these Terms or the Privacy Policy conflict with the terms of another agreement between the parties, then these Terms shall prevail.

17. Governing Law and Disputes

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

These Terms any action related thereto shall be governed by the laws of the United Arab Emirates as applicable in Dubai without regard to its conflict of laws’ provisions. These laws apply to your access to or use of the Platforms or the content, notwithstanding your domicile, residency or physical location. The Platforms and the content are intended for use only in jurisdictions where they may lawfully be offered for use. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of the Dubai International and Financial Centre (DIFC). Courts, United Arab Emirates, in all disputes arising out of or relating to the use of the Platform or the Content.

18. Feedback

arabee welcomes your feedback and suggestions about its’ programmes or Platforms or with respect to how to improve arabee. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to arabee, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to arabee and enable arabee to use such Feedback.

In addition, any Feedback received by arabee will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for arabee to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.

If you do post content or submit material, and unless we indicate otherwise, you grant arabee a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant arabee and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify arabee for all third party claims, fees and expenses resulting from content you supply. arabee has the right but not the obligation to monitor and edit or remove any activity or content. arabee takes no responsibility and assumes no liability for any content posted by you or any third party.

info@arabeelearning.com

19. تواصل معنا

إذا كانت لديك أسئلة أو استفسارات عن سياسة الاشتراك، فيرجى الاتصال بنا:

Arabee Education & Training Computer Software LLC,

عنوان مكتبنا: 148 Schon Business Park مجمع دبي للاستثمار ، دبي ، الإمارات العربية المتحدة,

الهاتف: (+971) 50 630 5414

البريد الإلكتروني: info@arabeelearning.com

الهاتف: ww.arabeelearning.com