Agreement between User and Classbly.com
Welcome to Classbly. This website is comprised of various web pages operated by Fast Track Digital Services. Classbly.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Classbly.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Classbly.com is a learning-based website. For the purposes of this Terms and Conditions, unless otherwise noted, all references to ("Platform") include Classbly.com and Classbly.
Platform is a teaching platform for teachers and students to connect for learning a any subject or topic from academia to skills, hobbies, and interests. Teachers set their own rates and schedules and students pay for classes within the site and pick a teacher. Teacher gets paid weekly for each class completion. Platform pays out 70% of cost to teachers and keeps 30% to keep the site in operation and pay for required services.
Electronic Communications
Visiting Classbly.com or sending emails
to Platform constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Your Account
If you use this site, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or
otherwise transfer your account to any other person or entity. You acknowledge
that Platform is not responsible for third party access to your account that
results from theft or misappropriation of your account. Platform and its associates
reserve the right to refuse or cancel service, terminate accounts, or remove or
edit content in our sole discretion.
Children Under Thirteen
Platform does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Classbly.com only with permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel your class purchases at any time. Cancelations made up to 12 hours from the start of class will receive an 80% refund. Any cancellation made less than 12 hours from start of class will receive a 50% refund only. All classes purchased will stay in your Platform account for 6 months. After 6 months your classes will expire with no refund. Classes may be used with any teacher of your choice. You may also cancel your teachers’ lessons and re-use your purchase within the site with another teacher. For questions, please contact info@classbly.com
Links to Third Party Sites/Third Party Services
Classbly.com may contain links to other
websites ("Linked Sites"). The Linked Sites are not under the control
of Platform and Platform is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Platform is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by Platform of the site or any association with its operators.
Certain services made available via Classbly.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Classbly.com domain, you hereby acknowledge and consent that Platform may share such information and data with any third party with whom Platform has a contractual relationship to provide the requested product, service or functionality on behalf of Classbly.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable,
revocable license to access and use Classbly.com strictly in
accordance with these terms of use. As a condition of your use of the Site, you
warrant to Platform that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Platform or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Platform content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Platform and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Platform or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the Communication
Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Platform has no obligation to monitor the Communication Services. However, Platform reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Platform reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.
Platform always reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Platform's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Platform does not control or endorse the content, messages or information found in any Communication Service and, therefore, Platform specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Platform spokespersons, and their views do not necessarily reflect those of Platform.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Classbly.com or
Posted on Any Platform Web Page
Platform does not claim ownership of the materials
you provide to https://www.classbly.com (including feedback and suggestions) or
post, upload, input or submit to any Platform Site or our associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting Platform,
our affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Platform is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Platform's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Platform account
to third party accounts. By connecting your Platform account to your third-party
account, you acknowledge and agree that you are consenting to the continuous
release of information about you to others (in accordance with your privacy
settings on those third-party sites). If you do not want information about you
to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and
administered by Platform from our offices within the UAE. If you access the
Service from a location outside the UAE, you are responsible for compliance
with all local laws. You agree that you will not use the Platform Content
accessed through Classbly.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless
Platform, its officers, directors, employees, agents and third parties, for any
losses, costs, liabilities and expenses (including reasonable attorney's fees)
relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this
Agreement or your violation of any rights of a third party, or your violation
of any applicable laws, rules or regulations. Platform reserves the right, at
its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully
cooperate with Platform in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve
any dispute between them arising out of or concerning these Terms and
Conditions, or any provisions hereof, whether in contract, tort, or otherwise
at law or in equity for damages or any other relief, then such dispute shall be
resolved only by final and binding arbitration pursuant to the Federal
Arbitration Act, conducted by a single neutral arbitrator and administered by
the American Arbitration Association, or a similar arbitration service selected
by the parties, in a location mutually agreed upon by the parties. The
arbitrator's award shall be final, and judgment may be entered upon it in any
court having jurisdiction. In the event of any legal or equitable action, proceeding
or
arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims regarding
these Terms and Conditions or any disputes arising because of these Terms and
Conditions, whether directly or indirectly, including Tort claims that are a
result of these Terms and Conditions. The parties agree that the Federal
Arbitration Act governs the interpretation and enforcement of this provision.
The entire dispute, including the scope and enforceability of this arbitration
provision shall be determined by the Arbitrator. This arbitration provision
shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions
will take place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and
Platform agree otherwise, the arbitrator may not consolidate more than one
person's claims and may not otherwise preside over any form of a representative
or class proceeding.
Liability Disclaimer
The information, software, products, and services
included in or available through the site may include inaccuracies or
typographical errors. Changes are periodically added to the information herein.
Platform and/or its suppliers may make improvements and/or changes in the site
at any time.
Platform and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Platform and/or its suppliers hereby disclaim all warranties and conditions regarding this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Platform and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Platform or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.
Termination/Access Restriction
Platform reserves the right, in its sole
discretion, to terminate your access to the Site and the related services or
any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the United Arab
Emirates and you hereby consent to the exclusive jurisdiction and venue of
courts in UAE in all disputes arising out of or relating to the use of the
Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Platform because of this agreement or use of the Site. Platform's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Platform's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Platform with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Platform with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Platform with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Platform reserves the right, in its sole
discretion, to change the Terms under which Classbly.com is
offered. The most current version of the Terms will supersede all previous
versions. Platform encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
Platform welcomes your questions or comments
regarding the Terms:
Fast Track Digital Services FZE-LLC
Business Center, Sharjah Publishing City
Sharjah, UAE
Email Address:
info@classbly.com
Telephone number:
UAE: +971 50 908 7668