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Terms of Use

These Terms of Use were last updated on October 01, 2018.

 

These terms of use is an agreement between Arqmy website and You as a user “Student” or “Instructor” including any connected applications such as mobile Apps or others offered by our website.
By using the Arqmy services or signing up, you agree to on these terms.

Also you agree to resolve disputes with Arqmy through binding arbitration and not in court with limited exceptions according to the German law

You agree that the Terms in the English language is the main if there is any conflict in the terms which is translated to other languages.

The Privacy Policy contains any agreements related to the personal information pivacy.

Also for Instructor there is a specific terms in Instructor Terms and there is no conflict between it and theses Terms.

 

The Terms of Use is including:

·         User Terms

·         Instructor Terms

·         Cancellation Policy

 

User Terms

1. About  Arqmy

·     General

Our Services enable students ("Students") to connect with independent contractor instructors (the "Instructors", collectively with Students, the "Users") who provide onsite courses, workshops, tutoring, and learning services (the "Courses") via Our Services. The Services include, without limitation, facilitating and managing the booking process of the course, and taking feedback from Users.

We may update these Terms to clarify more points or new services or new features, and Arqmy reserves the right to modify or make changes or make both actions to these Terms at any time. We will notify You by these changes using by email notice sent to the email address specified in Your Account or by posting a notice on our website. The updated terms will become effective on the day they are posted or notified, unless that we mentioned other exceptions.

Your continued use of our services after any updates or changes in the Terms become effective will mean that You accept those changes. You should visit the Services regularly to ensure You are aware of the latest version of the Terms.

Also Arqmy has the right to modify the Services or discontinue their availability at any time.

You are totally responsible for all service, data charges, other fees and costs associated with Your access to and use of the Services, as well as for obtaining and maintaining all devices and other equipment are required for using the service.

If You choose to access or use our Services that including payment of a fee, then You agree to pay and you will be responsible to pay the fee and the taxes to use these services.  If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and you authorize Arqmy to charge your credit card on a regular basis to pay the fees as they are due.

If your payment method fails or your Account is not working, then We may collect the fees using other ways. We may also block your access to any Services until your money issues with Arqmy.

Your usage of our Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Also the type of the content and its situation of legality in Germany or outside Germany, you are responsible about it and for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the Germany or the country in which You are accessing or using our services in it.

·     Disclaimer

The Services are only a marketplace for Instructors and Students. We do not hire or employ Instructors. We are not responsible on any agreements or deals happened outside our services between the users (Students or instructors) and also if the payment is done by paying directly to the Instructor.
We are not responsible for the content and any manner the reliability, validity, accuracy or truthfulness of it or any consequences thereof.

You can send us an objection if you find any content is not working under our terms.

The Services may give You access to links to third party platforms ("Third Party Platforms"), either directly or through Courses or Instructors. Arqmy does not control any of these Third Party Platforms, so Arqmy does not assume any liability associated with these platforms.

2. For Users

You represent that:

1)    You are over the age of 16, or, if not, You will only use the Services with the involvement, supervision, and approval of a parent or legal guardian

2)    You will not to :

a)    Upload or post any unauthorized advertising, promotions, spam mail or any other form of solicitation through our platform.

b)    Post or provide any offensive, racist, hateful, sexist, misleading, incorrect, infringing, defamatory content or information.

c)    You will not copy, modify, reverse engineer, reproduce, distribute, use and exploit any content or services or courses or except as permitted by Arqmy or the Instructor.

d)    Impersonate another user or unauthorized access to another user Account.

e)    Upload or post any virus, worm, spyware or any code, file, program that may damage or hack the operation of any hardware, software or telecommunications equipment, or any other actions that has an effect on other systems

f)     Disclose your personal information to an Instructor; otherwise you will be responsible for the results of your disclosing.

g)    Asking for any personal information from any Instructor or other Student.

Instructors may choose to terminate their Accounts with Arqmy or become inactive, so the Students understand and agree about that and that Arqmy does not guarantee Instructor availability to Students and will not be responsible for any issues relating to Instructor availability except what are in the payment conditions.

3. Registration

Registration is essential if you need to use our Services using Your email, name, username, gender, birthdate and password. You are solely responsible for Your account and for all activities occurring under Your Account. You confirm that Your information will be accurate at all times. You may not register more than one (1) Arqmy Account unless Arqmy authorizes you to do so.  You must notify Us immediately of any unauthorized use of Your Account, so ensure that You exit from Your Account at the end of each use of the Services. According to these conditions, we can’t be responsible for any loss or damage arising from Your behavior in using the account contrary to what was mentioned, either with or without Your knowledge, before You notify Us by any unauthorized access to Your Account.

Also You are not allowed to transfer Your Account to any other person and You are not allowed to use anyone else's Account at any time.
In cases where You have authorized or registered another person to use Your Account, You are fully responsible for all consequences of this action including any misuse.

4. Content, Licenses & Permissions

All data with different types and extensions, software, ideas and any types of technology or copyrightable materials are "Content" even it is uploaded or transmitted by Arqmy or by the users are protected, without limitation, pursuant to Germany and foreign copyright and other intellectual property laws. The contents which are uploaded by You as a user or an entity are private property of the person or the entity and You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Arqmy with respect to Your content and that Arqmy will not need to obtain any licenses or rights or permissions from any third party or pay to them to exploit Your content as authorized in these Terms and this content is at your own risk and Arqmy has no liability for using it.

If a Third party reports by evidence that You used a protected content by copyrights without having a permission or license from this party, Arqmy will remove your course from the system after communicating with you.

Also by these terms You as an Instructor accept that Arqmy can do marketing for your courses in any way.

You may not use, reproduce, sell, transmit any user content or company content unless We give You permission to do so.

You can send us ideas like promotions, features, improvements or any suggestions and you agree that Arqmy can use it and work on it, and You are responsible and liable if you take this idea from another User or Entity.

5. Pricing, Payment & Taxes

1. Pricing.

Pricing of Arqmy services is described in the Pricing Policy. If You are a Student, You agree to pay the fees for Courses that You purchase according to the Pricing Policy and You authorize Us to charge Your credit card for such fees from through the payment gateways that Arqmy uses.

2. Payment.

All payments are made to Arqmy using the payment tools which are available in the checkout payment. Arqmy as a marketplace is blocking the money that the student pays through the website and is not paid directly to the instructor, and then Arqmy transfers it to the instructor account after receiving the confirmation of the course ending from the instructor and the student.

3. Invoices

The student will find a receipt on his “Account” page for the amount he paid.

The instructor is responsible for sending the invoice to the student after he paid. Arqmy will send the invoice of its fees when Arqmy transfer the Instructor Revenue to him.

4. Taxes.

·      European Union:

Arqmy will collect the VAT for sales of Courses or services to Students in the European Union. You will compensate and hold Arqmy harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest.

·      All Other Countries:

For sales of any Courses or services in countries other than the European Union, You are responsible for paying the taxes to the taxing authority (which may be different to the tax authority in Your own location).

5. Foreign Currency.

The currency of the courses or services price is displayed according to the location of the course or the service.

Arqmy is a company in Germany, which means that is the main currency is Euro.

In European Union, the currency will be displayed in Euros and the user will pay in Euros.

In Egypt, Arqmy has an agreement with partners in Egypt to collect the money, so the currency will be displayed in Egyptian pounds and the user will pay in Egyptian pounds.

In other countries, the currency will be displayed according to the location of the course or the service and the user will pay in the same currency, but the money will be converted to Euros to be transmitted to Arqmy. And in the withdrawing phase by the Instructor -after the course ending confirmation-, the money will be transferred to the instructor according to the availability of his location currency in the PayPal service. These currency conversions will be processed according to rates and fees in PayPal or Stripe.

6. Refunds.

Arqmy offers Students full money back guarantee on Courses that are booked on the Arqmy website through or tools and are not payed directly to the Instructor, if the instructor canceled or doesn’t complete the course for any reason. If the student will cancel the course, the refunding will be according to the Cancellation policy that will be mentioned by the Instructor in each course. Any Courses purchased through Third Party Platforms or paid directly to the Instructor will not be eligible for refunds. The refunds is done within (15) working days. Please note that if We believe that You are abusing Our refund policy, We reserve the right to suspend or terminate Your Account and refuse or restrict any and all current or future use of the Services, without any liability to You.

If you are an Instructor, you acknowledge and agree that Students have the right to receive a refund as set in this part of the terms. You can find more details in the Instructor Terms.

6. Trademarks

The trademarks and logos used and displayed through Our website are protected according to Germany and foreign trademark laws. You may not use or change the Trademarks without Our prior approval.

7. Limitation of Liability

Neither Arqmy, Arqmy teams nor our partners are responsible for any damages or loss for any user or business, and the users uses our website and services are responsible for their actions on the website.

The Services provided on any Third Party Platform could include inaccuracies or errors Also an unauthorized alterations could be made by third parties to the Services available on any Third Party Platform. Arqmy will do the best to secure these integrations but we can’t guarantee that everything will be done without a possibility of errors.
So please if your find any error or mistake send to us on support@arqmy.com, or through the “Contact us” page.

Arqmy periodically schedules system downtime for improving the system or doing any maintenance or for any reasons. You accept that Arqmy has no responsibility for the unavailability of the Services or any data loss happened or any missing data, even the problem is from Arqmy or any other Third Party.

Also You agree that Arqmy now is in a beta version, so you accept that to use the service in this version, and in the same time we’ll do our best to improve the system.

8. Indemnification

You hereby agree to indemnify Arqmy, its partners, employees or any individual or organization are dealing or related to Arqmy against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including any fees and costs related to that situation. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

Any claim or cause must be filed within 1 year after such claim or cause or action is happened regardless of any law. Any claim or cause of action is not filed within 1 year, this claim or cause of action is forever barred.

9. Termination

Arqmy reserves the right to terminate, suspend, modify, or delete, any Content, Course, Account, and Service.

Arqmy may take the action immediately without any notice to You before it and We’ll send after that a notice about the action with a reason or without.

If you are an Instructor and you have an amount in your account, Arqmy will pay it to your after calculating the fees or refunds or any amounts owed to Arqmy.

If you are a student and influenced by this action, Arqmy will refund You the amount according the refund and cancellation policy.

You may terminate Your use of our services anytime, but the refund and cancellation policy will be applied. You can delete your account by sending as a request to support@arqmy.com or through the “Contact us” page. If your account is deleted, we have no obligation to return you’re your account your data or your content.
If you book a course as a user or sell a course as an Instructor, We will not delete some information and content that refers to you and your data in this action.

10. Communications

You agree that Arqmy communicate with you electronically using the system notifications and the emails. So please use this email for communicate with Arqmy support@arqmy.com, or through the “Contact us” page.

11. Health and Wellness Courses

By enrolling in any health and wellness course or activities, you are responsible for your choice. You acknowledge that we Arqmy and the instructor of this course recommend that you consult with your doctor. Arqmy or anyone related to the company or the instructor has no responsibility or liability for any consequences.

 

Instructor Terms

1. Key Definitions

"Course Price" means the course price set by the Instructor.

"Paid Currency" means the currency of the Course Price.

"Instructor Revenue" shall mean Net Amount less Arqmy Revenue.

"Gross Amount" means the amount actually received by Arqmy for purchases by Students for Your Course.

"Net Amount" means Gross Amount, less Taxes and the refunds fees.

2. Commitments

You agree as an Instructor that:

1. You agree on the Terms and Conditions.
2. You are over the age of 16, or, if not, You will only use the Services with the involvement, supervision, and approval of a parent or legal guardian
3. You will complete the Instructor form to be an instructor and you will update frequently by any changes.
4. If You choose that Arqmy collect the fees of Your courses, You agree on the pricing terms and fees of Arqmy.
5. You will be responsible for all of Your content, and you own this content or You have the necessary licenses/rights/permissions to use it, also the authority to authorize Arqmy, to reproduce/ distribute/ publicly display/ promote/ market it.
6. No of Your content will misappropriate any intellectual property right of a Third party or any individual or organization.
7. You have the required qualifications and experience to offer this course
8. You will communicate in a professional and polite way with the students with quick response on their requests.
9. You will not;
1. Upload or post any unauthorized advertising, promotions, spam mail or any other form of solicitation through our platform.
2. Post or provide any offensive, racist, hateful, sexist, misleading, incorrect, infringing, defamatory content or information.
3. You will not copy, modify, reverse engineer, reproduce, distribute, use and exploit any content or services or courses or except as permitted by Arqmy or the Instructor.
4. Impersonate another user or unauthorized access to another user Account.
5. Upload or post any virus, worm, spyware or any code, file, program that may damage or hack the operation of any hardware, software or telecommunications equipment, or any other actions that has an effect on other systems
6. Use our services for any business other than for providing tutoring, teaching and instructional services to Students
7. Prevent other Instructors from providing their services or Courses

3. License to Arqmy

You hereby accept that Arqmy has a non-exclusive right and license to reproduce, publish, market, sell to the users through different ways of selling and marketing

As an Instructor You can remove your content or your course and deactivate your account at any time, but if Your account or Your course is linked, or booked by any student, we will save the most important data that students can need to view their activities and the courses they enrolled in.

Your termination will be done after checking the financial situation of you money, so if you have an amount, you must withdraw it and if You owe Arqmy money, you have to pay it

You are also agree that Arqmy will record and save the communications and messages between You and the others for quality control and to be aware by any Claims or complains. You agree to give Arqmy permission to use Your name, profile, image, content for offering, delivering, marketing, promoting, selling the Services, Courses.

4. Pricing

As an Instructor, You will be responsible for determining the Course Price You charge Students for Your Course(s), considering that will be VAT in EU countries.

As part of Your participation on Arqmy, You give Us permission to share Your Course, and information about You and the Course with Arqmy employees and selected partners, for which You will not receive compensation.

Arqmy will offer programs for marketing, which will be announced on the website and updated in the Terms and conditions. You can choose to participate in it or not, and by accepting on this programs, You agree on any terms and conditions related to these programs. You have a right to get out from this program in anytime by informing us by email, and we will stop your participation in this program within 1 week.

5. Payments

There are no fees for adding a course and managing, but the share of Arqmy from the “Net Amount” depends on the following:

 

According to this table the “Instructor Revenue” that will be transferred to the Instructor will be related to the benefits that the Instructor gains from Arqmy, and the following table will clear it:

 

Arqmy makes all payments to Instructors in Euro (except in Egypt) regardless of the currency in which the Student transacts. Arqmy will assume all transaction processing fees, excluding foreign currency conversion. 

If Arqmy changes the Standard Revenue Share, we will provide you thirty (30) days notice via email or prominent notice on the Services.

Payout fees

So that Company can pay you in a timely manner, you must have a PayPal account in good standing and keep Arqmy apprised as to the correct email address associated with your PayPal account. Payment will be made within (14) working days of the end of the course. You are responsible for providing Company with all identifying and tax information necessary for the payment of amounts due.

In Egypt, Arqmy will transfer the money using the Bank wire transfer, so you have to update us by Your essential data and your bank account, taking in consideration, that there is a fees deducted from the amount by the bank, and we are not responsible about this amount and it is different from bank to another. There are no transfer fees if You have a bank account in QNB, because our partner bank account is in this bank.

As an Instructor, you are responsible for determining whether you are eligible to be paid by a German company.

6. Invoices

The student will receive a receipt by email for the amount he paid.

The instructor is responsible for sending the invoice to the student after he paid. Arqmy will send the invoice of its fees when Arqmy transfer the Instructor Revenue to him.

7. Refunds

Arqmy offers Students full money back guarantee on Courses that are booked on the Arqmy website through its tools and are not paid directly to the Instructor, if the Instructor cancel or doesn’t complete the course for any reason and the decision of charging the instructor by the admission fees for this refund, will be under the conditions mentioned in the Cancellation policy under the Terms conditions.

If the student cancels the course, the refunding will be according to the Cancellation policy that will be mentioned by the Instructor in each course. Any Courses purchased through Third Party Platforms or paid directly to the Instructor will not be eligible for refunds. The refunds is done within (30) days.
Arqmy will set Fair conditions to avoid abusing the refund policy, We reserve the right to suspend or terminate Your Account and refuse or restrict any and all current or future use of the Services, without any liability to You.

8. Taxes

You understand and agree that You are responsible for any taxes on Your income. We reserve the right to withhold payment if we do not receive proper tax documentation. With regard to sales tax on the sale of Your Courses, the following applies:

·      European Union:

Arqmy will collect the VAT for sales of Courses or services to Students in the European Union. You will compensate and hold Arqmy harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest.

·      All Other Countries:

For sales of any Courses or services in countries other than the European Union, You are responsible for paying the taxes to the taxing authority (which may be different to the tax authority in Your own location).

9. Deactivation or delete Your Account

If You wish to deactivate or delete Your Instructor Account, You can contact Us via email at support@arqmy.com. If You have an amount in your account, Arqmy will pay it to You after calculating the fees or refunds or any amounts owed to Arqmy prior to deleting Your Account. You agree that if Student(s) have previously enrolled to Your Course(s), We will not delete some information and content that refers to you and your data to be accessible to those such Students who enrolled to Your Course(s).

 

Cancellation Policy

Arqmy offers Instructors & Students full money back guarantee on Courses that are booked on the Arqmy website through its tools and are not paid directly to the Instructor. The refund is done under the following conditions:

The student cancels the course:

·         The refunding will be according to the cancellation conditions that will be mentioned by the Instructor in each course round.

 

Warnings for students

·         If the student needs to complain about his attendance status, he can do it by pressing on the “Complain” button. If he didn’t comment before the next session, it means that he accepted it.

·         After finishing the round, the student will receive a notification about that. If he didn’t reply within 48 hours by an evaluation or a complaint, the end of the round will be confirmed.

 

The Instructor cancels, postpones or doesn’t complete the course:

·         No admission fees on the instructor in the following cases:

o   The instructor opened the round for registration, and he got the minimum required number of students to start the course, then he opened the round for booking and the students who book, don’t cover the minimum required number. Then he’ll not be charged by any admission fees.

 

·         Admission fees on the instructor in the following cases:

o   The instructor decided to go to the (Book) phase without waiting to get the minimum number of registered students are required to start the round, he’ll be charged 3% (Admission fees) for every refund will be done, if he cancels or postpones the round.

o   The minimum required number of students or more booked the round and the instructor took the decision (cancel/postpone/not to complete) at any time, he’ll be charged 3% (Admission fees) for every refund will be done

o   The instructor can’t change the date or the time of the sessions, without the acceptance of all the students. If one student or more refuse, he should compensate him/them by selecting another date or time for him/them before the next session. If he will not do that or find an solution, the student has the right to refund all his money and the instructor will be charged 3% (Admission fees) for every refund will be done.

 

Warnings for instructors

·         If the instructor didn’t update the attendance status of the students after each session, it will mean that the student attended, so it’s his responsibility. It’s important to do these actions to save you rights, in case of any complaint.

 

·         You can’t change the date or the time of the sessions, without the acceptance of all the students. If one student or more refuse, you have to compensate him/them by selecting another date or time for him/them before the next session. If you will not do that, the student has the right to refund all his money

 

 

Notes:

·         The instructor should pay these fees before he starts your next round to avoid your account termination.

·         Any Courses purchased through Third Party Platforms or paid directly to the Instructor will not be eligible for refunds. The refunds is done within (14) working days.