Terms of Use
Last modified: Mar 18, 2022
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:
- You agree on
the Terms and Conditions.
- 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
- You will
complete the Instructor form to be an instructor and you will update
frequently by any changes.
- If You choose that Arqmy collect
the fees of Your courses, You agree on the pricing terms and fees of Arqmy.
- 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.
- No of Your
content will misappropriate any intellectual property right of a Third
party or any individual or organization.
- You have the
required qualifications and experience to offer this course
- You will
communicate in a professional and polite way with the students with quick
response on their requests.
- You will not;
- Upload or post any unauthorized advertising, promotions, spam
mail or any other form of solicitation through our platform.
- Post or provide any offensive, racist, hateful, sexist,
misleading, incorrect, infringing, defamatory content or information.
- 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.
- Impersonate another user or unauthorized access to another
user Account.
- 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
- Use our
services for any business other than for providing tutoring, teaching and
instructional services to Students
- 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:
|
Arqmy Fees |
Adding course |
0% |
Student knows the course from the instructor |
0% |
Student knows the course from Arqmy
and pay direct to instructor |
5% |
Using Arqmy payment tools
and Student knows the course from the instructor |
5% |
Student knows the course from Arqmy
and sing Arqmy payment tools |
10% |
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:
|
Case
1 |
Case
2 |
Case
3 |
Case
4 |
Adding Course |
√ |
√ |
√ |
√ |
Student knows the course from the instructor |
√ |
√ |
√ |
√ |
Student knows the course from Arqmy |
|
|
√ |
√ |
Using Arqmy Payment tools |
|
√ |
|
√ |
|
|
|
|
|
Instructor Revenue |
100% |
5% |
5% |
10% |
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.