شروط الخدمة واتفاقية ترخيص المستخدم النهائي

Thank you for your interest in these Terms of Service and End User License Agreement (these “Terms”). These Terms apply to our courses as set out on our website, and constitute a legal agreement. between you (“you” or “your”) and Rahma Global Academy.

1. ABOUT US
   • We are Rahma Global Center for Coaching and Consulting LLC of 30 N Gould St #31660, Sheridan, Wyoming 82801, USA (“Rahma Global Academy”, “we”, “us”, or “our”).
   • We operate www.rahmaglobalacademy.com (our “website”), and provide our courses as further described on our website (“Course(s)”)
   • To contact us, please use [email protected], call +905511542773 or write to us at the above address.
   • These Terms were last updated on Tuesday, March 5th, 2024, and are the current and valid version.
   • The following additional terms apply to your use of our website and Services and form part of these Terms:
     • Our Privacy Policy;
     • Our Cookie Policy; and
     • Our Terms of Use, if you are using our website.
     • Our Refund and Returns Policy, if you are using our Courses.
   • The names Rahma Global Academy and Rahma Global Center for Coaching and Consulting LLC as well as related names, marks, emblems and images are the copyright of Rahma Global Center for Coaching and Consulting LLC. All Rights Reserved © 2024 Rahma Global Center for Coaching and Consulting LLC.

2. GENERAL TERMS
   • We provide our Course(s) to you on the basis of these Terms to the exclusion of all other terms and conditions including any terms and conditions you purport to apply.
   • We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not enroll in our Course(s).
   • In case of your violation of these Terms, we reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Course(s) at any time.
   • We reserve the right to change, modify, suspend or discontinue any portion of our Course(s) and/or software used or provided by us in connection with the use of our Course(s). You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

3. HOW THE CONTRACT IS FORMED
   • You can select and enroll in the Course(s) you want to attend on our website. By clicking the “Purchase” button, you make a binding offer to purchase the Course(s) you have selected (“Course Enrollment”) .
   • After submitting your Course Enrollment, we will send you a Course Enrollment Receipt Confirmation (“Course Enrollment Receipt Confirmation”) by email, in which your course details are listed again. The Course Enrollment Receipt Confirmation does not constitute an acceptance of your Course Enrollment, but only confirms that we have received your Course Enrollment.
   • A valid contract between you and us is only concluded upon you a) making payment for the relevant Course(s) and receiving an enrollment confirmation (“Enrollment Confirmation”) by e-mail from us. In the period between the submission of your Course Enrollment until your receipt of the Enrollment Confirmation, you remain bound to your offer. We will within this period decide whether to accept or decline your offer and if your Course Enrollment is accepted, a Contract between you and us is formed (“Contract”).
   • A Contract shall not be effective until we have issued written acknowledgement and acceptance of such Contract (notwithstanding any earlier confirmation of receipt).
   • No change or modification of a Contract shall be allowed after acceptance by us unless accepted in writing by us.
   • If there is any conflict between the Fees indicated on our website and in our Enrollment Confirmation, then the latter shall take precedence.
   • A Contract constitutes the entire agreement between you and us and the Contract is subject to these Terms to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply). You also acknowledge that you have not relied on any statement, promise, representation, assurance, or warranty made or given by us or on our behalf that is not set out in a Contract.
   • By submitting your Course Enrollment, you confirm you are over the age of 18 years and by paying the Fees or otherwise accessing our Course(s), you represent and warrant that you have the legal capacity to enter into a binding contract with us, and you are authorized to pay the Fees for your selected Course(s).
   • A contract with you shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling, or licensing our Course(s) and/or Course(s) which are similar to those provided to you.

4. CONTRACT TERM

The Contract term (“Term”) begins as of the date mentioned in the Enrollment Confirmation (“Commencement Date”) and continues for the duration of the Course(s) as specified and confirmed at the time of your Enrollment Confirmation.

5. ABOUT OUR COURSE(S)
   • We provide Online Courses as set out on our website and the relevant subpages.
   • Subject to you agreeing to abide by these Terms and your payment obligations, we
     • grant to you a revocable, non-exclusive and non-transferable license to use our Course(s) Material on these Terms.
   • With effect from the Commencement Date, we will, throughout the Term provide the Course(s) with reasonable skill and care, commensurate and prevailing standards to you.
   • You are authorized and use the course materials for the duration of the course or as otherwise specified by us, provided that you have paid the fee.
   • You agree that:
     • your access and use of the Course(s) is not contingent on delivery of any future functionality or features or the delivery of any other Course(s).
     • we are not:
       • required to undertake any act or perform any Course(s) which in our good faith judgment would be misleading, false, libelous, unlawful, in breach of a contract, or otherwise prejudicial to you or our interests.
       • not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities including but not limited to third-party Course(s), including the internet, and you acknowledge that the Course(s) may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
     • In the unlikely event that you are experiencing or have experienced a technical error with our Online courses, please contact us with details and images of your experience so we can investigate the error and determine if a refund is owed to you.

6. FEES AND PAYMENT
   • All fees and service costs (“Fees”) are inclusive of the applicable statutory value added tax.
   • All Fees are accepted by you at the time of Contract and must be paid in the currency selected by you.
   • Failure to make payment of the Fees may result in the suspension or termination of your access to our Course(s).
   • Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
   • All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
   • We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
   • We reserve the right, by giving notice to you at any time before delivery of the Course(s), to increase our Fees to reflect any increase in our costs which are due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labor, materials or other costs of transportation), any change in performance dates, quantities or specifications for the Course(s) which are requested by you, or any delay caused by your instructions or your to give us adequate information or instructions.
   • You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any purchase. If you make a payment through and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined in our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback and or pursue legal action as the case may be.

7. YOUR OBLIGATIONS AND YOUR CONDUCT
   • You agree to meet any language or qualification requirements applicable to your Course(s), as set out in the Course(s) description.
   • We have a zero tolerance for any behavior which is discriminatory on grounds of age, race, gender, social class, sexual orientation, health problem or any other factor. .
   • The relationship between the students and those working for Rahma Global Academy is an important issue and is a two-way process. Therefore, to protect both the staff and other students, we respectfully point out that the following inappropriate behavior will not be tolerated whatsoever: violence, threatening or abusive behavior, verbal abuse of any kind, racial abuse, drug taking/dealing, inappropriate demands for service.
   • You agree to use all reasonable endeavors to provide all pertinent information to us that is necessary for the provision of our Course(s). In the event that we require the decision, approval, consent or any other communication from you in order to continue with the provision of our Course(s) or any part thereof at any time, you agree to provide the same in a reasonable and timely manner. Any delay in the provision of our Course(s) resulting from your failure or delay in complying with any of the provisions of this Clause 7.4 shall not be our responsibility or fault.

8. DEFAULT
   • You shall be deemed in default of this Agreement upon the failure to comply with any of these Terms, including, but not limited to, the obligation to make any payment as and when due.
   • Upon default, we will have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. Payments not made on the due date shall be subject to late charges equal to the maximum amount permitted under applicable law.
   • If we delay or refrain from exercising any rights under these Terms, we do not waive, nor will we lose those rights. If we accept late or partial payments from you, we do not waive the right to receive full and timely payments and other charges due.

9. WARRANTIES
   • We provide:
     • a service, i.e., you are coached, advised, guided etc. A concrete success is not promised.
     • our Course(s) on the basis of the data and information provided by you. The guarantee for their factual correctness and completeness lies with you. You are using our Course(s) at your own risk.
   • Nothing contained in Terms, shall be construed as a warranty that:
     • our Course(s) will yield any Result or otherwise be successful,
     • any strategy will yield a specific result or otherwise be successful or
     • the outcome of our Course(s) or any coaching will be utilizable in any respect.
   • To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Course(s), including but not limited to implied warranties of merchantability and fitness for a particular purpose.

10. COURSE CONTENT
    • We grant you a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to use the Course Content (in whole or in part) ( “License”), for the Term of the Contract.
    • You must in no event use, nor allow others to use, the Course Content or this License for commercial purposes without obtaining a license to do so from us.
    • As applicable, certain parts of the Course(s) may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms.
    • You shall not, directly or indirectly:
      • sell, rent out, lease, license, distribute, market, exploit the Course Content or any of its parts commercially,
      • reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of the Course Content in whole or in part;
      • remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within the Course Content , and
      • export or re-export the Course Content or any copy of adaptation in violation of any applicable laws or regulations.
    • While using the Course Content, you agree to comply with all applicable laws, rules and regulations. In all cases, you may only use the Course Content according to anticipated use of the Course Content.

11. CONTENT OWNERSHIP
    • All title, ownership rights and intellectual property rights in and to the Course Content (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, effects, dialogues, slogans, places, characters, diagrams, concepts, audio-visual effects, domain names and any other elements which are part of the Course Content, individually or in combination) and any and all copies thereof are owned by us and our licensor’s.
    • The Course Content is protected by national and international laws, copyright treaties and conventions and other laws.
    • The Course Content may contain certain licensed materials, and, in that event, our licensor’s may protect their rights in the event of any violation of this Agreement.
    • Any representation of these licensed materials in any way and for any reason is prohibited without our prior permission and, if applicable, our licensor’s’ and their representatives’.
    • Except as expressly set forth in this agreement, all rights not granted hereunder to you are expressly reserved by us.
    • This License confers no title or ownership in the Course(s) and should not be construed as a sale of any rights in the Course Content.

12. DISCLAIMER
    • Our Course(s) are provided on an as-is and as-available basis. You agree that your use of the Course(s) and our Course Content will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Service and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
    • We cannot guarantee that any file or Course Content available for download and/or execution from or via the Course(s) is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used.
    • We make no warranty or representation that the Course Content and Course(s) will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
    • We make no express or implied representations or guarantees to the reliability or accuracy of the information contained in the Course Content and Course(s).
    • We shall not be held responsible for any direct or indirect special, consequential, or other damage of any kind whatsoever suffered or incurred, related to the use, viewing, or reading of, or the inability to access or read, view or use of our Course Content and Course(s).
    • The author of the Course Content and Course(s) is not responsible or liable, under any circumstances, for what and how the Course Content and Course(s) are used for.
    • Any information outlined by us and published in our Course Content and Course(s) is provided for educational and entertainment purposes only.
    • To the extent any of the content provided including e-mail transmissions, recorded voice messages, and any other associated messages/media (hereinafter collectively referred to as “Information”) may be deemed to be advice, such information is impersonal and not tailored to the needs of any specific person.

13. WARRANTIES
    • While we make all efforts to maintain the accuracy of the information on our Course(s), we provide our Course(s) and our Course Content, and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
    • To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Course(s), our Course Content, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Course(s), the related content, or electronic communications sent by us are free of viruses or other harmful components.
    • Nothing contained in this Agreement shall be construed as a warranty that:
      • the Course(s) will yield any Result or otherwise be successful,
      • any Service will yield a specific result or otherwise be successful or
      • the outcome of the Course(s) will be utilizable in any respect.

14. LIMITATION OF LIABILITY
    • We are not liable for the completeness, accuracy or correctness of any information in our Course(s) and any related content. You expressly agree that your use of the Course(s) is at your sole risk.
    • You agree not to use the Course(s), and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Course(s) or any other website or software) for:
      • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss or corruption of data or information;
      • loss of business opportunity, goodwill or reputation; or
      • any other indirect or consequential loss or damage.
    • Nothing in these Terms shall limit or exclude our liability for:
      • death or personal injury resulting from our negligence;
      • fraud; and/or
      • any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
    • These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Course(s). Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Course(s) which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

15. INDEMNITY

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Course(s), and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

16. BINDING ARBITRATION
    • If we are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
    • The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA Website www.adr.org.
    • Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
    • The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party.
    • The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law.

17. CLASS ACTION WAIVER

The parties agree that (i) no arbitration proceeding hereunder whether a consumer dispute or a business dispute shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. The parties agree to arbitrate a consumer dispute or business dispute on an individual basis, and each waives the right to participate in a class action.

18. WAIVER OF JURY TRIAL

Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this agreement or the transactions contemplated hereby.

19. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

20. EUROPEAN ONLINE DISPUTE RESOLUTION

The European Commission provides an Online Dispute Resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/ We are however not prepared to participate in an out-of-court conciliation procedure before a consumer dispute resolution body.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
    • Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing.
    • You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. GENERAL PROVISIONS
    • This Agreement constitutes the entire understanding between the Parties concerning any use of this website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this website.
    • This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights, and liabilities of Rahma Global Academy will bind and inure to any assignees, administrators, successors, and executors.
    • If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
    • If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
    • Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
    • No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
    • We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.
    • The terms herein will be governed by and construed by the laws of the State of Wyoming without giving effect to any principles of conflicts of law.