Effective Date: 1st Oct 2024
Please read these Terms of Service (“Terms”) carefully before using the HOFT Academy website and services (“Service”) operated by HoFT Academy (“we,” “us,” or “our“). These Terms constitute a legally binding agreement between you (“User,” “you,” or “your“) and HoFT Academy. By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you must not use our Service.
Disclaimer: This Terms of Service document is provided for informational purposes only and does not constitute legal advice. Laws and regulations may vary by jurisdiction. We recommend consulting a qualified legal professional to ensure compliance with all applicable laws and regulations.
1. Introduction
These Terms govern your use of our online education platform, which provides access to courses, educational content, and related services. By creating an account or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.
2. Account Creation
2.1 Eligibility
- Age Requirement: You must be at least 16 years old to create an account and use our Service.
- Legal Capacity: You represent that you have the legal capacity to enter into a binding agreement.
2.2 Account Registration
- Accurate Information: You agree to provide accurate, current, and complete information during registration and to keep it updated.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Unauthorized Access: You agree to notify us immediately of any unauthorized use of your account.
2.3 User Responsibilities
- Compliance: You agree to comply with all applicable laws and regulations when using our Service.
- Multiple Accounts: You may not create multiple accounts for fraudulent purposes or misuse the Service.
3. Service Description
3.1 Educational Content
- Courses and Materials: We offer access to various courses, tutorials, and educational materials.
- Content Updates: Course content may be updated periodically to reflect changes and improvements.
3.2 Additional Services
- Community Features: Access to forums, discussion groups, or social networking features.
- Certificates: Issuance of certificates upon course completion, where applicable.
- Support Services: Customer support via email or other communication channels.
3.3 Service Availability
- No Guarantee: We do not guarantee uninterrupted availability of the Service.
- Maintenance and Updates: We may perform scheduled maintenance, which could result in temporary service interruptions.
4. Pricing and Payment
4.1 Pricing Structure
- Subscription Models: Options for monthly, annual, or course-specific subscriptions.
- One-Time Payments: Fees for individual courses or content access.
- Price Changes: We reserve the right to change pricing at any time. Existing subscriptions will not be affected until the next billing cycle.
4.2 Payment Methods
- Accepted Methods: Credit/Debit cards, PayPal, and other payment gateways.
- Payment Processing: Payments are processed by third-party providers compliant with PCI DSS standards.
4.3 Taxes and VAT
- European Users: Prices include Value Added Tax (VAT) where applicable, in accordance with EU laws.
- GCC Users: Prices include any applicable taxes as per local GCC regulations.
- Tax Compliance: You are responsible for any additional taxes or fees required by your jurisdiction.
4.4 Refunds and Cancellations
- Right of Withdrawal (EU Users): You have the right to withdraw from a purchase within 14 days without giving any reason, as per the EU Consumer Rights Directive.
- Refund Policy: Refunds may be granted at our discretion, subject to our Refund Policy [link to Refund Policy if available].
- Subscription Cancellation: You may cancel your subscription at any time. Access will continue until the end of the current billing period.
5. License to Use the Platform
5.1 Grant of License
- Limited License: We grant you a non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes.
5.2 License Restrictions
- No Resale or Redistribution: You may not sell, resell, reproduce, duplicate, or exploit any part of the Service without our express written permission.
- Prohibited Uses: You agree not to:
- Modify or create derivative works based on the content.
- Reverse-engineer, decompile, or disassemble any software or code.
- Use the Service for any commercial purposes without authorization.
6. Content Ownership & Intellectual Property
6.1 Platform Content
- Ownership: All content provided by HoFT Academy, including courses, text, images, videos, and software, is owned by us or our licensors.
- Intellectual Property Rights: Protected under applicable intellectual property laws.
6.2 User-Generated Content
- Your Content: You retain ownership of content you submit or post, such as comments or forum posts.
- License to Us: By submitting content, you grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, and display your content in connection with the Service.
6.3 Trademarks
- HoFT Academy Marks: Our trademarks, logos, and service marks may not be used without our prior written consent.
- Third-Party Marks: Trademarks of third parties may appear on the Service; use of these marks is subject to the permission of their respective owners.
7. User Conduct
7.1 Prohibited Activities
You agree not to engage in the following:
- Illegal Activities: Any activity that violates local, national, or international laws.
- Harassment: Threatening, abusing, or intimidating other users.
- Copyright Infringement: Uploading or distributing content that infringes on intellectual property rights.
- Unauthorized Access: Attempting to gain unauthorized access to other accounts or the Service infrastructure.
- Disruption: Introducing viruses, malware, or any other harmful material.
7.2 Enforcement
- Monitoring: We reserve the right to monitor content and user activity.
- Action: Violation of these Terms may result in account suspension or termination, legal action, or reporting to appropriate authorities.
8. Third-Party Links & Services
8.1 External Links
- Third-Party Websites: Our Service may contain links to external websites or services not operated by us.
- No Endorsement: Inclusion of a link does not imply endorsement of the site or its operators.
8.2 Responsibility
- No Control: We have no control over, and assume no responsibility for, the content, privacy policies, or practices of third-party sites.
- User Responsibility: You access third-party links at your own risk and should review their terms and policies.
9. Termination & Suspension of Accounts
9.1 Termination by User
- Voluntary Termination: You may terminate your account at any time by following the account deletion procedures.
9.2 Termination by HoFT Academy
- For Cause: We may suspend or terminate your account immediately, without prior notice, if you breach these Terms.
- Without Cause: We reserve the right to terminate accounts at our discretion, providing reasonable notice where possible.
9.3 Effects of Termination
- Access Revocation: Upon termination, your right to access the Service will cease immediately.
- Data Deletion: We may delete your user-generated content, except as required by law or our Privacy Policy.
10. Dispute Resolution
10.1 Informal Resolution
- Contact Us: We encourage you to contact us to resolve any issues before seeking formal legal action.
10.2 Alternative Dispute Resolution (ADR)
- European Users: You may refer disputes to an ADR entity in compliance with the EU Directive on Consumer ADR.
- GCC Users: ADR mechanisms available under local GCC laws may be utilized.
10.3 Governing Law
- European Users: These Terms are governed by the laws of [Insert Applicable EU Country], excluding its conflict of law provisions.
- GCC Users: For users in GCC countries, the laws of the respective country shall apply.
10.4 Jurisdiction
- EU Jurisdiction: Courts located within the EU country specified above will have exclusive jurisdiction over disputes.
- GCC Jurisdiction: Courts of the user’s resident GCC country will have exclusive jurisdiction.
11. Limitation of Liability
11.1 Service Provided “As Is”
- No Warranties: The Service is provided on an “as is” and “as available” basis without warranties of any kind.
11.2 Limitation
- Direct Damages: Our liability for direct damages is limited to the amount you have paid us in the last twelve months.
- Indirect Damages: We are not liable for indirect, incidental, special, consequential, or punitive damages.
11.3 Exceptions
- Mandatory Rights: Some jurisdictions do not allow the exclusion of certain warranties or limitations on damages. These limitations may not apply to you.
12. Amendments to the Terms
12.1 Right to Amend
- Updates: We reserve the right to modify or replace these Terms at any time.
12.2 Notification
- Notice Period: We will provide at least 30 days’ notice prior to any material changes taking effect.
- Method of Notification: Notices may be sent via email or posted on our website.
12.3 Acceptance of Changes
- Continued Use: Your continued use of the Service after changes constitutes acceptance of the new Terms.
- Disagreement: If you do not agree to the new Terms, you must stop using the Service.
13. Governing Law and Jurisdiction
13.1 European Users
- Governing Law: These Terms are governed by the laws of [Insert Applicable EU Country].
- Jurisdiction: Exclusive jurisdiction of the courts in [Insert Applicable EU Country].
13.2 GCC Users
- Governing Law: These Terms are governed by the laws of the respective GCC country in which the user resides.
- Jurisdiction: Exclusive jurisdiction of the courts in the user’s resident GCC country.
13.3 International Use
- Compliance: Users accessing the Service from other locations are responsible for compliance with local laws.
14. Miscellaneous
14.1 Entire Agreement
- Integration Clause: These Terms, along with our Privacy Policy, constitute the entire agreement between you and HoFT Academy.
14.2 Severability
- Invalid Provisions: If any provision is found invalid or unenforceable, the remaining provisions will remain in effect.
14.3 Waiver
- No Waiver: Failure to enforce any right or provision does not constitute a waiver of that right or provision.
14.4 Assignment
- No Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.
- Our Assignment: We may assign our rights and obligations without restriction.
15. Contact Information
If you have any questions or concerns about these Terms, please contact us:
- Email: [email protected]