This Agreement binds you or the company you represent ("you," or "your") to the terms and conditions set forth herein in connection with your use of MEDSPARK ("our", "we", "company", or "MEDSPARK") software, mobile applications, services, or other offerings on our site (collectively, our "Products"). By using any of the company products or services you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all or part of the terms and conditions of this Agreement, do not use company’s products; Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Company's acceptance is expressly conditioned upon your acceptance of all the terms and conditions of this Agreement, without limitation of any terms or conditions of such Agreement. If these terms and conditions are considered an offer by the company, acceptance is expressly limited to these terms.
- Additional Terms.
If you have signed up previously with our company or using any of the products, you are also subject to the relevant terms and conditions contained here in the United Arab Emirates, our country of domicile.
- The Subject of the Mentor.
Our products enable learners ("Learners") to connect with independent contractor mentors (the "Mentors") who provide live and recorded instruction, tutoring, and learning services through our online classrooms (the "Courses"). Learners and mentors are, collectively, "Users."
Products include, without limitation, producing, facilitating, hosting courses, and supporting materials, and taking feedback from users.
MEDSPARK reserves the right to revise these terms at its sole discretion at any time by posting the changes on the website. Changes become effective thirty (30) days after posting. Your continued use of products after a change becomes effective shall mean that you accept those changes. You should visit the website regularly to ensure that you are aware of the latest version of the terms. Notwithstanding, no revisions to these terms will apply to any dispute between you and the company that arose prior to the date of such revision.
MEDSPARK may modify the products and/or services or discontinue their availability at any time by its sole discretion.
You are solely responsible for all service, telephony, data charges, and/or other fees and costs associated with your access to and use of the products, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If you choose to access or use products that involve payment of a fee and agree to pay, then you will be responsible for payment of that fee and all taxes associated with such access or use. If you provide credit card or other payment method information to pay for such fees, then you hereby are authorized to supply such information and hereby authorize the company to charge your credit card to pay the fees as they are due.
If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us, and/or retaining collection agencies and legal counsel. We may also block your access to any products pending resolution of any amounts due by you to the company.
All of your use, access, and other activities relating to the website and the products must be in compliance with all of the applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity.
In connection with your use of the products and website, you must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the products or the operation of the website, frame or embed the website or the products, impersonate another person or gain unauthorized access to another person's account, introduce any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, telecommunications equipment, or any other aspect of the products or operation of the website; scrape, spider, use a robot, or other automated means of any kind to access the products.
- General Disclaimer.
The website is only a marketplace for mentors and learners. We do not hire or employ mentors nor are we responsible or liable for any interactions involved between the mentors and their respective clients. We are not responsible for disputes, claims, losses, or damage of any kind that might arise out of or relate to the conduct of mentors or learners, including, but not limited to, any learner's reliance upon any information provided by a mentor.
We do not control submitted content (as defined below) posted on the website and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of such submitted content. You also understand that using the products may expose you to submitted content that you consider offensive, indecent, or objectionable.
MEDSPARK has no responsibility to keep such content from you and no liability for your access or use of any submitted content to the extent permissible under applicable law.
The website and products may give you access to links to third-party websites ("Third Party Sites"), either directly or through courses or mentors.
The company does not endorse any of these third-party websites and does not control them in any manner. Accordingly, the company does not assume any liability associated with third-party websites. You need to take appropriate steps to determine whether accessing a third-party website is appropriate, to protect your personal information and privacy on such a third-party website.
You may only access the products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the products. You agree not to use the products or company content (as defined below) to recruit, solicit, or contact in any form mentors or potential users for employment or contracting for a business not affiliated with us without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any mentor or other users of the products.
- Specific Obligations of Learners Using the Site.
If you are a user in search of or participating in a course, then you are a learner and the following additional terms and conditions apply, and you represent, warrant, and covenant that:
- You have read, understood, and comply with all applicable laws and regulations with respect to the use of the website and products.
- Agree to be bound by the pricing information (see the Pricing section below) before using the website or registering for a course.
- Minors under the age of 18 shall be prohibited to register as users of this website, and are not allowed to transact or use the website.
- You are over the age of 18, or, if not, you will only use the products with the involvement, supervision, and approval of a parent or a legal guardian.
- You will not upload, post, or otherwise transmit any virus or any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (commercial or otherwise) to the website or the products.
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libelous content, against any faiths related, political, age-sensitive, or explicit topics.
- You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, or otherwise use and exploit any company’s content; products, courses, or submitted content except as permitted by these terms or the relevant mentor as applicable.
- You will not disclose any personal information to a mentor, and otherwise will assume responsibility for controlling how your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information.
- You will not solicit personal information from any mentor or other user.
- You will not use the services in any manner, or in connection with any content, data, hardware, software, or other materials that infringe upon or violate any patent, copyright, trade secret, trademark, or other intellectual property rights of any third party, or that constitutes defamation, invasion of privacy, or violation of any right of publicity or another third party right, or that is threatening, harassing, or malicious.
To use certain products, you will need to register and obtain an account, username, and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under your account. You represent and warrant that your account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each use of the products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of the use of your account, either with or without your knowledge, prior to notifying us of unauthorized access to your account.
You may not transfer your account to any other person, and you may not use anyone else's account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user, (ii) controlling the user's access to and use of the products, and (iii) the consequences of any misuse.
- Effective Subscription and Cancellation
Your subscription will remain valid on a yearly or a monthly basis (depending on your subscription plan), unless and until You cancel the subscription or until the interruption and/or suspension of Services under the conditions.
Plan prices are subject to change and may vary based on country, currency conversion rate, bank fees and subscription plan.
If you wish not to continue using the service, you must cancel your subscription prior to the next billing date, to avoid auto-renewal.
Once the subscription fees have been withdrawn, we will not be able to refund any amounts.
Cancellation of your subscription will be effective starting the end of your billing cycle. You can cancel your subscription through your account settings.
When you cancel your subscription, any benefits or discounts granted on the cancelled subscription will be obsolete and will not be valid upon re-subscribing.
- Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof are considered as "Content."
The company hereby grants you (as a user) a limited, exclusive, and non-transferable license to access and use submitted content and company content, for which you have paid all required fees solely for your personal, non-commercial, and educational purposes through the website and products, in accordance with these terms and any conditions or restrictions associated with particular courses or products.
You agree that we may record all or any part of any courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating, or operating the website and products. You hereby grant the company a permission to use your name, likeness, image, or voice in connection with the offering, delivering, marketing, promoting, demonstrating, and selling the website, products, courses, company’s content, and submitted content, and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
All rights not expressly granted in these terms are retained by the content owners, and these terms do not grant any implied licenses.
- Pricing for Paid Courses
If you are a learner, then you agree to pay the fees for courses that you take, and hereby authorize us to charge your credit card or other means of payment for these amounts. We will charge your credit card or other means of payment for all amounts owed.
All payments should be made to benefit of MEDSPARK.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and merchant policies and rules.
We accept payments online using Visa, MasterCard, and credit/debit cards in AED, or any other agreed currency.
Debit/Credit Card Information
- If you choose to pay your subscription fees via debit/credit card, your card information will be saved and the fees withdrawal will be automatic based on your plan (monthly/yearly).
- If you wish to stop using a saved card, you must provide the information of another card. You can add several cards to your account and change the default one at any time.
- If your card information is expired or there is not enough balance in your card, then we will notify you and you will enter a grace period of up to 5 days. If a working payment method was not used to pay the amount within the grace period, then we will suspend your subscription, saving all your progress and settings, but you will no longer be able to make use of any paid product or material on our website.
In the event that the sale, subscription or delivery of a course or any submitted content to any learner is subject to any value-added tax "VAT", under applicable law, the company will collect and remit the VAT to the competent tax authorities for sales of such courses.
Company’s online platform may default the sale currency based on your geographic location. The currency of any transaction will match the sale currency displayed to you on the website. You cannot change your displayed currency.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time.
Refund for subscription:
All services or products provided by the company, which are subject to Subscription(s) payments are final and are generally nonrefundable. You may cancel a Recurring Subscription at any time, but if you cancel your subscription(s) before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period.
Refund for Course/s purchased:
Due to the nature of the product, the general rule is that MedSpark does not provide refunds for Courses sold. All sales of Courses from MedSpark are final. Yet MEDSPARK makes refunds of the sold courses under the following conditions:
- The refund request should be received within maximum a week of buying the course.
- If the buyer did not watch more than 20% of the course videos
- If the buyer had never bought this course before.
- Refunds will be done only through the Original Mode of Payment
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at MEDSPARK sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Most refunds will be returned via the same original payment method made by the user. Please note that certain restrictions may apply, and some purchases may only be eligible for credit refunds.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the website, products, or in any company content, are our registered or unregistered trademarks, or of our suppliers, or third parties and are protected pursuant to applicable trademark laws. All rights are reserved and you may not alter or obscure the trademarks, or link to them without our prior approval.
- Warranty Disclaimer
The products, website, company content, submitted content, courses, and any other materials made available on or through the website or the products are provided "as is," without any warranties of any kind and to the fullest extent permissible under applicable law, ALMENTO hereby disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of the content, or availability.
- Removal of Content Used Without Clear Rights
ALMENTO reserves the right to remove any photos, captures, images, figures, tables, illustrations, audio and video files, or other confidential or proprietary content, whether before or after publication, if concerns are raised about copyright, license, or permissions and the MENTOR(s) are unable to provide documentation confirming that appropriate permissions were obtained for publication of the content.
- Limitation of Liability
To the fullest extent permissible under applicable law, neither party shall be liable hereunder any theory of liability, including, without limitation, contract, the tort of negligence, for any losses, unless such losses were reasonably foreseeable at the time you agreed to these terms.
The company's total liability hereunder shall be limited to the amounts paid in connection with the courses or products under which such liability arose.
This section does not exclude or limit either party's liability for fraud, for death, or any other liability that cannot be limited or excluded by Laws and Regulations.
We may immediately terminate your use of the products or website immediately without notice, for any breach done by you according to these terms or any of our applicable policies, as posted on the website from time to time. We may discontinue offering any product, course, or content at any time (which will terminate your right to offer these courses if you are a mentor).
You may terminate your use of the website or the products at any time, either by ceasing to access them or by contacting us.
You must cease all use of the website, products, and content. Any accrued rights to payment and terms contained herein relating to representations and warranties shall survive termination.
- Availability of the Site
You might recognize that the traffic of data through the internet, may cause delays during the download of information from the website, and accordingly, you should not hold the company liable for delays that are ordinary in the course of internet use.
You further acknowledge and accept that the website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the company’s upgrading, modification, or standard maintenance of the website.
- Third-Party Links or Information
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
A subscriber that leaves this website to access these third-party sites, does so would hold and bear the full risk for any such access and have no rights now or in the future to claim for any direct or indirect damages related to such access to a Third-Party Link to their sites and services.
- Force Majeure
Company will not be liable for any failure to perform or delay in performance of, any of its obligations that are caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond the company’s reasonable control, or an unforeseeable, irresistible occurrence including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third-party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fiber optic cable cuts, interruption or failure of telecommunications or digital transmission links, internet failures or delays, storms, or other similar events. If a default/failure due to a force majeure shall continue for more than Forty Five Days (45) Days (from the date of the occurrence of the force majeure in question), MEDSPARK would have the sole right to terminate this AGREEMENT pursuant to termination notice.
- Governing Law
Any dispute or claim arising out of or in connection with these Terms & Conditions or in connection of the use and benefit of www.Med-Spark.com website, should be governed and construed in accordance with the applicable Laws and Regulations in UAE.
Any dispute arising out of this Agreement or arising therefrom or related thereto in any manner whatsoever, or in respect of any legal relationship associated therewith or derived therefrom, shall be referred to the jurisdiction of Dubai Courts.
- Entire Agreement
These terms and conditions and any policies applicable to you posted on the website, constitute the entire Agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral Agreements between the parties with respect to such subject matter.
The invalidity, illegality or unenforceability of any and all the provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability shall not affect or impair the continuation in force of the remainder of this Agreement .
MEDSPARK would use all reasonable efforts to replace it in that respect with a valid and enforceable substitute provision the effect of which is as close to its intended effect as possible.
A provision of these terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of the company to exercise or enforce any right or provision of these terms, will not constitute a waiver of such right or provision.
- Validity of Terms
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall continue valid in case of early termination of these Terms and Conditions of Service or Products.
- Electronic Notices
By using the products or communicating with the company, you agree that the company may communicate with you electronically regarding security, privacy, and administrative issues related to your use of the products or these terms. If the MEDSPARK learns of a security system's breach, it may attempt to notify you electronically by posting a notice on the products or sending you an email.
Any Notices given under this Agreement shall be reduced to writing and may be delivered by hand or sent by internationally-recognized courier service, e-mail or fax to the physical address, e-mail address or facsimile number that is applicable to each Party.
Any such notice shall be deemed successfully given: (1) if delivered personally, at the time of delivery; (2) in the case of an internationally-recognized courier service, on the date of its delivery confirmation; or (3) in the case of e-mail or facsimile, at the time of such successful transmission.