Terms and Conditions
Version July 30th, 2023
GENERAL TERMS AND CONDITIONS
JWAHER AL-ARABIYAH ACADEMY SDN.BHD.
1. GENERAL PROVISIONS
1.1 The present general terms and conditions (hereinafter: “GTC”) shall regulate and
specify the conditions of the registration made by the Users on the website located at
www.jwaher-edu.com (hereinafter: “Website”) and its subdomains operated by JWAHER AL-ARABIYAH ACADEMY SDN.BHD. Inc. (hereinafter: “JWAHER AL-ARABIYAH ACADEMY SDN.BHD.”, “Service Provider” or “Company”), furthermore the GTC defines
the conditions and the related relevant circumstances of using the learning platform
available at www.jwaher-edu.com (hereinafter: “Platform”)
JWAHER AL-ARABIYAH ACADEMY SDN.BHD. provides age-appropriate online Arabic classes and related subjects for children and adults. By attending the online classes available on the Platform, the children are able to learn Arabic online
individually or in groups with the help of an Arabic teacher (hereinafter: “Teacher”), who is
a contractual partner of JWAHER AL-ARABIYAH ACADEMY SDN.BHD..
JWAHER AL-ARABIYAH ACADEMY SDN.BHD.also provides an platform which allows the Users to schedule the online Classes for their children and them, as well as to monitor their children’s progress and to top up the balance of their User Account, and to get important notifications.
JWAHER AL-ARABIYAH ACADEMY SDN.BHD.provides the Users with the use of the Platform, including Arabic Classes in return for payment (hereinafter: “Payment”), and the Users are able to choose from multiple Payment Constructions according to their preferences.
Accepting the present GTC, the Privacy Policy, the Children’s Privacy Policy and the Cookie
Policy of JWAHER AL-ARABIYAH ACADEMY SDN.BHD. (hereinafter: “Policies”) is a prerequisite of registering a User Account on the Website. The Policies form an integral part of the present GTC and shall be construed in accordance with the provisions of the Policies.
2. DATA OF JWAHER AL-ARABIYAH ACADEMY SDN.BHD.
● Company name: JWAHER AL-ARABIYAH ACADEMY SDN.BHD..
● Registered seat: 548 Market St 8291, San Francisco, CA 94104-5401, United States
of America
● E-mail address: support@jwaher-edu.com
● Language of the contract: Arabic
3. DEFINITIONS
The following capitalized terms shall have the following meanings in the present GTC:
Balance: means a virtual balance, which holds the number of Classes the User purchased
as a Package or a Subscription from JWAHER AL-ARABIYAH ACADEMY SDN.BHD.
Bonus Balance: shall mean a virtual balance which holds an amount of money in the
User’s currency and which can be used to fund part of the User’s Payment Construction.
Class: shall mean an online individual or group class held for the User to study Arabic or related subjects and by a Teacher on the Platform.
Chat Service: means the virtual chat service available on the Website for the Users, which
allows the Users to communicate with the Service Provider online.
Contract: means a specific contract concluded between the Service Provider and the User
for the use of the Services.
E-Safety Policy: means the policy of JWAHER AL-ARABIYAH ACADEMY SDN.BHD. for the purpose of providing a safe, secure
and supportive environment for the Students. The E-Safety Policy shall form an integral part
of the present GTC.
GTC: shall mean the present general terms and conditions of JWAHER AL-ARABIYAH ACADEMY SDN.BHD..
Package: shall mean a type of Payment Construction available for purchase by the User,
which contains a certain number of Classes specified in the description of each Package.
Payment Construction: shall mean the payment constructions available for purchase on
the Website for the Users. The Payment Construction is either a Package or a Subscription.
Platform: shall mean a special software package developed and maintained by JWAHER AL-ARABIYAH ACADEMY SDN.BHD., available at https://www.jwaher-edu.com/ designed for interaction between the Teachers and the Users and where the Classes are accessible by the User.
Premium Payment Construction: shall mean the type of Payment Construction in which
the purchased Classes will be held by native Arabic-speaking Teachers, regardless of
whether the User bought a Package or Subscription.
Services: shall mean all services provided by JWAHER AL-ARABIYAH ACADEMY SDN.BHD. accessible through the Website and the Platform.
Standard Payment Construction: shall mean the type of Payment Construction in which
the purchased Classes will be held by non-native Arabic Teachers with a high level of
Arabic proficiency, regardless of whether the User bought a Package or Subscription.
Student: means the kids above the age of 4 years and adults, who is represented by the
User and who attends the Classes provided on the Platform.
Subscription: means a type of a service that includes a regular, that is, a certain number of
classes per week for a period of 15 calendar days (basic Subscription) or other Subscription
period as stated below. Appropriate Payment Construction is available for purchase by the
User, which is an automatically renewing payment and provides the User with a certain
number of Classes per month specified in the description of each Subscription.
Subscription Period: means a recurring 28-day period starting on the day the User
purchases a Subscription. During these 28 days, the User is entitled to participate in the
Classes purchased with the Subscription. The Long Subscription period can be 45 or 270
days depending on the selected duration and the backage, and includes 3 or 6 periods of the basic
Subscription.
Teacher: means a natural person who is in a contractual relationship with JWAHER AL-ARABIYAH ACADEMY SDN.BHD. and teaches Arabic for the Students via the Platform.
Trial Class: means the first practice lesson, when the Student’s Arabic language or other subjects
knowledge is determined, furthermore the Student and User are familiarized with the
Platform.
User: any natural person who enters into a legal relationship with the Service Provider for
the provision of the Services under the terms of the present GTC.
User Account: shall mean a personal page of a registered User on the Platform, which has
a client part accessible to all Users and an administrative part with information of the owner
of the Personal Account, concealed from other users of the Platform.
Website: means the website located at https://www.jwaher-edu.com operated by
JWAHER AL-ARABIYAH ACADEMY SDN.BHD. and all subdomains thereto through which JWAHER AL-ARABIYAH ACADEMY SDN.BHD. provides the Services, including
the Platform.
4. REGISTRATION OF THE USER, CONCLUSION OF CONTRACT
A Contract is concluded between JWAHER AL-ARABIYAH ACADEMY SDN.BHD. and the User by the registration of the User through the Website, with the following steps:
4.1. The User, in order to access and use the Platform, must register through the Trial Class
interface on the Website.
4.2. The service provided by JWAHER AL-ARABIYAH ACADEMY SDN.BHD. is intended to be used by сhildren and adults, however minors under the age of 16 shall not register an account on the Website. Minors shall only use the Website and the Services with the approval of their legal guardian or representative (e.g.
parent, foster parent, stepparent etc.).
4.3. The User hereby declares and warrants that he or she complies with the terms of this
clause, is not incapacitated, furthermore, if his or her legal capacity is partially limited or
incompetent the legal representative or the legal guardian shall represent him or her,
furthermore understands and acknowledges the provisions of this GTC. In the event of any
breach of this warranty, only the User or its legal representative or legal guardian violating
the warranty shall be liable for any and all damages and costs incurred thereof.
4.4. During the registration the User’s e-mail address, the first and last name, and their
phone number are required. After entering the required data, the User shall choose the date
of the Trial Class.
4.5. After completing the requested information in the registration interface and choosing
the date of the Trial Class, the User declares that he or she has learnt and accepts the
content of the present GTC and declares that he or she has learnt the Policy on the
processing of his or her personal data.
4.6. After completing the registration and accepting the GTC and the Policies, the User
sends its registration to the Service Provider. The Service Provider sends an e-mail
confirming the registration to the e-mail address provided by the User during the
registration.
4.7. The User activates his or her registration by clicking on the link in the confirmation
e-mail, thereafter the system activates the User’s registration and therewith the Contract
between the User and JWAHER AL-ARABIYAH ACADEMY SDN.BHD.is concluded and User is considered to have accepted the Policies.
4.8. After the registration, the User may, at any time, correct or modify the data input errors
or any of his or her data on the Platform, the Website.
4.9. After the registration, the User can add their children’s details to their account by
providing the names and age of the children. Every child added by the User Account has a
separate subprofile in the User Account to access their personal study materials.
4.10. The Service Provider is entitled to modify the detailed profile data of the User.
4.11. The Service Provider shall not be liable for any damages arising from data wrongly
and/or incorrectly given by the User. The User can change the data given during the
registration at any time. The registration shall be done once by the User, in case of further
access to the Platform, this step is not required anymore.
4.12. The Service Provider shall not be liable for any damages arising from being the Users’
e-mail address and/or password available to unauthorized persons. The User can request
assistance from the Service Provider at the support@jwaher-edu.com e-mail address or
via the online chat service available on the WhatsApp, in case the e-mail address and/or the
password is forgotten, lost or becomes available to unauthorized persons.
4.13. Under the present GTC, the Contract between the parties shall be considered as a
written contract in the English language. The Service Provider shall record the data of the
User who concludes the Contract, the place and time of the Contract, and the data provided
by the User during registration and the text of the GTC which is in effect at the time of the
conclusion of the Contract. Upon the request of the User, the Service Provider sends
information on the above to the User in writing. The information shall be considered written
if the respective data is sent to the User’s e-mail address given during the registration or
later in the User Account.
4.14. The Website may be used by any User solely at his or her own
risk and under his or her own responsibility.
5. THE SERVICES
Under this GTC, JWAHER AL-ARABIYAH ACADEMY SDN.BHD. undertakes to provide the User with access to the Platform (including Classes), pursuant to the functions and contents of the payment options specified in the present GTC.
5.1. The Platform
The Platform allows Users to access their User Account and Classes. The User is able to
access Classes only if he or she purchased a Payment Construction as set forth in section
6 of the present GTC.
To be able to participate in the Classes, the User needs a personal computer and internet
access that meets the requirements listed below, which shall be procured by the User
independently and at his or her expense. JWAHER AL-ARABIYAH ACADEMY SDN.BHD. will not be responsible for the impossibility of providing the Classes, or poor quality thereof, due to the inappropriate
functioning of the required software, hardware or internet access on the User’s part.
5.1.1. Minimum technical requirements to be able to participate in the Classes:
● Operating system: Windows 7/8/8.1/10, Mac OS X 10.11 and later; for tablets:
Android or iOS system;
● The latest stable user version of the Google Chrome Browser installed, with the
setting of automatic update enabled;
● RAM: 2 GB or higher;
● CPU: dual-core processor, min. 1.8 GHz;
● A working microphone and camera;
● Internet connection: min. 10 Mbit/s.
5.1.2. Recommended technical requirements to participate in the Classes:
● Operating system: Windows 8/8.1/10, Mac OS 10.11 and later; for tablets: Android or
iOS system;
● The latest stable user version of the Google Chrome Browser installed, with the
setting of automatic update enabled;
● RAM: 4 GB and higher;
● CPU: dual-core processor, min. 2.2 GHz;
● A working microphone and camera;
● Internet connection: min. 35 Mbit/s.
5.1.3. For participating in Classes, the User shall allow access to the microphone and
camera on his or her device.
5.1.4. The User acknowledges that JWAHER AL-ARABIYAH ACADEMY SDN.BHD.
will record a video and photo of the Classes for the purpose of controlling the quality of the Services that JWAHER AL-ARABIYAH ACADEMY SDN.BHD. provides and for the purpose of investigating the claims of the User, furthermore to make the Student and the User able to re-watch and repeat a lesson. The video and photo of the Class shall be stored for 2, that is two years.
5.1.5 Therewith, the User agrees that specific photo or video records may in some cases be
submitted to the Teacher, JWAHER AL-ARABIYAH ACADEMY SDN.BHD., state authorities or courts subject to legal grounds for such submission.
5.2. THE CLASSES
5.2.1. Trial Class
Before purchasing a Payment Construction, JWAHER AL-ARABIYAH ACADEMY SDN.BHD. will hold a Trial Class for the User.
Trial Classes are aimed to familiarize the Student and the User with the Platform, as well as
to determine the level of Arabic proficiency of the Student.
Completing a Trial Class is not a prerequisite for beginning the Classes, however without a
prior assessment of the Arabic language knowledge of the Student, he or she may only
begin with the introductory level. The completion of the Trial Class is mandatory for the
Student to begin learning at a higher level.
The Teacher of the Trial Class, contrary to the provisions set forth under section 5.2.2 of the
present GTC, is selected by JWAHER AL-ARABIYAH ACADEMY SDN.BHD., and is not subject to the decision of the User.
The User is permitted to postpone or cancel a Trial Class not later than 10 that is ten hours
before the start of the Trial Class. The User’s failure to meet this specified deadline shall
mean that the User agrees to the time of the Trial Class. If at the time set for starting the
Trial Class the User is unavailable within the initial 10 that is ten minutes, the Teacher may
stop waiting for the User, and the Trial Class shall be considered to have been held. In this
case, JWAHER AL-ARABIYAH ACADEMY SDN.BHD. may refuse to hold a repeated Trial Class for the User.
The balance point provided by JWAHER AL-ARABIYAH ACADEMY SDN.BHD.to the User after the registration shall only be utilized to complete the Trial Class and cannot be converted into standard or premium
Balance point.
After the Trial Class, In this
case, JWAHER AL-ARABIYAH ACADEMY SDN.BHD.may refuse to hold a repeated Trial Class for the User.
The balance point provided by JWAHER AL-ARABIYAH ACADEMY SDN.BHD.to the User after the registration shall only be utilized to complete the Trial Class and cannot be converted into standard or premium
Balance point. may recommend a Teacher as well as a Class schedule for the Student depending on the Student’s proficiency. JWAHER AL-ARABIYAH ACADEMY SDN.BHD’s assessment of the Student’s
Arabic proficiency may differ from the assessment that the User previously received from a
third party.
5.2.2. Selecting a Teacher and scheduling the Classes
The User is allowed to select from the Teachers available depending on the Student's
proficiency in Arabic language and the desired schedule of the User.
JWAHER AL-ARABIYAH ACADEMY SDN.BHD.is entitled to reserve time in a Teacher’s schedule for Users with Subscription.
However, if the User fails to pay the Subscription 24, that is twenty-four hours before the
start of the Class, the reservation shall be cancelled.
JWAHER AL-ARABIYAH ACADEMY SDN.BHD. may replace the Teacher in its sole discretion.
5.2.3. Procedure of the Classes
The Class’s starting time shall be the starting time set in the Class Schedule of the User.
The User is able to join a Class via the Platform at the starting time of the Class by clicking
on the “Enter class” button. In order to start the Class, both the Teacher and the Student
shall be present in the virtual classroom.
The Class lasts for 25, that is twenty-five minutes from the scheduled starting time. If the
User or the Teacher faces technical difficulties during the Class, for example they lose their
internet connection and get disconnected, they are able to reconnect to the Class in the
scheduled timeframe.
Only the presence of the Student is mandatory during the Classes, however Service
Provider advises the User to be present at the Classes for the first 4 or 5 Classes of the
Student to help the Student to get familiar with the interface of the Platform as well as the
Teacher.
The Classes shall be held in the Arabic language, and the Teacher is prohibited to use any
other language during the Class, except when the User or the Student faces technical
difficulties.
During the Classes, both the Student and the User should comply with the E-Safety Policy
of the Service Provider. The video and photos of the Classes are recorded by the Service
Provider in accordance with the Policy, and therefore the Classes are re-watchable by the
Users and the Students to repeat the lesson.
At the end of every Class, the Teacher may provide the Student with homework which is
preferably required to be done on the Platform by the next Class of the Student.
In order to leave the virtual Classroom, the Student or the User should click on the “X”
symbol in the browser’s window or click on the “Exit” button on the
bottom.
The Class is considered to be conducted properly if the User has not notified The Service
Provider about a complaint against the quality of the Class within 24, that is twenty-four
hours from the time of the Class. The Service Provider reserves the right to consider the
User's complaint on an individual basis and, if there are valid reasons, to return the lesson
to the User’s Balance.
5.2.4. Cancellation and postponement of Classes
Cancellation and postponement of the Classes by the User without a loss of Balance may
be arranged not later than 10, that is ten hours before the start of the Class. The User’s
failure to meet this deadline shall mean that the User agrees to the proposed time of the
Class, and if the Student is absent from such Class, Payment for it shall not be refunded to
the User.
Without writing-off from the Balance, the User shall be entitled to a one-time postponement
of Class with the Teacher for not less than 10, that is ten hours before the start of the Class.
The number of possible postponements and/or cancellations of Classes
without losing a place in the Teacher’s schedule depends on the intensity of the User’s
Class schedule.
In such a case, if there is no available time in the Teacher’s schedule within the period of 7,
that is seven days, the User shall lose the place in the schedule and one Class shall be
written off from the User’s Balance. In case of postponement or cancellation of an already
postponed Class (postponed for less than 10, that is 10 hours before the start of the Class), one Class shall be written off from the User’s
Balance. JWAHER AL-ARABIYAH ACADEMY SDN.BHD.reserves its right to consider the User’s appeal if there is no time available in the Teacher’s schedule.
The Teacher shall have the right to postpone and cancel Classes, having informed JWAHER AL-ARABIYAH ACADEMY SDN.BHD.in advance. In this case Class will not be written off from the User’s Balance.
5.2.5. Absence from the Classes
If the Student is absent from the Class on the Platform at the starting time scheduled for it,
the Teacher shall wait for the Student for 25, that is twenty-five minutes. If the Student fails
to start the Class in this timeframe, or if the User fails to notify the Service Provider in
advance of the Student’s impossibility to attend the Class, this Class shall be considered to
have been held and shall be written off from the Balance of the User.
Classes that have not been held due to the Teacher’s fault shall be subject to free
cancellation (without writing it off from the User’s Balance) or shall be postponed to another
time in the Teacher’s schedule convenient for the User.
5.2.6. Communication regarding the Classes
Communication between the User, the Teacher and the Service Provider regarding the
classes shall be done via the Platform’s chat service.
JWAHER AL-ARABIYAH ACADEMY SDN.BHD.shall inform the User about the assignment of Classes, the cancellation of Classes, and other events via an e-mail , WhatsApp or an SMS message sent to the contact details provided by the User. Due to the nature of such communications,
JWAHER AL-ARABIYAH ACADEMY SDN.BHD.does not guarantee delivery of such messages.
The User shall inform the Service Provider about the postponement or cancellation of the
Class via the WhatsApp, or email.
6. PAYMENT CONSTRUCTIONS AND CONDITIONS
6.1. Payment of the User
In order to access the Services available on the Platform, the User must choose and pay for
a Payment Construction on the Website. The User is able to pay for the Services via the
Platform.
6.2. Payment Constructions
The User is able to choose Standard or Premium Payment Construction. In both Payment
Constructions, the User is able to choose a Subscription or a Package.
If the User chooses a Standard Payment Construction, the number of Classes purchased
by them will be held by non-native Arabic speaker Teachers with a high level of Arabic
proficiency.
If the User chooses a Premium Payment Construction, the number of Classes purchased by
them will be held by native Arabic speaker Teachers.
The price of the Payment Construction depends on whether the User chooses a Standard
or a Premium Payment Construction and also on whether the User purchases a
Subscription or a Package. The current prices of the different combined Payment
Constructions are available on the Website.
6.2.1. Subscription
When the User chooses a Subscription and appropriate Payment Construction, he or she
authorizes JWAHER AL-ARABIYAH ACADEMY SDN.BHD.academy to make a recurring charge to their provided payment details every 28,
that is twenty-eight days (4, that is four weeks) from enabling the Subscription, for a fixed
amount of money indicated on the Website until they cancel their Subscription. Long
Subscription is a one-time payment without auto-renewal.
The versions of the Subscriptions (Classes per week) available by the time of a Payment
are indicated on the Website. If the Subscription version chosen by the User is not available
anymore, however such Subscription is not canceled by the User, the deletion of that
version of the Subscription shall not affect ongoing Subscription.
The User is able to schedule the purchased Classes on the Platform according to his or her
preferences.
The User may cancel the automatic renewal of the Subscription manually on the Platform or
by sending a cancellation request to the Service Provider through email or WhatsApp not later than
1 working day before anticipated cancellation. Upon such request, JWAHER AL-ARABIYAH ACADEMY SDN.BHD.shall cancel further automatic renewal of the User’s Subscription.
6.2.2. Package
If the User purchases a Package, taking into account the provisions of clause 6.2 para 1,
their Balance will be topped up by the number of Classes included in the Package selected
by the User for purchase. The Package is not a recurring Payment Construction, therefore
when the User used all the Classes on his or her Balance, he or she will not be able to
access the Services until he or she makes a next payment as set forth in the present GTC,
and Classes will not be added to the Balance until another purchase is made manually.
The size of the Packages (Classes per Package) available at the time of a Payment is
indicated on the Website. Once the Package is bought, the number of the purchased
Classes will immediately show on the User’s Balance.
The User agrees that if there are unused lessons on the User's Balance during the period that mentioned after purchase the package by the user, service under the above
Package is considered to be provided in full, and the Company does not have any
obligations to refund the Payment to the User. In this case, the Balance in the User account
becomes zero.
6.3. Promotions and discounts
JWAHER AL-ARABIYAH ACADEMY SDN.BHD.is entitled to provide discounts (hereinafter: “Discounts”) and special offer
purchases and promotions (hereinafter: “Promotions”) to the Users at dates and duration
determined solely by JWAHER AL-ARABIYAH ACADEMY SDN.BHD. the availability and conditions of the Discounts and Promotions shall be indicated by the Service Provider on the Website or on the Platform to
inform the User. The Service Provider is entitled to introduce, terminate, and modify the
conditions of the Discounts and Promotions at its own discretion, of which change shall be
without delay indicated on the Website or the Platform to inform the Users.
JWAHER AL-ARABIYAH ACADEMY SDN.BHD. may also provide certain discount codes (hereinafter: “Discount Code”) that can be used by the Users in a limited timeframe. Discount Codes provide either a percent off or a certain amount of money deducted from the full price of the Payment Constructions indicated on the Website.
6.4. Payment systems and issuing invoice
6.4.1. Payment system
Users are required to pay the total purchase price of the Payment Construction in order to
participate in Classes. Payment can be made through various payment methods we have available, such as Visa, MasterCard or online payment methods.
Payments cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of Your Order.
In all cases, the payment process related to the purchasing of the Payment Construction is
processed by SENANGPAY as a third-party payment processor, depending on the payment method
chosen by the User for purchase which means the User shall be bound by the terms of that
third-party payment processor.
6.4.2. Issuing invoice
JWAHER AL-ARABIYAH ACADEMY SDN.BHD. will only issue an electronic invoice after the Payment of the User, which will be sent to the e-mail address provided by the User at registration or in the User Account.
6.5. Refunds
The User agrees that in case of a Subscription no refund is provided.
7. OBLIGATIONS OF THE USER
7.1. By registration, the Users are obliged to provide their and their child’s data correctly.
The User shall be liable for all damages and costs incurred by the Service Provider, the
User or a third person as a result of the User providing incorrect data.
7.2. The User, in terms of the personal data and the documents uploaded by the User
during and after registration, is obliged to comply with the applicable legislation. The User
and the Student shall refrain from any conduct that violates the provisions of this GTC, the
rights of others, or is otherwise unlawful, misleading, discriminatory or unfair.
7.3. The User and the Student may not upload viruses or malicious code and may not
display any behaviour that overloads the Website or the Platform, or makes
them inaccessible, or prevents their operation.
7.4. The User and the Student shall be liable for any damages (including any restitution)
that arise at the Service Provider or at a third party, because the User or the Student has
not complied with his or her obligations set out in the present GTC. JWAHER AL-ARABIYAH ACADEMY SDN.BHD. reserves the right to remove, without delay and without notice to the User, any User content that violates the present GTC, or to exclude the User and the Student from any further use of the
Service, if he or she publishes such content directly or indirectly.
7.5. The Service Provider expressly excludes any liability for any damages, including any
restitution, arising from erroneous, false, ambiguous or unlawful content provided by the
User or the Student.
7.6. The User and the Student are obliged to comply with the provisions of this GTC and of
other bylaws of the Service Provider. Any damages, including restitution, resulting from the
violation of such provisions shall be borne by the User JWAHER AL-ARABIYAH ACADEMY SDN.BHD.reserves the right to
exclude such a User without any notice from the Service who violates the obligation set out
in this clause.
7.7. The User acknowledges that if, for reasons of unlawful behaviour or of any other
behaviour that infringes the current GTC or any other document the Service Provider
publishes, the User is banned from the Services and the service fee already paid by the
User shall not be recoverable.
8. AMENDMENT, TERMINATION OF THE CONTRACT
8.1 The Service Provider shall be entitled to amend the present GTC and it’s integral parts
unilaterally at any time. The Service Provider publishes the amendment GTC on the
Website and notifies its Users thereon in a system message or in an e-mail sent to their
e-mail address provided in the User Account. The amended GTC shall apply to the Services
which are initiated both prior to and subsequent to the publication of the amended GTC.
8.2 The User shall be entitled to cancel his or her registration at any time by sending an
e-mail to the support@jwaher-edu.com e-mail address or via the Chat Service, which
shall also mean the termination of the Contract concluded with the Service Provider. By
cancelling the registration, the User’s profile will be terminated, therefore the User cannot
access Classes anymore.
8.3 The Service Provider shall be entitled to unilaterally terminate the Contract with
immediate effect, if the User violates any of its obligations set out in this GTC and in any
other bylaws of the Service Provider or in applicable law.
8.4 If the Service Provider detects, becomes aware, furthermore the possibility arises that
the User registered and / or uses the website without the consent of the legal
representative or legal guardian in case of minor User under the age of 16, or the legal
guardian in case of incapacitated User or User with partially limited capacity, the Service
Provider is entitled to notice the User to verify in a reliable way in a reasonable time, but not
more than 5, that is five days that the consent of the legal representative or the legal
guardian has been given. If the User does not verify in a reasonable way the consent of the
legal representative or the legal guardian, the Service Provider is unilaterally entitled to
terminate the Contract with an immediate effect and to delete the User Account.
8.5 The Service Provider reserves the right to terminate the Contract concluded by
accepting this GTC.
8.6 JWAHER AL-ARABIYAH ACADEMY SDN.BHD. shall notify the User on the termination of the Contract by sending a message to the e-mail address or phone number provided by the User during registration.
9. INTELLECTUAL PROPERTY
9.1 By accepting this GTC, the User acknowledges that the Services, including, but not
limited to, data, information, pictures, texts, music, audio contents, any other contents,
illustrations, user interfaces, audio and video clips, editorial content, as well as scripts and
software used for the implementation of Services, contain such proprietary information and
material the right holders of which is JWAHER AL-ARABIYAH ACADEMY SDN.BHD., and which are protected by applicable intellectual property or other legislation, including, but not limited to, copyright protection.
The User accepts that they may not use such proprietary information or contents in any
other manner than the private, non-commercial use of the Services set out in this GTC. It is
prohibited to reproduce any part of the Services in any form or by any means unless
expressly permitted by this GTC. The User acknowledges that he or she may not, in any
way, modify, let, sell or distribute the Services or any part thereof, and he
or she shall not be entitled to use the Service in any manner expressly not permitted.
9.2 The JWAHER AL-ARABIYAH ACADEMY SDN.BHD. name, the JWAHER AL-ARABIYAH ACADEMY SDN.BHD. logo and any other trademarks, illustrations and logos used in relation to the Service are trademarks of the Service Provider or the Service Provider has the right to use them. The User shall have no rights or no right of use in respect of the above-mentioned trademarks or intellectual property.
9.3 The content of the Website, including, but not limited to, its graphic
elements, text and technical solutions, the layout and design of the
Website (including the Platform) interface, the software and other solutions, ideas and
implementation used, as well as the content on the Website published
by the Service Provider are the intellectual property of the Service Provider protected by
copyright. The copying thereof, in whole or in part, violates copyrights.
9.4 The use of the Website shall under no circumstances result in the
source code being decrypted or deciphered by anyone or in any other way infringe the
intellectual property rights of the Service Provider. It is also forbidden to adapt or decrypt the
content or any part of the Website; to unfairly create a User Account; the
use of any Website or any of its part can be modified or indexed (e.g. search bot, or any other decryption).
10. EXCLUSION OF WARRANTY, LIMITATION OF LIABILITY
10.1 The Users may only use the Services at their own risk and accepts that the Service
Provider shall not be liable for any material damages or personal infringements arising in
connection with the use, apart from the liability for damages caused deliberately, by gross
negligence or criminal offenses, as well as for breaches of contract causing death or injuries
to physical integrity or health.
10.2 The Service Provider excludes any liability for the User’s or the Student’s conduct. The
User and the Student are fully and exclusively liable for their own conduct, including the
data and other documents recorded in the Website, in such a case,
the Service Provider shall cooperate fully with the competent authorities to detect
infringements.
10.3 JWAHER AL-ARABIYAH ACADEMY SDN.BHD. shall be entitled but shall not be obliged to monitor the content that may be made available by the User in the course of the use of the Services, and the Service
Provider shall be entitled but shall not be obliged to look for signs of illegal activity with
respect to the recorded videos or photos of the Classes. The User acknowledges that the
Service Provider does not assume any obligations or liability for any data which are edited
or uploaded by the User.
10.4 The User shall be liable to the Service Provider for any damages sustained by the
Service Provider caused by the User’s or the Student’s non-compliant and/or unlawful use
of the Services.
10.5 In lack of the prior written consent of the Service Provider, the User is not entitled to
use the Services for advertising or other promotional or political purposes.
10.6 If the User detects any objectionable content (which, in particular, violates the rights or
legitimate interests of others, is defamatory, humiliating, abusive, inflammatory, of sexual
content and threatens minors, etc.) or observes unusual operation on the Services, he or
she shall immediately notify JWAHER AL-ARABIYAH ACADEMY SDN.BHD. thereon. If the Service Provider finds the notification
well-founded, it shall be entitled to cancel or modify the information immediately.
10.7 The Service Provider shall operate the Services with reasonable diligence and
expertise. The Service Provider will do its best to ensure the continuous availability of the
Services available on the Website, however, due to the nature of the
Internet, the Service Provider cannot guarantee the continuous operation and the continuity
of the Services. The Service Provider shall not assume any liability for any direct or indirect
damages caused by technical shutdowns, breaks independent of the Service Provider
or programs placed by third parties. Furthermore, the Service
Provider shall not assume any liability for any direct or indirect damages caused by
breakdowns, pauses or any other defects, inaccessibility may occur at the service providers
(e.g. Google, Apple) used by the Service Provider. The Service Provider will take all
reasonable steps to ensure the visits on the Website and the use,
safety and reliability of the Website, however, technical errors may still
occur, and the Service Provider presumes that the User acknowledges the possibility of
such technical errors.
10.8 JWAHER AL-ARABIYAH ACADEMY SDN.BHD. does not make any further statements and undertakes no further warranties
regarding the Services, thus, in particular, it does not warrant that:
● The User may use the Services without interruption and without error. The User
acknowledges, that the Service Provider may remove, from time to time, the
operation of the Services for an indefinite period, or suspend or terminate the
operation of the Service for technical, operational reasons at any time, on which, if
possible, the Service Provider informs the User;
● The Services will be free of loss, malfunction, attack, viruses, intervention,
interference, hacking or other harmful interference affecting security, which events
are considered as Force Majeure events, and for which the Service Provider shall in
no way be held liable. It is the User’s responsibility to make backups on or from his
or her system prior to, during and after the use of the Services, including any content
or data used in connection with the Platform.
10.9 The User agrees to use the Platform, the Website only for
purposes permitted by these GTC as well as any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdictions. Specifically, the User agrees
and warrants that in using the Platform, the Website, the actions of the
User do not contravene the laws, rules, or regulations of (1) the country, state, or locality
where you reside, or (2) the country, state, or locality where the Platform, the Website is located or operates. This includes complying with applicable export and
import restrictions as well as other restrictions.
11. Miscellaneous provisions
11.1 JWAHER AL-ARABIYAH ACADEMY SDN.BHD. may communicate its legal statements relating to this GTC with effect to the
User in a system message sent to the e-mail address provided by the User during
registration. The system message shall be considered to be delivered to the e-mail address
registered by the User at the time of sending it. The data stored by the Service Provider's IT
system shall be applicable to determine the sending time of the system message.
11.2 JWAHER AL-ARABIYAH ACADEMY SDN.BHD. is entitled to place advertisements or other marketing-related content at any
time on the Website.
11.3 JWAHER AL-ARABIYAH ACADEMY SDN.BHD. reserves the right to make changes or corrections to the Website without prior notice at any time. The Service Provider also reserves the right to
place the Website under a different domain name.
11.4 Any dispute arising from this Contract shall be governed by the laws of the State of
Terengganu MLAYSIA without giving effect to any principles of conflicts of laws. The sole and
exclusive jurisdiction for any dispute arising out of or in connection with this Contract shall
be settled in an appropriate state or court in KULA TERENGGANU.. By accepting this GTC, the User hereby irrevocably waives objection to and
consent to the jurisdiction of the courts of the State of California, United States of America.
11.5 This GTC shall enter into force upon publication on the Website and shall remain in
force until its cancellation or amendment.
Please accept the present GTC only, if you agree with the above. If you have any further
questions regarding the GTC, please contact us at support@jwaher-edu.com.
Previous version: August 30th 2023