TERMS AND CONDITIONS

TERMS AND CONDITIONS

NAJAHNOW PLATFORM AND SERVICE

1. These terms and conditions ("Terms") govern your access to the information contained on the NajahNow website (the “Website”), the use of NajahNow service (“Service”) of connecting students with teachers using the provided online communication link, and your access or the use of other related materials or services (“Other”) provided or made available now or in the future by NajahNow.

2. “NajahNow”, “iNajah” and “Connecting Students Anywhere to Teachers Everywhere” are registered trademarks.

3. “NajahNow”, “we”, “us”, “our”, and similar means NajahNow Corp and/or its affiliates, as the context requires.

4. “You” or “your” means you, the person; teacher or student, who is using or uses or used the Service or a parent or other person paying for Service.

5. You are required to accept and to agree to be bound by these Terms.

6. If you are paying for Service on behalf of a student, you and the student accept the Terms.

7. We reserve the right to change, modify, or update the Website at any time, to impose additional restrictions or limitations on the Service, or to change, modify or update the fees charged for all or a portion of the Service.

8. You agree that we have no responsibility or liability for bad communication or failure to communicate or store any data or other content maintained or transmitted during the Service.

9. You consent to our collection and processing of your personal information in order to provide you with the Service.

10. We may decide what features to include in the Service and whether to make them optional or mandatory. You acknowledge that we reserve the right to change these features with or without notice.

11. All fees payable by you to us are for using the Service and no other fees are paid to / received by any person using the Service directly or indirectly.

12. You consent that we record the teacher-student online sessions as part of our Service to protect both teacher and student from misconduct, to improve our Service and do research in learning and teaching.

13. It is your responsibility that during the Service all networks, computer and operating systems, software and other systems are of top working quality and the Internet speed is at least 1 MByte per second and employ security measures to prevent unauthorized access to the Service.

14. You agree that by using our Service you do not promote, encourage or facilitate any illegal activity, violate the law or violate the rights of any third party (including, without limitation, intellectual property rights or rights of privacy).

15. When you interact with the Service, we receive and store certain information and statistics, such as number of unique users, number of sessions and total minutes streamed. We use the foregoing information to provide, improve, market and enhance the Service and for other lawful business purposes.

16. You acknowledge that the Platform and the Service are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws.

17. You agree not to share our Service with or without payment with any person without our consent.

18. You will not share teacher-students sessions with anyone except those registered for Service.

19. In using the Service you will not violate any applicable local, state, national or international law, or any regulations having the force of law.

20. You agree that connected teachers and students using our Service have no conflict of interest including that those teachers giving the Service to these students are responsible for grade marks of these students at their schools.

21. You acknowledge that our privacy policy complies with industry standard applicable laws.

22. You agree after each teacher-student session, teachers evaluate students and students evaluate teachers. The evaluation is shared with us and with the person who pays for the session if not the student.

23. You acknowledge that our teachers are not our employees and are subcontractors offering the Service.

24. You hereby grant us to display a top teacher list.

25. You agree that the fee the student pays includes a Service fee of 25% added to what the teacher charges.

26. You agree that student pays fees online for all booked sessions in advance and we pay teacher following the submission of student and teacher evaluation reports.

27. We reserve the right to terminate our Service to teacher or student after emailing them a warning to prevent unsatisfactory performance.

28. We may specify the manner in which you will pay any fees, and any such payment shall be subject to our general accounts receivable policies from time to time in effect.

29. All amounts payable by you under this Agreement will be made without setoff or counterclaim and without deduction or withholding.

30. All fees payable by/to you are exclusive of federal, state, local and foreign taxes (including without limitation, sales taxes, use taxes and value added taxes).

31. You agree that it is your responsibility that your income from the Service is subjected to the tax laws of your country of residence.

32. You agree that, in our sole discretion, we shall issue fee discount, gift certificates or other promotion means to use the Service.

33. You agree that teachers are solely responsible for sharing with students and students are solely responsible for receiving from teachers all material and information, data, text, communications, recordings, videos, music, sound, photographs, messages or other materials ("content") that maybe uploaded, stored, posted, published, displayed or otherwise transmitted or used in connection with the Service.

34. You agree that you do not use alternative methods to access the Service other than what we provide.

35. You may not sell Service you paid for without informing us at least 72 hours in advance.

36. You acknowledge and understand that there are federal, state, local and international laws governing the electronic recording of communications and that we will not be liable for any illegal use of the Service.

37. You agree that students using our Service are not aged 13 or under.

38. You agree to comply with all applicable laws, whether federal, state, local or international, relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded video session that the video session is being recorded.

39. You will not disclose any data or personal information that you derive from the usage of the Service.

40. We may contact you from time to time and you will have the option to unsubscribe from these communications.

41. Should you have any dispute to the Service please contact us within 10 days of the date of the activity that generated such dispute, and we will attempt to resolve the matter within 5 business days.

42. You agree to a cancelation fee of 20% if the student initiates cancellation at least 5 days before the session and 40% if cancellation by the student is done at least 48 hours before the session and no refund is paid if session is cancelled less than 48 hours of the session.

43. You may terminate the Service at any time, for any or no reason, by deleting your account, unsubscribing from the Service, and disabling your access of the Platform and use of the Service. In this case we will refund any outstanding payment you made.

44. These Terms govern your use of the Service and constitute the entire agreement between you and us regarding the subject matter hereof. These Terms supersede any prior agreements between you and us relating to your use of the Service (including, but not limited to, any prior versions of these Terms).

45. We reserve the right to change, modify or update the Terms at any time. If we revise the Terms, we will post the revised Terms on our Website, and you consent to receiving notice of any changes through such posting.

46. We may send you any notices, including those regarding changes to these Terms, to the email address you provided when you registered with us.

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