1. TERMS AND CONDITIONS

    1. Introduction

    This agreement binds you (the “User”) to the terms and conditions of use of our website https://besupergenius.com, the mobile application, the services or any other offer on this website (hereinafter the “Products”). By using our website, you accept and agree with these terms. If you do not agree with any of the terms and conditions of this agreement, please do not use our website or any of the Products. The acceptance of any transaction by Allinners LLC, a limited liability company incorporated in Sharjah Media City (Shams) (hereinafter the “Company”) is expressly conditional upon your acceptance of all terms and conditions contained herein.

    2. Additional conditions

    Any personal information provided in relation to the use of Our Products will be subject to the privacy policy located at the following address: PRIVACY POLICY BESUPERGENIUS.COM, which is expressly made part of these terms and conditions.

    3. General information

    The Products allow students (“Students”) to liaise with independent tutors (“Tutors”) who offer live or recorded lessons on our private online channels (“Courses”).  The Products provide, without limitation, the facilitation and the content of the Courses and support material, as well as the receipt of comments and comments from other Users.

    The Company reserves the right to amend these terms and conditions at any time by publishing the changes on the website. The changes in the terms and conditions will be effective 30 days after their publication. The later use of the Products, following the change made in the terms and conditions will be understood as a new acceptance of the terms and conditions of the Products. The User must regularly visit our page to ensure that it is updated on the terms and conditions applicable in accordance with the latest published version. No amendment of these terms and conditions will apply to any dispute between the User and the Company arising prior to the revision.

    The Company reserves the right to modify the Products or suspend the availability of the Products at any time.

    The User is solely responsible for the services, telephone charges, data services or any other costs necessary for the acquisition and maintenance of telephones, computer hardware or any other instrument necessary for accessing and using the Products.

    Some of the Products are completely free, others payable. The use of some of the Products may require the payment of certain rates. The use of our the Products implies the acceptance of the payment obligation of such tariffs and all the taxes that correspond according to the law. If it provides bank card information to make the payment, you hereby authorise the Company to debit payments on a regular basis (without the requirement of any further confirmation or acceptance by you) to recover the amounts due.

    In the event that the payment method fails or the account has expired, the Company may obtain the fees due through other forms of payment, including by taking a legal action which may include additional costs for the User. Furthermore, the Company reserves the right to block User access to any of the Product until any procedure for claiming amounts due to the Company is resolved.

    Any use, access and other activities related to Products must comply with all applicable legislation in the UAE, including in all cases the legislation on copyright and other intellectual and industrial property rights, the data protection law and the privacy rights of other Users or third parties. In relation to the use of the Products, the User undertakes not to provide false information, copy, distribute, modify or perform reverse engineering, damage, dissect, interfere or hack any of the Products or the operation of our web page. It is also forbidden to appropriate in any way the content of this website or any of its Products, to pretend another person or to access another person’s account without authorization.

    Unless specifically stated otherwise in the particular conditions of the course, the courses are not suitable for particular lessons “one to one” to a single User. The courses are carried out online and neither the Tutors nor the Company have the obligation to answer the questions of the Users or to provide a specific individual monitoring service. The courses are composed by recorded lessons avaiable on the website and a support by a LIVE TUTOR avaiable in the support group of the company. The user is liable to avail of the LIVE TUTOR service through scheduled appointment in the company’s support groups. In any circumstances these appointment can be rescheduled and the participation to the live tutor session are up to the user’s decision to attend.

     

    4. Disclaimer

    This website is a platform created by the Company to connect Tutors and Students. The Company does not hire or employ the Tutors and is not responsible in any case for interactions between both parties. The Company is in no event responsible for any question, loss, damage or injury of any kind that may result from the action of any Tutor offering the Products on this website, including any false information offered by the Tutor to present the courses.

    None of the Tutors are employees of the Company. Under no circumstance can we consider that the Company has an employment relationship of any kind with any Tutor, unless there is an existing employment agreement in accordance with the UAE laws and specific mention is made of this in the course offered. The Tutor shall not in any case demand remuneration for the course uploaded or the works carried out beyond what is established in the price clause of these terms and conditions.

    The Company does not under any circumstances control the Content (as defined below) uploaded on the web page or processed by any User. Therefore, the Company does not guarantee the results of the course. By using the Products and this website, the User accepts the possible exposure to inappropriate or offensive content.

    This website and the Products can give access to third-party web pages (third-party web pages) directly or through the Courses. The Company does not endorse or promote any of these third-party web pages, nor does it control their operation or content. Therefore, the Company assumes no responsibility for the access of the User to any of these third party pages. The Company recommends that the Users take the necessary precautions to determine if access to a third-party page is inappropriate, as well as to take the necessary means to protect their personal information and privacy on such pages.

    5. Conduct

    The Users will have limited access to the website and to purchase and use the Products in accordance with the applicable laws. The Users agree agree not to use the Products to recruit, request or otherwise contact the Tutors or potential clients with the aim of offering them an employment contract.

    Users and affiliates of this website represent our brand and we want them to maintain a good image, hence the need to maintain good behaviour in social networks, avoiding issues such as violence, sex, racial segregation, cultural and/or religious nature.

    The Company reserves the right to not allow access to this website to any User whose conduct may imply any violation of these terms and conditions.

    6. Specific obligations of the Tutors

    The following terms and conditions will apply to the Tutors:

    l  The Tutor will be responsible for the entire contents elaborated and uploaded on this website. By accessing this website, the Tutor declares that he/she has all the licenses, rights, consents and permits to enable reproduction, distribution, communication to the public (including digital and audiovisual instruments), to promote, to advertise, sell or otherwise make use of the content uploaded to this website. The Tutor undertakes by using the platform not to use without permission of any third party intellectual or industrial property rights, nor to violate any third party intellectual or industrial property rights.

    l  The Tutor declares to have the necessary qualifications, credentials, experience, including non-exclusive educational titles, training, knowledge and skills, to teach and offer the services of the Course through this website.

    l  The Tutor undertakes not to upload any form of content that is inappropriate, offensive, racist, hateful, sexist, pornographic, false, unfair, illegal or defamatory.

    l  The Tutor will not upload or write any kind of promotional material or advertising not requested or authorized, such as junk email, spam, chain words, pyramid schemes or any other form of commercial or other application.

    l  The Tutor will use the Products of the Company limited to the educational and training activity of the Students.

    l  The Tutor undertakes not to carry out any activity that requires the Company to obtain a license, payment of royalties or regulations or any other type of remuneration or compensation for the use of works protected by intellectual property.

    l  The Tutor undertakes not to distribute, communicate publicly, distribute, create derivative works or make commercial or non-commercial use of the Content of the Company, the Products or Courses or the material available on this website, except as permitted by these terms and conditions or by express authorization in writing by the Tutor who uploaded the Content.

    l  The Tutor will not disclose personal information on this website. The Tutor assumes the responsibility to control the disclosure of personal information, including using the most appropriate means for the protection of such information.

    l  The Tutor will not request any personal information from any other Tutors or Users.

    7. Enrolment

    You may access material on this website without registering with us first.  However, we may restrict your access to certain areas including access to the Products and you may need to register on this website to access them. Your registration information must be accurate and complete and you must notify us of any change to that information, in particular to your personal details, including but not limited to, name and e-mail address. Any registration request may be rejected by us at our sole discretion without any reasons.

    You warrant that you will not impersonate anyone else when registering for, or using, this website or the Products. You must not allow anyone else to access this website by using your user name and password (“ID“).

     

    You are liable to us for all website access made by you or anyone else using your ID and we will not be liable to you or anyone else for unauthorized use of your ID.

     

    To qualify for the registration, you must not have been terminated by us as a User previously.

     

    By registering with this website and creating your profile, you can access different Products that are offered by us without having to register for each service separately. If a Products you wish to subscribe to has additional terms and conditions, you will be asked to accept these separately.

     

    You agree that you will keep your username and password safe, and not share them with anyone and you will not create multiple or false accounts.

    You must not use this website to send chain emails or Spam or to send, use or re-use any material which is unlawful, threatening, abusive, libelous or indecent, infringes copyright or any other legal right or contains any other form of illegal content.

     

    Under no circumstances will the purchase and use of Products be shared between two or more users on a single account. This will be the immediate cause of deleting the accounts of all the members involved. The company may require a valid ID (passporto or identity card) to grant the access to the courses.

  2. 7. Content, Licenses and Permits

     

     

     

    Any software, technology, design, material, information, communication, text, graphic, link, digital art, animation, illustration, artwork, audio clips, video clips, photos, images, opinions and any other product that can be protected by copyright or copyright is considered as “Content” in these terms and conditions. When the Company provides the User with the “Content” together with the Products, including the Software and the Products, it is considered as “Company Content”. The content transmitted or uploaded on this website or via the Contents is the “Content received”. The Content is owned by the person or entity that creates it and is protected without limitation by copyright and copyright laws. By accepting these terms and conditions the User guarantees to possess all the licenses, rights, consents and permits necessary for the use and exploitation of the “Content received” uploaded on this website. The Company exempts itself from any kind of responsibility for the use and use of material protected by intellectual and industrial property rights.

    By accepting these terms and conditions, the User grants the Company a non-exclusive license to reproduce, distribute, communicate publicly or promote, market or exploit any of the Content received on this website or in the Products. In any case, the User has the right to withdraw totally or partially the content uploaded on this website at any time. The withdrawal of the content uploaded on the web page will terminate the license mentioned and the rights deriving from the same within 60 days from the withdrawal of the reported for new use. Any rights granted to Users before this time will be retained according to the rights attributed to these Users.

    The Company grants the User a non-transferable, limited and non-exclusive license to access and use any content forming part of the Products for which the User has paid the applicable fees to the Company. This access and use will be for personal use only, with non-commercial character and for educational and training purposes. Any other use without express written consent of the Company is strictly prohibited. The content of the Company and the content uploaded by other Users is the subject of a license and not sold or transferred to the other Users.

    The Company does not supervise the content received uploaded by Users. Any use of the Content uploaded by the User or by other Users is carried out under his responsibility and the Company will in no case be responsible for the same. The appearance of positive opinions and appreciations in the Content uploaded by Users should not be understood in any way as a type of certification by the Company. If you consider that some of the content uploaded by some Users violates the applicable laws or any intellectual or industrial property right, you must report this to the Company by sending an email to support@besupergenius.com.

    Any right not specifically conferred in these terms and conditions will be the exclusive property of its creators and / or owners.

    9. Prices

    The Tutor will be solely responsible for determining the base price of coverage for this course.

    The prices specified on this website are exclusive of value added tax (VAT). The VAT will be payble by each User in addition to the prices payable to the Company.

    When the sales currency is different from the base currency, the Company will determine the selling price according to the most recent basic conversion type approved by the Central Bank of the United Arab Emirates in accordance with the applicable laws.

    If you are a Student, by accepting these terms and conditions, you agree to pay the price of the Courses with your credit card. The loading of the amounts due will be carried out on a monthly basis or through a single payment according to the characteristics of the Course and the particular conditions that appear on this website. If payment by credit card is refused, the Company may not offer the Course you have purchased.

    The Company may at its discretion round up the selling price due to excess or defect. This rounding will be performed as a whole unit of the sales currency in which the Product is offered.

    This website will select the selling currency according to your geographical location. The currency of any transaction will always coincide with the sales currency that appears on the web page. It is not possible to change the currency that appears by default.

    10. Trademarks

    Trademarks, service marks and logos (the Trademarks) used and presented on the platform, in the Products or in any content of the Company, are registered trademarks. The User must not alter or distort the marks or associate with them without the express written permission of the Company.

    11. Exemption of responsibility for the guarantee of the courses

    The Products, the platform, the Content of the Company, the Content received and any other material made available to Users on this website must be verified by the Users to consider their adequacy with respect to their interests and requirements. The Company accepts no responsibility for any defects in the Courses or errors and omissions of the Tutors. The Company does not guarantee in any case the quality or adequacy to the User of the Courses offered on this website.

    12. Limitation of liability

    The Company will not be held responsible in any way for possible contractual infringements or civil or any other liability arising from the negligence of any User and / or Tutor.

    The User undertakes to indemnify, defend and maintain at the margin of all responsibility the Company, its collaborators, employees, directors, partners and legal representatives, of any loss, damage and prejudice and legal claims.

    13. Cancellation

    The Company may at any time restrict the use of this website by a User in case of violation of any of these terms and conditions. The Company reserves the right to suspend the offer of any Product, Course or Content at any time. The User is entitled to terminate the use of this website at any time, either by stopping access to this website or by contacting the Company on support@besupergenius.com (If it is a Tutor, Students registered in the course before cancellation will continue to have access during the scheduled duration of the Course). The Company is under no obligation to keep any material uploaded by the User beyond the time determined by the laws.

    14. Two-factor authentication (Two Factor Authentication)

    To provide the highest level of security on our site and protect user data, we have enabled two-factor authentication via the free “Google Authenticator” app. Each User has the obligation to activate two-factor authentication to access the courses purchased on this website. The terms and conditions of Google in connection with Google Authenticator shall apply. You will need to request us by email at support@besupergenius.com to change any device if you wish to be logged into a device that is different from the device you have already authorised through Google Authenticator. We may or may not approve this request based on your particular circumstances. In case the User does not activate this authentication, the Company retains the right to deny access to the Courses purchased by the User.

    Two-factor authentication is performed using the Google “Google Authenticator” application available at:  https://play.google.com/store/apps/details?id=com.google.android.apps.authenticator2&hl = en , this application represents the only acceptable form of two-factor authentication that the user can activate to guarantee access to the courses.

    15. Refund of payments

    According to the provisions of the LEGISLATIVE DECREE 21 February 2014, n. 21, By accessing or downloading the digital content purchased, the consumer loses the right to withdraw from the contract.

    The purchased products are digital training courses, there is no refund once the purchase has been made and the user has completed the creation of their account.

    However, the company reserves the right to evaluate refunds on a case-by-case basis.

    The evaluation of the company will be made by analyzing appropriate documents that certify concrete reasons and must necessarily be sent within 24 hours of purchase to support@besupergenius.com

    The company reserves the right to deny the refund.

    16. Refund of deposits

    The user has the right to pay, as a deposit, a sum of money to secure a specific commercial proposal among those offered by the company.

    In the event of subsequent payment of the residual price by the user, the deposit will be charged to the service due, pursuant to Article 1385 of the Civil Code

    The amount of the deposit may correspond to € 100, € 150, € 200, € 500.

    If the party who gave the deposit does not pay the residual price relating to the purchased product within seven days from the deposit, the company may retain the deposit, which will not be refunded, pursuant to the second paragraph of article 1385 of the civil code. .

    In the event of a deposit, this will not be returned even in the event of withdrawal legitimately exercised by the consumer in the manner provided for in Article 15

    17. Electronic communications

    We may send you emails that may contain advertising and promotions from time to time. You hereby authorise us to send you such emails. However, if you wish to stop receiving these emails, please send us an email at GDPR@BESUPERGENIUS.COM with a request for us to remove your name from the list of our contacts for the advertising and promotions.

    By accepting these terms and conditions, the User agrees to receive all communications of the Company via electronic means.

    18. Disclaimer for results

    The results achieved in the program are not guaranteed and may vary from user to user depending on various factors independent of each other including commitment, feasibility of the project to be implemented in the program and application of the directives proportionate to the tutors.

    Internet businesses and profits arise from unknown risks and are not suitable for everyone. The user cannot rely on any information presented on the website or otherwise provided, unless he does so with the knowledge of the possibility of losing his investment in full.

    We assume no responsibility for any loss or damage resulting from the use of links, information or opportunities contained on the website or within any information disclosed by the owner of this site in any form.

    Tutors are not responsible for achieving user results under any circumstances

    There is no guarantee that any previous successes or passive results relating to earnings or income (whether monetary or otherwise, convertible into cash or not) will come true, nor can previous successes be used as an indication of your future success. . Any claims or representations relating to income or earnings (whether monetary or otherwise, convertible into cash or not) should not be construed as “average earnings” or “estimates of earnings”.

    19. Validity of the general conditions, applicable legislation and jurisdiction

    These terms and conditions of application constitute an agreement between the User and the Company. If the User and the Company have entered into a separate agreement (the “Additional Agreement”) in connection with the use of this website and the Products, the Additional Agreement and these terms and conditions shall form one (1) agreement between the parties and in the event of any discrepancy between the Additional Agreement and these terms and conditions, the terms of the Additional Agreement shall prevail.

    In the event that any clause of these terms and conditions is considered null, this clause must be deleted without affecting the validity of the rest of the terms and conditions contained herein.

    Modification of any of these terms and conditions must be made in writing and accepted in an effective manner guaranteed by both parties. The failure of the company to implement any of the rights recognized in these terms and conditions shall in no case be understood as a waiver of the rights contained therein.

    These terms and conditions will be governed by the laws of the Emirate of Sharjah and the United Arab Emirates and the parties submit to the jurisdiction of the courts of the United Arab Emirates in connection with any disputes arising hereunder.