Last updated: 04th of July 2024
ATTENTION: PLEASE READ OUR PRIVACY POLICY, CAREFULLY BEFORE USING THE WEBSITE. ACCESSING ANY PART OF THE WEBSITE OR CONTENT INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND RELATED POLICIES IN FULL. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS AND RELATED POLICIES, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THE WEBSITE AND LEAVE THE WEBSITE IMMEDIATELY.
These Terms and Conditions include a disclaimer of warranties, a disclaimer of liability, a release and indemnification by you in Section 11.
Section 12 of this agreement contains provisions that govern how claims that you and OAGSCHOOL have against each other are resolved, including, without limitation, any claims that arose or were asserted before the effective date of this agreement. In particular, Section 12 sets forth our arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims. Please see section 12 for more information regarding this arbitration agreement, the possible effects of this arbitration agreement, and how to opt out of the arbitration agreement.
The provider of this service is ADS ADVISORS FZCO (hereinafter OAGSCHOOL), a Free Zone Company incorporated in Unite Arab Emirates, with registered office at Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai. If you wish to contact OAGSCHOOL, you may send an e-mail to support@oagschool.com. OAGSCHOOL is the owner of the website www.oagschool.com (the “Website“). The term Website refers to and includes both the visible part during browsing (public part), as well as any private area (only visible to Registered Users, as defined below). Thus, these terms and conditions are applicable to users while using in any way the Website.
OAGSCHOOL makes this Website available to users in order to provide useful information on the activities and services offered by the company and to enable the purchase of the program offered at any given time through the Website (the “Program“).
A user (the “User“, “Users” or “You”) is defined as a person interacting within the Website as (i) a student who has purchased any of the Program, (ii) a registered user, but who has not purchased any of the Program, or (iii) a user who is browsing the Website. Users of type (i) or (ii) will be identified in these terms and conditions as registered users (hereinafter referred to as the “Registered User(s)“) as well.
By using and/or visiting the Website, including becoming a User and accessing associated content such as email operated by OAGSCHOOL, you signify your agreement to these terms and conditions (“Terms and Conditions“) which expressly regulate the contractual relationship between OAGSCHOOL and third parties who contract products or services offered on the Website. If you are accepting this agreement on behalf of your employer, you affirm that you have the authority to accept this agreement on its behalf. You affirm that you are either of legal age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
OAGSCHOOL reserves the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to the User, and are not obligated to support or update the Service. YOU AGREE THAT OAGSCHOOL NOR ANY COMPANY OF TPMBA GROUP SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT OAGSCHOOL EXERCISES ITS RIGHT TO MODIFY OR DISCONTINUE THE WEBSITE (OR ANY PORTION OF THE WEBSITE). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms and Conditions.
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS AND CONDITIONS. OAGSCHOOL may change these Terms and Conditions at any time. Please review the Terms and Conditions each time you visit the Website. If OAGSCHOOL has the User's email address, OAGSCHOOL will notify the User of material changes to the Terms and Conditions via email. If OAGSCHOOL does not have the User email address, OAGSCHOOL will update this page to reflect any changes to the Terms and Conditions.
Below are described the conditions governing the purchase of the Program through the Website and the rights and obligations arising from the subscription of these services.
The purchase of the Program must be carried out according to the instructions described in these Terms and Conditions, as well as any other specific conditions that may be indicated during the purchasing process on the screen or in any other way. Consequently, the Registered User declares to know and accept these mandatory conditions to access the services and/or Program offered on the Website.
The Program is training program created by OAGSCHOOL comprising theory, analysis, lessons learned and value-added documents on companies, businesses, etc. In addition, the Program include other types of benefits, such as a Private Community and/or others that may be determined by OAGSCHOOL at any given time.
In this regard, OAGSCHOOL hereby notifies the User that we are not linked to any public or private university or educational entity and that the OAGSCHOOL certificates it issues are strictly private.
Therefore, the certificate that OAGSCHOOL issues upon completion of the various Program is a private one and is not issued or recognized by any public or private entity other than OAGSCHOOL itself. Thus, obtaining the aforementioned certificate does not imply recognition or positive assessment of the Program carried out by the User by any third party, including OAGSCHOOL’s collaborators who may have participated in the execution of the Program.
It is mandatory that Users who wish to acquire the Program from OAGSCHOOL must be of legal age or, if not, have the express authorization of their legal representatives to purchase and participate in the Program. At the time of purchase, the User expressly represents and warrants that he/she have full legal capacity to contract the services provided by OAGSCHOOL or, in the event that he/she require any type of authorization from a third party, that he/she possesses such capacity and can prove it.
The Program offered on the Website, along with their features and price, will appear on the information screens of each one of them. The price indicated on the screen will be shown in Dollars or in the local currency of each country and will include the applicable indirect taxes, unless otherwise stated. This price will be the one in force at all times when the User makes the purchase, unless there is a typographical error. OAGSCHOOL regularly carries out promotional campaigns that may include discounts in the price of the Program, for example, through coupons or discounts. At the time of payment, the User may enter coupon codes, discount codes or any other method established by OAGSCHOOL which may reduce the price of the order in the amount previously established.
In order to acquire the Program on the Website, the User must select the desired Program and click on the “Purchase” or “Enroll Now” button or similar expression and proceed to complete the required information, after which the payment must be made by the User. Before doing so, the User must check the exact characteristics of each Program as described on the Website, price, or applicable taxes if any, to assess whether the Program meets his/her needs.
The payment of the price of the Program purchased on the Website will be made by credit or debit card, or in accordance with any other payment methods that may be enabled on the Website at any time.
In order to proceed with the payment, the amount and the reference of the purchase will appear on the screen and the User will be asked to provide certain information, as requested during the purchasing process, which in any case will include, at least, the following: a) Card number; b) Expiry date; c) CVV (three-digit security code printed on the card). OAGSCHOOL may use third party payment platforms and/or tools to manage payments that facilitate the payment of the contracted Program. In particular, in order to guarantee the highest security to the User, OAGSCHOOL informs the User that, as an electronic payment system, it has a partnership agreement with the secure online payment platform Stripe, although this may change IN THE FUTURE for operational or similar reasons.
In the use of the Website, the User will not:
- use the Website for any purpose other than for using the features OAGSCHOOL intentionally makes available to the User;
- upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
- post, transmit or submit any information that OAGSCHOOL, in its sole discretion, determines is confidential (including national ID, passport or social security or alternate national identity numbers, sensitive personal information, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
- upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- copy, download or distribute any part of the Website in any form or medium without the prior written authorization of OAGSCHOOL;
- alter, modify or make derivative works from any part of the Website without the prior written authorization of OAGSCHOOL;
- provide false personal information of anyone other than yourself without permission;
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
- use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website;
- impersonate or misrepresent any person or entity or the User affiliation with someone else;
- post, transmit or submit any information that could disparage, aim to slander, entail racist or xenophobic implications, disrespect or go against any morality, generally accepted customs and/or public order in relation to any customer or student of TPMBA Group. In this regard, OAGSCHOOL reserves the right, at its sole discretion, to cancel any Program of the User and/or expel the User from any social or alumni network in which the User may participate without any applicable compensation in favor of the User;
- remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website; or
- post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website.
OAGSCHOOL will fully cooperate with any law enforcement authorities or court order requesting or directing OAGSCHOOL to disclose the identity of anyone violating these Terms and Conditions.
In addition to other obligations throughout these Terms and Conditions, the User shall be liable to OAGSCHOOL for:
- All those acts that contravene the provisions of these Terms and Conditions, the law, morality, generally accepted customs and public order.
- Any act that is performed in a different manner than what OAGSCHOOL designates in its indications or instructions regarding the use of the Website and the purchase of the Program.
- The certainty, accuracy, validity and update of the data with which you fill in each of the forms that OAGSCHOOL displays on the Website.
- Any direct or indirect damage caused by any third party if the User has lost, disclosed, neglected or in any way allowed a third party to know his/her personal data, which is necessary for registration on Website or the purchase of a Program.
- Use the Website in a way that may cause damage, interruptions, inefficiencies or defects in its operability.
- The misuse of his/her passwords and credentials.
- Use of the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files.
- Use of the Website to collect personal data from other users.
- Altering or modifying, in whole or in part, the Website by circumventing, disabling or manipulating any of the Website's functions or services.
- Accessing, or attempt to access, without authorization, any section of the Website, other systems or networks connected to the Website, OAGSCHOOL's servers, or the services offered through the Website, by means of hacking or forgery, password extraction or any other illegitimate means;
- Breaching, or attempt to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the content offered on the Website.
- Reproducing, copying, distributing, allowing public access through any form of public communication, transform or modify the contents, unless authorized by the owner of the corresponding rights or when legally permitted.
- Transmitting or disseminating information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general, any obscene, offensive, vulgar material or material that induces criminal, denigrating, defamatory, infamous, violent or, in general, contrary to the law, generally accepted morality and good customs or public order.
- Violating intellectual property rights belonging to OAGSCHOOL or third parties, for example, by distributing or exploiting in any way the content obtained through the Program.
- Carrying out fraudulent transactions or transactions that may facilitate illicit or fraudulent conduct of any kind and using the contents and services and, in particular, information of any kind obtained through the Website for any kind of advertising purpose and, especially, in order to send advertising, communications for the purpose of direct sales or for any other kind of commercial purpose, unrequested messages either individualized or addressed to a plurality of people, as well as to market or disclose in any way such information.
- Impersonating another person or User when using the Website.
- Posting, transmitting or submitting any racist or xenophobic comment, disparage or aim to slander or disrespect any client or student of OAGSCHOOL when using the Website.
- The recruitment processes and applications that the User may be involved in, without being the completion of a Program any guarantee as to the hiring of the User.
In all the cases above mentioned, beyond the control and due diligence of OAGSCHOOL, the User shall not have a right for compensation from OAGSCHOOL for damages, to the extent that this is permitted by law. On the contrary, the User shall be liable for any damages of any kind that OAGSCHOOL or TPMBA Group may suffer as a result of a breach of any of the obligations to which the User is bound to.
Furthermore, OAGSCHOOL will not be liable for any damage or harm that the misuse of the Website and its content may cause to the User or a third party, for reasons not attributable to OAGSCHOOL. In any case, any liability which may be claimed against OAGSCHOOL by the User shall be limited to the price of the Program purchased by the User.
All content shown on the Website and in particular, videos, designs, drawings, text, graphics, logos, icons, buttons, software, trade names, trademarks or any other signs protected by intellectual property rights or publicity rights, are owned by OAGSCHOOL, or third parties with whom it has reached an agreement for its exploitation (collectively, “Content“).
Under no circumstances will it be understood that access, browsing and use of the Website and/or the acquisition of the Program by a User implies a waiver, transmission, license or total or partial assignment of such rights by OAGSCHOOL. The User has the right to use the content and/or services of the Website strictly for private purposes.
Any reference to registered trademarks or trade names, or other distinctive signs, whether owned by OAGSCHOOL or third parties, in which case are licensed to OAGSCHOOL for use and/or exploitation, imply a prohibition on their use without the consent of OAGSCHOOL or their legitimate owners. Under no circumstances, unless expressly stated to the contrary, does access, browse or use of the Website and/or its contents confer on the User any right to the distinctive signs included in it.
All intellectual property rights regarding the contents and/or services of the Website and the Program are reserved and, in particular, it is prohibited to modify, copy, reproduce, communicate to the public, make available, transform or distribute, by any means and in any form, the Website and/or all or part of the contents included in the Website, including, but not limited to, texts, images, trademarks, graphics, logos, buttons, software files, color combinations, as well as the structure, selection, order and presentation of its contents, without prejudice to the rights that third parties may have over any of the elements that comprise the content. All of the above, without prejudice to the prior, express and written authorization of OAGSCHOOL or, where applicable, of the owner of the corresponding rights. Likewise, and for security reasons, it is not permitted to use “frames” or mechanisms that alter or vary the design, original configuration or contents of the Website.
None of the content hosted on the Website may be downloaded, reproduced or used in any other device or place other than the Website, unless the means for doing so has been enabled by OAGSCHOOL.
If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law, a security breach or that could represent an infringement of intellectual property rights, he/she must immediately notify OAGSCHOOL via the email address support@oagschool.com so that it can proceed to take the appropriate measures. OAGSCHOOL will verify this report as soon as possible, and adopt the measures that it deems appropriate.
Similarly, in the event that any User or third party considers that any of the content of the Website infringes his/her intellectual property rights, as well as any other rights, he/she must submit a written notification to support@oagschool.com with the following information:
- Identification data and means of contact or to his/her legal representative.
- Documentation proving its status as holder of the allegedly infringed rights.
- Detailed explanation of the rights allegedly infringed by OAGSCHOOL, as well as their exact location within the Website.
- Express declaration by the submitter that the use of the contents has been made without the consent of the holder of the allegedly infringed rights.
OAGSCHOOL takes no responsibility for advertisements or any third-party material posted on or transmitted through the Website, nor does it take any responsibility for the products or services provided by other service providers with Content on the Website (“Advertisers”). Any dealings you have with Advertisers found while using the Website are between the User and the Advertiser, and the User agrees that OAGSCHOOL is not liable for any loss or claim that the User may have against an Advertiser.
The User may submit feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications you transmit, upload, or post to the Website (hereinafter, the “User Submissions”) on the Website. By submitting any such materials to the Website, the User represents and warrants that the User will not submit or post material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless the User is the owner of such rights or has permission from their rightful owner to submit or post the material and to grant OAGSCHOOL all of the license rights granted herein. In addition, the User agrees to pay for all royalties, fees, and other payments owed to any party by reason of the User posting or submitting (“User Submissions”). OAGSCHOOL EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS.
On OAGSCHOOL's social media sites, the User further represents and warrants that the User has the permission of any individuals depicted in photographs, videos or recordings that the User submits to the Website to use their likeness and/or voice, as well as all other legal rights necessary to grant the license below to OAGSCHOOL.
If the User submits any User Submissions to OAGSCHOOL, the User hereby grants a non-exclusive, royalty-free, worldwide, perpetual right and license to OAGSCHOOL and its affiliates to use, reproduce, distribute, display, transmit, publish, modify, edit and/or create derivative works from the User Submissions in any format, including without limitation coding or watermarking such User Submissions, on the Website and in related promotional materials provided in any medium, forum or format, for any purpose of OAGSCHOOL or its affiliates in their sole discretion.
The User also agrees that immediately upon the creation by or on behalf of OAGSCHOOL of any derivative works from, modifications, edits or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of OAGSCHOOL and that we will own the entire right, title and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by OAGSCHOOL in its sole discretion. The User hereby grants, assigns, transfers and conveys any and all right, title or interest the User has or may be deemed to have in and to the Modified Content to OAGSCHOOL.
OAGSCHOOL welcomes the User comments and suggestions. However, except for any personal information OAGSCHOOL may collect from the User pursuant to OAGSCHOOL's Privacy Policy, User Submissions will be considered non-confidential and non-proprietary. The User understands that whether or not such User Submissions are published or posted, OAGSCHOOL (1) does not guarantee any confidentiality with respect to any User Submissions (except as described in our Privacy Policy), (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.
Additionally, the User authorizes OAGSCHOOL to publish, republish, disseminate, reproduce, distribute, communicate to the public, include in any type of presentation, brochure, website, etc., the testimonials made by the User on any social network or by other means, either spontaneously or upon request by OAGSCHOOL. In this way, the User expressly authorizes OAGSCHOOL, on a non-exclusive basis, free of any payment, for everyone and without any time limit, to use such comments and/or testimonials of the User for any purpose (including commercial), including any photograph, image, text and/or video that forms part of them, including in the User's profile, as well as the intellectual property and/or image rights related to the User and his/her comments and/or testimonials.
THE USER AGREES TO WAIVE, AND HEREBY DOES WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES THE USER HAS OR MAY HAVE AGAINST OAGSCHOOL PARTIES WITH RESPECT TO USER SUBMISSIONS, AND AGREE TO INDEMNIFY AND HOLD OAGSCHOOL PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO THE USER'S USE OF THE WEBSITE.
9.1. Links to other websites (outbound links)
In the event that, in the Website, the User finds links to other web pages by means of different buttons, links, banners, etc., these are managed by third parties. OAGSCHOOL has no capacity or human or technical means to know, control or approve all the information, content or services provided by other websites to which links may be established on the Website. Consequently, OAGSCHOOL cannot assume any type of liability for any aspect relating to the website to which a link may be established on the Website, including but not limited to its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general. BY USING THE WEBSITE, THE USER EXPRESSLY RELEASES OAGSCHOOL, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY, “OAGSCHOOL PARTIES“) FROM ANY AND ALL LIABILITY ARISING FROM THE USER'S USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICES AND FROM ANY LOSS OR DAMAGE OF ANY SORT THE USER MAY INCURS FROM DEALING WITH ANY THIRD-PARTY. Accordingly, OAGSCHOOL encourage the User to be aware when the User leaves the Website and to read the terms and conditions of use for each other website or online service that the User visits.
If Users become aware of the unlawfulness of activities carried out through these third party websites, they must immediately notify OAGSCHOOL so that the access link can be disabled.
The provision of any kind of link on the Website to another website does not imply that there is any kind of relationship, collaboration or dependence between OAGSCHOOL and the person responsible for such website.
9.2. Links on other websites directed to the Website (inbound links)
OAGSCHOOL makes available to the Users, through different tools and applications, links that allow Users to access the Website through the official channels that OAGSCHOOL maintains in different platforms and social networks belonging to and/or managed by third parties. The inclusion of these links to the Website is solely for the purpose of facilitating Users' access to the Website and the services provided therein.
The establishment of these links does not imply the existence of any relationship between OAGSCHOOL and the owner, developer or distributor of the platform from which it is linked, nor the acceptance and approval by OAGSCHOOL of its content and/or services, the owner, manufacturer or distributor being solely responsible for them.
The activation and use of these applications may involve the identification and authentication of the user (login/password) on the corresponding platforms, completely external to the Website and outside the control of OAGSCHOOL. By accessing such external networks, the User enters an environment not controlled by OAGSCHOOL, and therefore OAGSCHOOL will not assume any responsibility for the security settings of such environments.
The term of duration of these Terms and Conditions is the time of their publication, until the moment they are totally or partially amended. OAGSCHOOL will communicate to the Users the modification of the present Terms and Conditions with, at least, 15 days of prior notice. The acceptance of the purchase of the Program by Users will be governed by the Terms and Conditions published at that time on the Website.
THE PROGRAM IS NOT RECOGNIZED BY ANY INSTITUTION OR ENTITY. OAGSCHOOL DOES NOT GUARANTEE THAT THE ACCOMPLISHMENT OF THE PROGRAM WILL LEAD TO AN INCREASE IN THE USER'S POSSIBILITIES OF EMPLOYMENT, SALARY RISE OR OTHER PROFESSIONAL IMPROVEMENTS, NOR THAT THE EXECUTION OF THE PROGRAM OR THE MAKING AVAILABLE OF THEIR CONTENT WILL BE DONE CONTINUOUSLY AND INDEFINITELY, NOR THAT THE PARTICIPATION IN THE PROGRAM WILL LEAD TO ANY KIND OF DISCREDIT FOR THE USER. EXCEPT AS PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF THE PROGRAM, QUALITY AND SUITABILITY FOR A PARTICULAR PURPOSE OF THE USER, ARE EXCLUDED BY OAGSCHOOL. THUS, NEITHER OAGSCHOOL NOR ANY OF ITS EMPLOYEES, PARTNERS OR COLLABORATORS WILL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR HARM, WHETHER DIRECT, INDIRECT, PARTICULAR, INCIDENTAL OR CONSEQUENTIAL, NOR FOR THE LOSS OF OPPORTUNITIES, BENEFITS, CONTRACTS, LOSS OF DATA, COST OF RECOVERY OF SAID DATA, NOR FOR THE LACK OF ACCURACY, USEFULNESS OR INCORRECTNESS OF THE INFORMATION AND/OR CONTENTS PROVIDED TO THE USER.
THE USER AGREES THAT THE USER'S USE OF THE WEBSITE SHALL BE AT THE USER SOLE RISK. OAGSCHOOL HAS ATTEMPTED TO MAKE THE WEBSITE AND THE CONTENT AS TIMELY AND ACCURATE AS POSSIBLE, BUT BECAUSE ERRORS MAY OCCUR, THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE OAGSCHOOL PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE WEBSITE OR THE CONTENT. THE OAGSCHOOL PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND THE USER WAIVES ANY REPRESENTATION OR WARRANTY EXPRESS, IMPLIED, STATUTORY, THAT MAY BE IMPLIED BY THESE TERMS AND CONDITIONS, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE WEBSITE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE ON THE PART OF THE OAGSCHOOL PARTIES RELATING TO THE WEBSITE, THE CONTENT, USER SUBMISSIONS, ANY SOFTWARE LICENSED OR PROVIDED TO THE USER BY THE OAGSCHOOL PARTIES, AND ANY AGREEMENT WITH A THIRD-PARTY.
WITHOUT LIMITING THE FOREGOING, THE OAGSCHOOL PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON ANY WEBSITES OR APPS LINKED TO THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT; THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, WEBSITE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE WEBSITE OR AGREEMENTS THE USER ENTERS WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET THE USER'S EXPECTATIONS; THAT THE WEBSITE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY OAGSCHOOL; THAT WEBSITE ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS PCI COMPLIANT. THE OAGSCHOOL PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM THE USER'S ACCESS TO AND USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OAGSCHOOL PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY'S FEES ARISING TO ANY OF THE OAGSCHOOL PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE OAGSCHOOL PARTIES IN CONNECTION WITH (1) THE USER'S USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE; (2) THE USER'S BREACH OF ANY OF THESE TERMS AND CONDITIONS; (3) THE USER'S VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF THE USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD-PARTY; (5) ANY TRANSACTION THE USER CONDUCTS AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE; OR (6) ANY ACTIVITY USING THE USER'S EMAIL ADDRESS BY THE USER OR ANY OTHER PERSON ACCESSING THE WEBSITE USING THE USER'S EMAIL ADDRESS.
IF THE OAGSCHOOL PARTIES TAKE ANY LEGAL ACTION AGAINST THE USER AS A RESULT OF THE USER'S VIOLATION OF THESE TERMS AND CONDITIONS, THE OAGSCHOOL PARTIES WILL BE ENTITLED TO RECOVER FROM THE USER, AND THE USER AGREES TO PAY, ALL REASONABLE ATTORNEYS' FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO OAGSCHOOL.
IN NO EVENT SHALL THE OAGSCHOOL PARTIES BE LIABLE TO THE USER OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE WEBSITE OR THIRD-PARTY PRODUCTS OR WEBSITES, UNDER THESE TERMS AND CONDITIONS OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE WEBSITE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE OAGSCHOOL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE OAGSCHOOL PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT THE USER MAY INCURS, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE WEBSITE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM OAGSCHOOL' NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER'S ACCESS TO AND USE OF THE WEBSITE, (4) UNAUTHORIZED ACCESS TO OR USE OF THE OAGSCHOOL PARTIES' SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE WEBSITE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, (8) USER CONTENT, THIRD-PARTY WEBSITES OR APPS; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER'S USE OF ANY CONTENT WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE OAGSCHOOL PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE OAGSCHOOL PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT THE USER OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM THE USER'S BREACH OF THE USER'S WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL ACCOUNT INFORMATION WITH ANY OTHER PERSON.
THE OAGSCHOOL PARTIES' MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS AND CONDITIONS OR IN RELATION TO THE WEBSITE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO $100 USD.
If the User violates these Terms and Conditions, OAGSCHOOL may seek injunctive relief or other equitable relief.
If OAGSCHOOL has to provide information in response to a subpoena related to the User's use of the Website, then we may charge the User for our costs. These costs may include attorney and employee time spent retrieving records, preparing documents, and participating in a deposition.
These Terms and Conditions, and any rights and licenses granted hereunder, may be transferred or assigned by the User only with OAGSCHOOL' prior written consent, but may be assigned by OAGSCHOOL without restriction and without notice to you.
This Terms and Conditions and any matter or dispute arising out of or related to the subject matter of the Terms of Use shall be governed, construed, and enforced in accordance with the laws of Dubai (United Arab Emirates), without regard to its conflict of law provisions. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Mindful of the high cost of dispute, you and OAGSCHOOL agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to: (i) the Website; (ii) this Terms of Use; (iii) the Services; (iv) the breach, enforcement, interpretation, or validity of this Agreement; or (v) any other dispute between you and OAGSCHOOL ("Dispute"), the Party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other Party (by email, first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving Party 30 days in which to respond to or settle the Dispute ("Mandatory negotiations").
Both you and OAGSCHOOL agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any dispute resolution or filing any claim against the other Party.
Failing to resolve the dispute as described in previous paragraphs of this Section, any controversy or claims arising out of or relating to the Agreement, or the breach thereof, shall be in the exclusive jurisdiction of the competent court in Dubai, United Arab Emirates.
This clause shall survive termination of the Terms of Use. Notwithstanding the provisions above, OAGSCHOOL may, at its absolute discretion, assert and seek the protection of its Intellectual Property Rights and rights concerning confidential information or data processing anywhere in the world.