Welcome, and thank you for your interest in Al Tadhkirah Institute and provides technology and services for online distance learning (Teaching) at www.altadhkirah.org.au (Site) and its subdomains (Platform).
IMPORTANT: PLEASE READ THIS TOU CAREFULLY, BY EITHER ACCESSING OR BROWSING OR USING, OR REGISTERING FOR THE SITE AND / OR SERVICE OR THE PLATFORM OR BY CLICKING “I AGREE” IF PRESENTED WITH SUCH OPTION OR OTHERWISE, THE USERS ACKNOWLEDGE THAT THEY HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS TOU, INCLUDING ANY MODIFICATION THAT AL TADHKIRAH INSTITUTE MAKES FROM TIME TO TIME. IF THE USERS DO NOT AGREE TO THIS TOU, SUCH USERS ARE HEREBY ADVISED NOT TO USE THIS SITE OR SERVICE ANY FURTHER.
The Users must be eighteen (18) years or older to use the Site and / or Service. Users under the age of eighteen (18) years (“Child Users”) cannot use or register for the Site and / or Service. By using the Site and / or Service and by clicking “I Agree” button, the Users represent that (i) they are at least eighteen years of age; or (ii) their parents or legal guardians have consented or approved their use of the Site and / or Service, and have read, understood and agree to be bound by this TOU on User’s behalf and are responsible for all such use of theAl Tadhkirah Institute’s Site or Services.
Upon registration with the Site and / or the Service or the Platform, the Users shall enter into a contractual relation for the term of the Registration withAl Tadhkirah Institute pursuant to this TOU.
Al Tadhkirah Institute merely facilitates Teaching by Tutors, online and related services, such as billing and scheduling.
In this TOU, Teaching includes, but is not be limited to, Hifz, Recitation, Tajweed and Arabic Teaching, depending on, and restricted to, the qualification and licensure requirements that legally pertain to individual Tutors in their actual physical location.
- Scope of the TOU
- This TOU shall apply to the use of the Site and / or Service or the Platform by the Users. The TOU shall apply also if the Platform is accessed from outside Pakistan.
- Al Tadhkirah Institute provides a web portal for attending online workshops and events with real-time audiovisual communication. Visiting the Platform as well as registration will be free of charge, whereas use of the Virtual Classroom shall be chargeable. Prior to each chargeable service, Students shall be advised of this fact as well as the amount or rate of charges. Tutors will be paid directly by Students based on the Tutor’s hourly rate and the rate should be agreed with the Tutor prior to commencing the lessons.
- Al Tadhkirah Institute offers its services to private Students only. With registration, the Students agree to use the services exclusively for private, not commercial, purposes.
- This TOU shall apply exclusively. Differing or contrary terms of Students shall not apply except if expressly agreed upon in writing byAl Tadhkirah Institute.
- Description of Services
The services offered byAl Tadhkirah Institute include:
- An integrated web portal allowing for a real time Student-Tutor audiovisual communication interface for purposes of Teaching services.
- A web portal for attending online workshops and events with real-time audiovisual communication
- Hosting of information concerning Tutor availability, Tutor-provided biographies and practice approach, and general information concerning in depth online Teaching.
- Teaching session scheduling and schedule notification systems.
- Billing and Time Logging services.
- Description of Contractual Relations
- Al Tadhkirah Institute undertakes to make the Platform’s services, i.e. IT-services for the creation of a communicative forum for Tutors on the one hand and Users of the Platform (Students and Parents) on the other, available as described in Sec. 2 above. A web portal for attending online workshops and events with real-time audiovisual communication
- Al Tadhkirah Institute will not offer Teaching itself. Neither will it represent the Students or the Tutors with regard to Teaching or any other activity. Rather, the Teaching relationship including all contractual obligations associated with it will occur solely between the Students and the Tutors. AS A CONSEQUENCE, ONLY THE RESPECTIVE TUTOR, NOT AL TADHKIRAH INSTITUTE, SHALL BE RESPONSIBLE FOR THE PROPER CONDUCT OF THE TEACHING AND ALL RELATED DUTIES. CORRESPONDINGLY, ONLY THE RESPECTIVE STUDENT, NOT AL TADHKIRAH INSTITUTE, SHALL BE RESPONSIBLE FOR HIS COMMUNICATIVE INPUT AND LIABLE FOR DUE PAYMENT OF THE FEES.
- The Users understand and agree that they have no ownership rights in their Account andAl Tadhkirah Institute may deny Students and/or the Tutor access to the Platform without giving further reasons. Further,Al Tadhkirah Institute reserves the right to cancel the Users Account, delete all Registration Information and any other information the Users have provided through the Site associated with their Account at any time, without notice, for any reason or no reason including, without limitation, Users’ violation of this TOU.Al Tadhkirah Institute reserves the right to terminate all contractual relations pursuant to Section 16 below.
- Registration Process
- The use of the Platform for communicative purposes requires online registration by the Users. Registration shall be free of charge.
- Registration shall be open to natural persons only (Legal persons, corporations, partnerships, associations or similar are not allowed as Students). Students must be at least 18 years of age and contractually capable.
- All data requested by Al Tadhkirah Institute has to be submitted accurately and completely.
- Upon registration, Users shall choose a member’s name (potentially their natural name) as well as a qualifying password to access their account. They shall keep their password confidential, secure their access to the Platform and notifyAl Tadhkirah Institute immediately of any suspected unauthorized access.
- Users shall not have multiple accounts.
- In order to provide maximum transparency, each Teaching relation involves the disclosure of the Students’ and their Tutor’s identity to each other. This includes disclosure of the Users’ full name and time zone.
- The Students are obliged during the term of their registration not to circumvent the Platform by using their Tutor’s identity to arrange for alternative means of Teaching (e.g. by telephone, chat, alternative videoconferencing platforms, or in person at any location). The Students are also obliged to deny any such suggestion by the Tutor.
- No circumvention shall be deemed to occur if Students and their Tutors make use of the online Teaching services at www.altadhkirah.org.au
- Further Obligations of the Users
- The Students shall not use the Platform for commercial or private purposes other than the receipt of Teaching services as described in Sec. 2 above.
- The Users shall refrain from any misuse of the Platform. In particular, the Users shall not:
- Use the Platform for services required to be provided by a qualified professional when the Tutor does not have the required qualifications to provide such services.
- Use the Platform to obtain any services that are against the law or otherwise prohibited in the location where the User is accessing services;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others on the Platform;
- Send, share or otherwise make available to any Users content that is or in any manner to be interpreted as unlawful, profane, defamatory, obscene, abusive, racist, indecent, threatening, vulgar, bigoted, libelous, tortuous, hateful, racially or ethnically objectionable, insulting, invasive of another’s privacy;
- Use the Site or Services for any illegal or unlawful purpose, for any purpose not expressly intended by Al Tadhkirah Institute or for the promotion of any illegal or criminal or anti-state or terrorist activities;
- Advocate, promote, inculcate, assist or encourage conduct that would lead to any acts of terrorism, give rise to criminal or civil liability, violate any law, or is otherwise inappropriate. The Users agree to immediately report any such action or activity on the part of any User or information to Al Tadhkirah Institute by phone and email;
- Send files that contain viruses, Trojan horses, worms, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Implement contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- The Users represent and warrant that they shall not engage in espionage or sabotage or in any terrorist or illegal activities or become a member or representative of any terrorist organization or commit, order, incite, assist, or otherwise participate in torture, extrajudicial killings, political killings or other acts of violence.
- AL TADHKIRAH INSTITUTE ASSUMES NO RESPONSIBILITY FOR VERIFYING THE IDENTITY, QUALIFICATIONS, CREDENTIALS, BIOGRAPHIC INFORMATION, AND/OR ANY OTHER INFORMATION REGARDING ANY OF THE USERS, ALTHOUGH IT MAY CHOOSE TO TAKE ACTION TO DO SO INDEPENDENTLY, IN ITS SOLE DISCRETION AND SOLELY FOR ITS OWN BENEFIT.Al Tadhkirah Institute reserves the right, in its sole discretion, to terminate Users account immediately and / or also report any activity that it suspects violates any law or regulation or terms of this TOU and / or report any instances where Al Tadhkirah Institute believe that Users are involved in threats, unlawful, illegal and criminal activities or are potential danger to the physical safety of himself or third persons to appropriate law enforcement officials, regulators, or other governmental officials.Al Tadhkirah Institute reserves the right, at its sole discretion, to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving our Services.
- Booking of Teaching Sessions
- Once Students have decided in favor of a particular Tutor on the Platform, they can contact the Tutor via the Platform and request Teaching online. The Tutor will answer the request by sending to the respective Student one or several suggestions for a date and time of a Teaching session. Neither the Students’ request nor the Tutor’s suggestions shall represent a binding contract or contract offer.
- Al Tadhkirah Institute cannot accept any liability for the Tutor’s performance of his related obligations, in particular repayment of the fee as applicable under statutory law.
- Fees, Charges and Billing
- Fees for Teaching shall be set individually by each Tutor. The Tutors may modify this fee over time at their own discretion.
- The Tutor shall state his personal fee in his profile. The fee shall be stated as an hourly rate. The amount shall be stated in US Dollars. Only the fee stated in this way will be chargeable by the Tutor and paid directly by the Student outsideAl Tadhkirah Institute.
- Beyond the obligation to pay the fee, the Students shall pay Al Tadhkirah Institute charges for the use of the Virtual Classroom on the Platform.
- All payments of fees and charges by Students will be processed by an external payment service company registered and monitored as a payment institution.
- All payments of fees and charges by Students are non-refundable, except as expressly provided in this TOU. If for some reason, including technological problems, Students believe that they are entitled to a refund for any Teaching Session, please contact Al Tadhkirah Institute at firstname.lastname@example.org All refunds are at Al Tadhkirah Institute’s sole discretion.
- Quality of Services
- Al Tadhkirah Institute offers a communicative forum without guaranteeing any type of success, gain, relief or similar effect to the Student.
- Al Tadhkirah Institute will aim to make the Platform’s services available in the best possible quality.
- Disclaimer of Warranties.
- THE SITE AND / OR THE SERVICE OR THE PLATFORM ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FOR THE USERS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE. AL TADHKIRAH INSTITUTE MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE, THE SOFTWARE OR THE SERVICE OR THE PLATFORM. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE OR THE PLATFORM IS AT USERS SOLE RISK.AL TADHKIRAH INSTITUTE DOES NOT WARRANT THAT USERS WILL BE ABLE TO ACCESS OR USE THE SITE, THE SOFTWARE AND/OR THE SERVICE OR THE PLATFORM AT THE TIMES OR LOCATIONS OF USERS CHOOSING; THAT THE OPERATION OF THE SITE, THE SOFTWARE OR THE SERVICE OR THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE, THE SOFTWARE OR THE SERVICE OR THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- STUDENTS ARE SOLELY RESPONSIBLE FOR ALL OF THEIR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS ON THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR STUDENTS VIA THE PLATFORM OR OTHERWISE. THE STUDENTS UNDERSTAND THAT AL TADHKIRAH INSTITUTE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF TUTORS USING THE SITE OR SERVICES OR THE PLATFORM.AL TADHKIRAH INSTITUTE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF TUTORS, STUDENTS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. THE USERS AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND / OR THE SERVICES OR THE PLATFORM.
- AL TADHKIRAH INSTITUTE PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND IN THE EVENT OF FAILURE OF COMMUNICATION NETWORKS, GATEWAYS, FORCE MAJEUR OR OTHER EVENTS OUTSIDE THE CONTROL AND RESPONSIBILITY OFAL TADHKIRAH INSTITUTE. LIKEWISE; ANY LIABILITY SHALL BE EXCLUDED IN CASE OF UNLAWFUL OR UNALLOWED ACCESS BY THIRD PARTIES TO THE PLATFORM OR THE TEACHING PROCESS BY MEANS OF HACKING OR SIMILAR MEANS.
- AL TADHKIRAH INSTITUTE PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT THE SITE, THE SOFTWARE OR THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
- Limitation of Liability; Sole and Exclusive Remedy. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALLAL TADHKIRAH INSTITUTE OR ANY OF ITS AFFILIATES, TOGETHER WITH ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS TOU, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE OR THE PLATFORM, EVEN IF AL TADHKIRAH INSTITUTE AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) THE USE OR THE INABILITY TO USE THE SITE, THE SOFTWARE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF USERS TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE AND / OR THE PLATFORM; (V) ANY OTHER MATTER RELATING TO THE SITE, THE SOFTWARE OR THE SERVICE OR THE PLATFORM; OR (VI) THE COST OF PROCURING SUBSTITUTE SERVICES OR TECHNOLOGY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW,AL TADHKIRAH INSTITUTE’S AGGREGATE LIABILITY TO USERS OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE THOUSAND RUPEES [PKR 1,000]. USERS ACKNOWLEDGE AND AGREE THAT USERS SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, THE SOFTWARE OR ANY PORTION OF THE SERVICE IS TO TERMINATE THEIR ACCOUNT AND DISCONTINUE USE OF THE SITE, THE SOFTWARE AND THE SERVICE.
- Indemnification The Users agree to indemnify, defend, and hold harmless Al Tadhkirah Institute, its directors, officers, affiliates, employees, licensors, attorneys and agents from any claims, losses, damages, liabilities, and expenses (including legal fees and expenses), arising out of or in connection with the use or misuse of the Site and / or the Service or the Platform, any violation of this TOU, or any breach of the obligations, representations, warranties, and covenants made herein, whether by Tutor or by any Student or Child user or parent or legal guardian of such child user.Al Tadhkirah Institute reserves the right, at Users expense, to assume the exclusive defense and control of any matter for which the Users are required to indemnifyAl Tadhkirah Institute, and the Users agree to cooperate with Al Tadhkirah Institute’s defense of these claims. Al Tadhkirah Institute will use reasonable efforts to notify the Users of any such claim, action, or proceeding upon becoming aware of it.
- Intellectual Property
- Al Tadhkirah Institute and its suppliers are the sole owners of all intellectual property, in particular the copyright, trademarks and database, incorporated in the Platform.
- Al Tadhkirah Institute does not grant any license or sub-license of such intellectual property to the Users and shall retain all ownership or rights to it.
- As a consequence, the Users shall not make use of the intellectual property in any way outside the functions of the Platform, in particular (but without limitation) by using or adapting the intellectual property for their own commercial or professional gain.
- Communication, Update
- Communication by Al Tadhkirah Institute vis-à-vis the Users shall take place through the Platform after each “login” by the Users or by e-mail to the latest e-mail address stated by them.
- The Users undertake to check these sources regularly and also to update their personal data (including his e-mail-address) registered with Al Tadhkirah Institute as soon as any changes have occurred.
- Termination, Survival
- Al Tadhkirah Institute, in its sole discretion, for any or no reason, and without penalty, may terminate User’s registration with Al Tadhkirah Institute or their use of the Site or the Service or the Platform and remove and discard all or any part of Users profiles, and Users Content, at any time. Al Tadhkirah Institute may also in its sole discretion and at any time discontinue providing access to the Site or the Service or the Platform or any part thereof, with or without notice. Users hereby agree that any termination of such Users access to the Site or the Service or the Platform may be affected without prior notice, and Users agree that Al Tadhkirah Institute will not be liable to such Users or any third party for any such termination.
- The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist in particular (but without limitation) in case of breach of the Users’ obligations under Section 6 above.
- Users may terminate their registration upon 30 days prior written notice. Each termination shall be in text form (e.g. by letter, telefax or e-mail).
- Non-Assignable Agreement
The User agrees that the Agreement is non-assignable. Likewise the Tutor shall not permit any third party to use the Al Tadhkirah Institute Platform in the Tutor’s name.
- Al Tadhkirah Institute reserves the right to amend the TOU at any time if this is necessary to accommodate developments not foreseeable at the time of registration, provided this does not substantially alter the contractual relation. Amendments shall also be allowed to accommodate case law impacting on the TOU. The description of Al Tadhkirah Institute’ services may be amended, provided the amendment does not entail substantial changes.
- Al Tadhkirah Institute will notify Students of the amendments at least two weeks before the change comes into force in text form. The change is deemed accepted by Student if he does not object within six weeks after receipt of the notice.Al Tadhkirah Institute will point out the right to object, the period and legal consequences, particularly regarding the failure to object to the changes. In the event of an objection,Al Tadhkirah Institute is entitled to not accept future bookings of Teaching by the relevant Student on the Platform.Al Tadhkirah Institute will provide a refund to Students of the entire fee for a Teaching sessions if the session is cancelled or significantly disturbed due to circumstances outside the Students’ and Tutors’ control (e.g. unavailability of space or ambient noise significantly above ordinary levels), if Al Tadhkirah Institute is notified hereof by the affected Student within 36 hours of the scheduled Teaching session.
- Governing Law; Jurisdiction
This TOU shall be is governed by, and will be construed under, the laws of the Pakistan. All disputes arising out of or related to the use of the Site, the Software and/or the Service shall be subject to the exclusive jurisdiction of Karachi and you agree to submit to the personal jurisdiction of such courts.
If any of the provisions of this TOU is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
The contract language is English.
- Entire Agreement
This TOU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site, the Software and the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or the Service.