These Terms of Use, together with the privacy policy available at https://academy.skynewsarabia.com/, and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement”.
This Agreement constitutes a legal agreement between you (“you”) and Sky News Arabia FZ-LLC (hereinafter referred to as “SNA”, “we” or “us”). This Agreement sets forth the terms of use (“Terms”) that govern the access or use by you of applications, websites, content, products, programs and services made available by SNA (the “Services”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by this Agreement. If you do not agree to the Terms, you may not access or use the Services. The Terms, together with any Supplemental Terms (as defined below), expressly supersede prior agreements or arrangements with you, and supersede content or information you read or have access to at other places, such as our website, emails, or applications. SNA may immediately terminate this Agreement or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason or no reason.
Supplemental terms or policies applicable to any particular Service (“Supplemental Terms”) will be disclosed to you. Supplemental Terms may include terms and conditions of any particular event, activity, program or promotion. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s).
SNA may amend the Terms from time to time. Amendments will be effective upon SNA's posting of such updated Terms or such amended Supplemental Terms. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
By accessing and using the Services, you represent and warrant that: (i) you are at least 18 years old and are a legal adult in the jurisdiction in which you reside; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the Terms, and that you will so abide. If you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. The Services are not available to anyone under 18 years of age, or to any individual whose account has been terminated. Your account may not be used for Services to be performed for another person.
The Services
The Services constitute website(s) including the website at https://academy.skynewsarabia.com/ (the “SNA Platform”) that enables users to access digital media training courses (the “Courses”).
License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.
Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Ownership. The Services and all rights herein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services, except for the limited license granted above, or to use or reference in any manner our company names, logos, product and service names, trademarks or services marks. All content appearing on the SNA Platform is our property or the property of our partners and is protected by international copyright laws. Certain names, graphics and logos are trademarks, service marks, or trade dress (together, “Marks”) of SNA. Our Marks may not be used for any purpose except as specifically approved by us. All other Marks are the property of their respective owners and may not be used without their prior written consent. It is your sole responsibility to obtain the prior written consent of respective owners of other Marks.
Your Use of the Services
User Accounts. In order to use all aspects of the Services, you must register for and maintain a user account (“Account”). Account registration requires you to submit certain personal information, such as your name, email address, address and/or mobile phone number, and your PayPal account details. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or SNA's termination of this Agreement. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. We are not liable for any loss that you may suffer through the use of your password by others. You must notify us immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to SNA. It will not be possible for you to enroll for a Course without an active Account.
Booking a Course. Courses can be booked from the “Courses” section of the SNA Platform. To enroll for a Course, please select the Course that interests you. Courses can also be filtered according to month of tuition and Course type or can be searched using search terms. Once you have found a Course that interests you, please click on the Course entry. You will then be redirected to the Course description page, setting out Courserequirement(s), location(s), date(s), timing(s), Charge(s) (as defined below) and similar Courses that may be of interest to you.Assuming there is availability for the Course that you have selected, you will be able to add the Course to your shopping basket and pay the applicable Charge(s). As set out below, SNA uses a third party payment processor, Paypal, to process payments. Once payment has been effected, you will receive an email confirming your enrollment to the booked Course(s) and setting out details of the Course(s) and relevant requirement(s), location(s), date(s) and timing(s). It is your sole and exclusiveresponsibility to ensure that you attend Course(s) at the location(s), date(s) and timing(s) set out – non-attendance will not result in any refunds. SNA reserves the right to change Course requirement(s), location(s), date(s) and timing(s) at its sole discretion. It is your sole and exclusive responsibility to remain informed of any changes to Course requirement(s), location(s), date(s) and timing(s) at all times.
Communications. You expressly consent and agree to receive communications from us, including via e-mail, text message, calls, and push notifications, to the mobile telephone number you provided to us and/or through the SNA Platform. You understand that you may receive communications generated automatically by or on behalf of SNA or its affiliated companies, including operational communications concerning your Account, use of the SNA Platform or Services, updates concerning new and existing features on the SNA Platform, communications concerning promotions, and news concerning us and our Services.
You agree that all communications on the SNA Platform is recorded and will be stored by SNA. You agree to our use and disclosure of this data for legitimate business purposes. We may send you confirmation and other transactional communications regarding the Services. We may also send you emails or push notifications or text messages about services that we think might interest you (“Promotional Communications”). You can unsubscribe from Promotional Communications at any time.
Promotional Codes or Credits. We may create promotional codes or credits that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms associated with each promotion (“Promo Codes”). You agree that Promo Codes: (i) must be used by the intended audience and for the intended purpose and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to SNA; (iv) may only be used pursuant to the specific terms that we established for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. SNA reserves the right to interpret how the Promo Codes will be used, or to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Network Access and Devices. You are responsible for obtaining the compatible hardware or devices and data network access necessary to use the Services. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications and we shall not be held liable for any such malfunction or delay.
Payment Terms
You understand that use of the Services may result in charges to you for the Services you receive or the Courses you have booked from SNA (“Charges”). Charges may include applicable taxes. SNA uses a third party payment processor, PayPal and Etisalat Payment Gateway to process payments.
Payments may be made using PayPal, Visa and MasterCard credit/debit card in USD (or any other agreed currency) or through bank transfer.
You shall make all necessary inquiries about charges or fees payable to your credit/debit card service provider.
All credit/debit cards details and personally identifiable information will not be stored, sold, shared, rented to any third parties.
You agree that all credit/debit cards details provided by you for payment must be correct and accurate and that you agree not to use a debit/credit card, which is not lawfully owned by yourself or the use of which is not authorized by the lawful owner thereof.
You agree, understand and confirm that information provided for online payment, which may include, without limitation, details relating to debit/credit cards, transmitted over the Internet may be susceptible to misuse, hacking, theft and/or fraud and neither us nor our third party payment processor have any control over such matters. Neither us nor or third party payment processor accepts or assumes any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by you.
SNA does not directly receive or store your credit or debit card information. You agree, understand and authorize the payment of Charge(s) according to PayPal’s terms and conditions or Visa and MasterCard conditions. You agree not to make any alternative payment arrangement with SNA contractors or staff that provide the Courses or Services.
We expressly disclaim any liability for any damage that may result should any credit or debit card information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
Our website will not deal or provide any services or products to any of Office of Foreign Assets Control (OFAC) sanctions countries in accordance with the laws of the UAE.
Charges paid by you are final and non-refundable, unless otherwise determined by us. All Charges are due immediately. In case any refund is due, it should be done only through the original mode of payment.
We reserve the right to establish, remove and/or revise Charges for any or all Courses or Services at any time in our sole discretion.
Termination and Cancellation
Termination by SNA. We may terminate this Agreement or terminate or suspend your Account immediately at any time for any reason or for no reason upon notice to you. If we terminate or suspend your Account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action. When terminating your Account, we may delete the Account and any information in it. You have no ownership rights to your Account.
Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Services or any Courses (provided that there are no outstanding Services or Courses ordered under your Account). If you attempt to terminate this Agreement while there are still outstanding Services or Courses ordered under your Account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by this Agreement.
Cancellation of Course attendance by You. You may cancel Course attendance at any time, subject to the following:
We reserve the right to establish, remove and/or revise our cancellation policy or cancellation fees at any time in our discretion.
Cancellation of Courses by SNA.SNA may cancel a scheduled Course at any time. In the event of cancellation by SNA, you will be reimbursed 100% of the Course fee(s) that you have paid. Reimbursement can take the form of credits to be used to register for other Courses on the SNA Platform or reimbursement to you through the PayPal online payment platform.
Vetting of Third Party Providers
Courses may be provided by third party contractors engaged by SNA. Such contractors are subject to an extensive vetting process. Although we may perform checks of third party course providers, we cannot and do not assume any responsibility for the accuracy or reliability of Courses provided or anyother information or tuition provided through the Services. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF COURSE ATTENDESS AND YOU HEREBY RELEASE SNA FROM ANY LIABILITY RELATED THERETO. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR ATTENDANCE OF THE COURSE OR YOUR USE OF THE SERVICES.
Disclaimers
THE SERVICE IS MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. WE DO NOT PROVIDE, AND SPECIFICALLY DISCLAIM, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SNA PLATFORM WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SNA PLATFORM WILL BE CORRECTED; (VIII) THAT SERVICES OFFERED WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE SNA PLATFORM IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. SNA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SNA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitations of Liability
YOU AGREE NOT TO HOLD SNA (OR, ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, "MEMBERS")) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SNA PLATFORM OR ANY SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, DELAY OF PERFORMANCE OR OMISSION OF ANY USER OR THIRD PARTY PROVIDER (OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER), ANY DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY SNA OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL SNA OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SNA AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE SNA PLATFORM.
SNAIS NOT RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE SNA FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM OR IN ANY WAY RELATED TO ANY THIRD PARTY PROVIDER. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY PROVIDER. WHERE APPLICABLE, THE QUALITY OF THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE SNA PLATFORM SHALL ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SNA PLATFORM, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SNA PLATFORM, AND THIRD PARTY PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE SNA PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATING TO COURSES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SNA OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT PAID BY YOU TO ATTEND A COURSE.
BY USING THE SNA PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE SNA PLATFORM.
Indemnification. You hereby agree to indemnify, defend, and hold harmless SNA and Members from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the SNA Platform, and/or the Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another; and (v) your information and content that you submit or transmit through the SNA Platform. SNA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of SNA.
Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates as enforced in the Emirate of Abu Dhabi. Any and all disputes, controversies and claims arising out of, involving, or relating to this Agreement shall be referred to the exclusive jurisdiction of the courts of Abu Dhabi, specifically excluding the Abu Dhabi Global Market Courts.
Other Provisions
General. You may not assign these Terms without SNA's prior written approval. SNA may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of SNA's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you orSNA as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. SNA's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SNA in writing.
Complaints of Copyright Infringement. We respect the intellectual property of others. We will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided through the SNA Platform or in connection with the Services infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to us a properly submitted copyright notice as indicated below, we will investigate, and if we determines, in our discretion, that the material is infringing, we will remove the content. All notices claiming an infringement of copyright rights must contain the following: (i) identification of the intellectual property right that is allegedly infringed (all relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included); (ii) a statement specifically identifying the location of the infringing material, with enough detail that we may find it (please note it is not sufficient to merely provide a top level URL); (iii) the complete name, address, telephone number and e-mail address of Complainant; (iv) a statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law; (v) a statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; and (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. SNA's contact information for notice of alleged copyright infringement is via email: snaacademy@skynewsarabia.com.
Notice. SNA may give notice by means of a general notice through the SNA Platform and/or electronic mail to your email address in your Account, or by written communication sent by courier delivery to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by courier) or 12 hours after sending (if sent by email). You may give notice to SNA, with such notice deemed given when received by SNA, at any time by courier delivery to legal@skynewsarabia.com.
Links to Other Websites and Display of Others’ Brand Names or Logos. The SNA Platform may contain logos and/or brand names of third parties, and/or links (such as hyperlinks) to third-party websites. Such brands, logos, and links do not constitute our endorsement of those parties, sites or their content. They are provided as an information service, for reference and convenience only. We do not control any such sites, and are not responsible for their availability or accuracy, or content, advertising, or products or services. The existence of links on the SNA Platform to such websites (including without limitation external websites that are framed by the SNA Platform as well as any advertisements displayed in connection therewith) does not mean that we endorse any of the material on such websites, or have any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. We expressly disclaim any liability arising in connection with your use and/or viewing of any websites, others’ brands or logos, or other material associated with links, logos or brand names that may appear on the SNA Platform. You hereby agree to hold us harmless from any liability that may result from the use of links that may appear on the SNA Platform.
Questions. Please contact us with any questions regarding this Agreement by emailing us at snaacademy@skynewsarabia.com.