terms and conditions

HOME > TERMS AND CONDITIONS

Effective as of April 1, 2015

Legal Notice: This website is the corporate website of Pansophic Learning US LLC (“Pansophic Learning,” “we,” “us” or “our“). Pansophic Learning is a limited liability company registered with the State of Delaware in the United States of America. The information contained on any of our websites is for informational purposes only. United Arab of Emirates is the country of domicile of iCademy Middle East.

References to “you”, “your” and “yours” are references to the person(s) accessing the Sites (as defined below).

Welcome to our web site. These web site terms and conditions (“Terms” or “Terms of Use“) apply to your access to, and use of the Pansophic Learning websites located at pansophiclearning.com as well as any other Pansophic Learning-controlled sites, regardless of domain name or IP address (collectively, “Site” or “Sites”) and features and applications accessible through, or in connection with, the Sites (collectively the “Services“). Certain Services may be subject to additional terms and conditions (collectively “Additional Terms“) as may be set forth in these Terms of Use, on the Sites or in connection with your use of such Services, and your use of such Services constitutes your agreement to all applicable Additional Terms and such Additional Terms are hereby incorporated by reference into these Terms of Use. Further, these Terms of Use are in addition to the terms or conditions of any other agreement you may have with Pansophic Learning or its affiliates, for products, services or otherwise, including, without limitation, terms, conditions and policies relating to the courses and educational programs provided by Pansophic Learning. The Terms constitute a legal document that details your rights and obligations as members (“Members“) of the Services, as described below. All Members must accept the Terms as a condition of membership to the Services. When you accept the Terms and complete the registration process for the Services, you become the “Member Account” holder. If you do not agree to all of these Terms, do not use the Sites or the Services.

Modifications to Terms of Use
We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use or any Additional Terms of the Sites, at any time and in our sole discretion. If we change or modify these Terms of Use, we will post the changes to these Terms of Use on the Sites and will indicate at the top of this page the date these Terms of Use were last revised. You must agree to accept the amended terms prior to your continued use of any of the Sites or the Services following the posting of changes or modifications and your agreement will constitute and confirm your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Sites and the Services.

Privacy Policy
Please refer to the privacy policy on the applicable Site for information on how we collect, use and disclose the information collected on that Site.

Description of Services
We provide you with access to a learning environment, curriculum, community tools, including lessons, assessments, various communication tools, directories, clubs, event offerings and opportunities to communicate with other Member families. You understand and agree that these Services may include certain communications from us, such as service announcements, administrative messages, other membership messages and a newsletter and that these communications are considered part of your membership and you will not be able to opt out of receiving them. You understand and agree that the Services are provided “AS-IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services and all fees associated with such access, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services unless we are obligated to provide such equipment or access under the terms of your customer agreement with us. www.icademymiddleeast.com will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of UAE.

Your Registration Obligations
n consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Arab Emirates (“UAE“) or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself (the “Registration Data“) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We are concerned about the safety and privacy of all our users, particularly children. When you create a Student Account, you certify that you are at least 18 years old and that you are either the Student or the legal guardian of the child/children listed on the Student Account.

Parental Resonsibility
if you are the parent or legal guardian of the Student, you always remain ultimately responsible for your Student’s education. You agree to be responsible for your Student’s education, including without limitation, where required or applicable, logging attendance, participating in parent/student conferences, conducting or supervising lesson delivery and completion, the accuracy and integrity of your Student’s work and maintaining equipment and other materials we provide. In addition, it is your responsibility to determine whether any of the Service areas are appropriate for your child.

Permitted Use
You understand and agree that you are not authorized to use the Site or any equipment, materials or services we may provide for any purpose not expressly authorized herein. In particular, you agree that you may not use the Site or any equipment, materials or services we may provide for the benefit of anyone other than the Student and not for any other person or past the period of time stated in your customer agreement. You understand we reserve the right to revoke access to the curriculum and the Site and wipe or render unusable any equipment without prior notice if we have reason to believe that these Site Terms of Use have been or may be violated. You will be fully liable for all costs or losses to us or the School related to your violation of these Site Terms of Use. We may disclose user information about you if required by applicable law or by subpoena or court order.

Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (“Third-Party Content“), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Third-Party Content originated. This means that you, and not Pansophic Learning are entirely responsible for all Third-Party Content that you upload, post, email, transmit or otherwise make available via the Services. We do not control the Third-Party Content posted through the Services and, as such, do not guarantee the accuracy, integrity or quality of such Third-Party Content. You understand that by using the Services, you may be exposed to Third-Party Content that is offensive, indecent or objectionable or contrary to the legal requirements, social requirements and content regulations (including but not limited to customs, religious and other cultural sensitivities) of the UAE. Under no circumstances will we be liable in any way for any Third-Party Content, including, but not limited to, any errors or omissions in any Third-Party Content, or for any loss or damage of any kind incurred as a result of the use of any Third-Party Content posted, emailed, transmitted or otherwise made available through the Services.

By posting information in or otherwise using any interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content—including text, communications, software, images, sounds, data, or other information—that:

could be harmful to minors;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a username or password, or otherwise violates our policies or these Terms;
is contrary to any legal requirements, social requirements and content regulations (including but not limited to customs, religious and other cultural sensitivities) of the UAE.
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual or proprietary right of any party;
constitutes an unauthorized commercial use such as, but not limited to, engaging in unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, solicits passwords or personally identifiable information, or any form of lottery or gambling, sweepstakes or advertising or political campaigning;
disrupts the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
interferes with or disrupts the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
“stalks” or otherwise harasses another;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
impersonates any person or entity, including any employee or representative of Pansophic Learning or one of its affiliates or otherwise misrepresents your affiliation with a person or entity. You also agree that you will not harvest or collect information about the users or Members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications;
constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party, or that would otherwise create liability or violate any applicable laws, enactments, decrees, orders (having the force of law), government acts, regulations, regulatory policies and guidelines, industry codes, regulatory permits and licences which are in force in the UAE or underinternational law; or
includes private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
This list of prohibitions provides examples and is not complete or exclusive.

You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 years old) without appropriate prior verifiable parental consent. Personal information includes but is not limited to name, address, phone number, or name of their school.

We generally do not pre-screen, monitor, edit or remove Third-Party Content. Pansophic Learning and its agents, however, have the right (but not the obligation) at their sole discretion to pre-screen, monitor, edit or remove any Third-Party Content that, in our judgment, does not comply with these Terms or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such Third-Party Content. You agree that you must evaluate, and bear all risks associated with, the use of any Third-Party Content, including any reliance on the accuracy, completeness, or usefulness of such Third-Party Content. In this regard, you acknowledge that you may not rely on any Third-Party Content created by Pansophic Learning or submitted to Pansophic Learning.

You acknowledge, consent and agree that we may access, preserve, and disclose your account information and Third-Party Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Third-Party Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Pansophic Learning, our users and the public.

You understand that the technical processing and transmission of the Services, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Content Submitted or Made Available for Inclusion on the Service
We do not claim ownership of Third-Party Content you submit or make available for inclusion on the Services. With respect to Third-Party Content you submit or make available for inclusion on Member accessible areas of the Services, however, you grant Pansophic Learning the following world-wide, perpetual, royalty free and non-exclusive license(s), as applicable:

By posting or submitting Third-Party Content to this Site, you grant Pansophic Learning and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and you warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Pansophic Learning will not infringe or violate the rights of any third party.

“Member accessible” areas of the Service are those areas of the Pansophic Learning network of properties that are intended by Pansophic Learning to be available to Members. By way of example, Member accessible areas of the Services would include discussion boards and community sites.

General Practices Regarding Use and Storage
You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days discussion board postings or other uploaded Third-Party Content will be retained by the Services, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Third-Party Content maintained or transmitted by the Services. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.

Modifications to Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Asset Monitoring
You understand and agree that for Students enrolled in a school that makes equipment available for use by the Student) during the contract period, each piece of equipment may include software that monitors the location of the equipment and whether the hardware or software has been altered in violation of these Terms of Use. The software may monitor internet usage or record personally identifiable information. Monitoring is aimed to protect our property rights in the hardware and software.

Filtering Software
You understand and agree that for Students enrolled in a school that makes equipment available for use by the Student during the contract period, applicable law of the UAE may require that the equipment made available to the Students be equipped with filtering software to restrict access to Internet sites containing child pornography, obscene depictions, or other materials harmful to minors under 18 years of age. We may also install such filtering software at our discretion. The software will work by scanning for objectionable works or concepts, as determined by the default settings of the software manufacturer. However, no software is foolproof, and there is a risk an Internet user may be exposed to a site containing such materials. Parents are free to increase the filtering settings to be more stringent than the default settings if they so desire.

Linking and Third-party Sites
You may not link or deep-link to this Site or any content contained on it without Pansophic Learning our prior written consent. This Site may produce automated search results that reference or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply our endorsement of the site or any association with its operators, nor do we warrant that other sites will not contain viruses or otherwise affect your computer. We may install filtering software described above, however, we do not warrant that objectionable websites will not be accessible even with the installation of the filtering software.

Access and Interference
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of or others’ use or enjoyment of, the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Disclaimers of Warranties
Your use of the service is at your sole risk. All materials, information, software, products, and services included in or available through the site (the “content”) are provided “as is” and “as available” for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Pansophic learning and its licensors do not warrant that the content is accurate, reliable or correct or that it will meet your needs or requirements; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage to the computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from pansophic learning or through or from the site shall create any warranty not expressly stated in our terms. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you except that our liability in such jurisdictions shall be limited to the extent permitted by law.

Limitation of Liability
You expressly understand and agree that to the maximum extent permitted by applicable law pansophic learning, our subsidiaries, related or affiliated companies, and licensors shall not be liable for any direct or, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the products, services or the site; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the site; (iv) any other matter relating to our products or services or the site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Some of the foregoing limitation may not apply to you except that our liability in such jurisdictions shall be limited to the extent permitted by law.

Release
You hereby release and forever discharge us, the school and any chartering district or other chartering authority, as applicable, their officers and directors, and their employees, agents, successors and assigns, (“released parties”), from all actions, causes of action, injuries, claims, damages, costs or expenses of any kind growing out of or related to your or your student’s use of the curriculum we provide or the site. You understand that this is a full and complete release to the maximum extent allowed by law of all claims and damages which you or your student(s) may have as a result of his or her use of the curriculum we provide or the site regardless of the specific cause thereof.

Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the limitations set forth in “disclaimer of warranties” and “limitation of liabilities” may not apply to your choice of law and forum.

These Terms shall be governed by and construed in accordance with the Federal laws of the United Arab Emirates and the Emirate of Dubai. The parties agree and acknowledge that all disputes, controversy or claims arising out of or in connection with these Terms shall be finally settled by arbitration in accordance with the provisions set forth under the arbitration rules (the “Rules”) of the Dubai International Arbitration Centre (“DIAC”), by one (1) arbitrator appointed in compliance with the Rules, and:

the seat of the arbitration shall be the Emirate of Dubai;
the language of the arbitration shall be English;
the arbitration award shall be final and binding upon the Parties and not subject to any appeal in any court; and
the arbitration shall deal with the question of the costs of the arbitration and all related matters.
The parties agree and acknowledge that any dispute and arbitral proceedings may take longer than six (6) months and the parties agree and acknowledge that in the event that a dispute and/or arbitral proceedings takes longer than six (6) months, such circumstance shall not form the basis of a procedural challenge to any arbitral award that is subsequently delivered.

Nothing shall prevent either party from applying to a court of competent jurisdiction for urgent interim relief.

Indemnification
You agree to defend, indemnify, and hold harmless Pansophic Learning and our related or affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site, including claims arising out Third-Party Content you submit, post, transmit or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms or your violations of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Severability and Integration
Unless otherwise specified herein, these Terms along, with the applicable enrollment form and other registration materials , constitute the entire agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Site. If any part of these Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination
You agree that we may, under certain circumstances and without prior notice, immediately suspend, terminate and/or delete your account and access to the Services. Cause for such suspension, termination and/or deletion shall include, but not be limited to, (i) breaches or violations of the Terms, or of other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions), (iv) discontinuance or material modification to the Services (or any part thereof), (v) unexpected technical or security issues or problems, (vi) extended periods of inactivity, (vii) engagement by you in fraudulent or illegal activities, and/or (viii) nonpayment of any fees owed by you in connection with the Services.

Termination of your account may include (i) removal of access to all offerings within the Services, (ii) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (iii) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account, or access to the Service Both parties acknowledge and agree that a court order will not be required to give effect to any termination set out under these Terms of Use.

Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the limitations set forth in “disclaimer of warranties” and “limitation of liabilities” may not apply to your choice of law and forum.

These Terms shall be governed by and construed in accordance with the Federal laws of the United Arab Emirates and the Emirate of Dubai. The parties agree and acknowledge that all disputes, controversy or claims arising out of or in connection with these Terms shall be finally settled by arbitration in accordance with the provisions set forth under the arbitration rules (the “Rules”) of the Dubai International Arbitration Centre (“DIAC”), by one (1) arbitrator appointed in compliance with the Rules, and:

the seat of the arbitration shall be the Emirate of Dubai;
the language of the arbitration shall be English;
the arbitration award shall be final and binding upon the Parties and not subject to any appeal in any court; and
the arbitration shall deal with the question of the costs of the arbitration and all related matters.
The parties agree and acknowledge that any dispute and arbitral proceedings may take longer than six (6) months and the parties agree and acknowledge that in the event that a dispute and/or arbitral proceedings takes longer than six (6) months, such circumstance shall not form the basis of a procedural challenge to any arbitral award that is subsequently delivered.

Nothing shall prevent either party from applying to a court of competent jurisdiction for urgent interim relief.

Copyright and Limited License
Unless otherwise indicated in the Sites, the Sites, the Services and all content and other materials on the Sites including, without limitation, the Pansophic Learning logo, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the “Site Materials“) are the proprietary property of Pansophic Learning or their licensors or users and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Sites, the Site Materials and the Services, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only. Such license is subject to these Terms of Use, the applicable Additional Terms, if any, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:

resell, lease, transfer, lend, timeshare, syndicate or commercially use the Sites, Site Materials or the Services;
decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Sites, the Site Materials or the Services;
distribute, publicly perform or publicly display the Sites, the Site Materials or the Services;
modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
download, index or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;
remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;
create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Site Materials, the Services or any proprietary information related thereto;
use the Sites, the Site Materials or the Services other than for its intended purpose; or
attempt to register any intellectual property rights in the Sites, the Site Materials or the Services anywhere in the world.
Any use or attempted use of the Sites, the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of Pansophic Learning, or its licensors, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use or any applicable Additional Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in Pansophic Learning’s sole discretion.

Trademarks
All logos and any other product or service name or slogan contained in the Sites are trademarks of the University, or their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of the University or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing “Pansophic Learning” or any other name, trademark or product or service name of Pansophic Learning without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Pansophic Learning and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Pansophic Learning.

Violations
Please report any violations of the Terms to our Customer Support Group.

Online Payments
We accept payments online using Visa and MasterCard credit/debit card in AED.

Any payment dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.

Minors under the age of 18 are prohibited to make a payment transactions under this website.

If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.

The cardholder must retain a copy of transaction records and Merchant policies and rules.

www.icademymiddleeast.com will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of UAE.