PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Last updated: 10-July-2020
bina school, Inc. (hereinafter referred as "bina")
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to bina. and “You”, “Your” and “Customer” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and bina's rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential precondition to you using our website that you agree and accept that bina. is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
PERSONAL DATA/PERSONAL INFORMATION
“Personal Data/Personal Information” means personal data within the meaning of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (The General Data Protection Regulation – GDPR), processed by bina. (or a Sub-Processor) on behalf of the Customer pursuant to, or in connection with, the Agreement.
You must be over 18 years of age to use this website and to purchase any goods or services.
RETURNS AND REFUNDS
Regardless of the billing cycle, the Company provides no refunds, no right of set-off, or credits for unused time of the Services, or plan downgrades if you decide to close, downgrade, or suspend your account before the end of your services period.
There will be no exceptions in order to treat all Customers equally and to keep our administrative costs low for the ultimate benefit of our Customers.
Each customer agrees to pay all applicable fees for Classes (“Enrollment Fees”) as set forth on the Site and agreed during the enrollment process. All Enrollment Fees are payable in the currency specified on the Site or agreed during the enrollment at the time of purchase. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company’s net income. Customer hereby authorizes bina. to bill customer’s payment instrument upon confirmation of a purchase, and customer further agrees to pay any charges so incurred. If a customer disputes any charges you must let bina. know within sixty (60) days after the date that bina. charges you.
The Agreement shall be concluded for the term specified by the Customer (services period). The term of the Agreement shall not automatically renew for additional periods equal to the expiring services period unless the Customer explicitly requests this.
bina. shall, at the prior written request of the Customer, delete the Customer’s Personal Data within (thirty) 30 days, except where bina. is legally obliged to retain this information.
Closing the account by the Customer before the end of services period for which a payment has been made does not obligate bina to refund the amount for the unused period.
bina reserves the right to close the Customer’s account and terminate the Agreement anytime without prior notification to the Customer in case of breaching provisions of the Agreement, disruptive or inappropriate behaviour during bina classes, or in the event of illegal use of the furnished Services. bina shall not be liable for any damages suffered by the Customer, the End-User, or any other third party arising due to the suspension or closing of the Account. The Agreement will terminate simultaneously and automatically with the termination of any of the Addendum(s) unless otherwise mutually agreed by Parties.
LINKS TO OTHER WEBSITES
bina may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between bina and the owners of those websites. bina takes no responsibility for any of the content found on the linked websites.
bina’s website may contain information provided by third parties for which bina accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, bina absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. bina gives no warranty that the documents, goods or services will be free of errors.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of bina to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email at email@example.com. All information we receive from our customers, is protected by our secure servers. Furthermore, all of the customer data bina collects is secured against unauthorized use or access.
bina classes are led by registered and certified teachers, who are vetted through the relevant certification authorities in the country of certification. Our teachers are familiar with, and proficient in, the latest teaching methods and possess appropriate teaching skills for the classes that they teach.
Our teachers are under strict instruction to avoid having any form of social media open or active on any of their devices whilst performing their role of teacher during bina classes to ensure the privacy of children.
CLOUD RECORDING STORAGE AND RECORDING OF AUDIO AND VIDEO
Teachers may record parts of a class, or entire class, for reference or learning purposes. These recordings are processed and stored in bina’s cloud after the class, or meeting, has ended; these recordings are password-protected and available only to select people in the bina organization on a strict “minimum required access” basis. If a teacher records part of a class through enabling cloud video and audio recording, both will be stored encrypted on our servers in the EU. These recordings are kept only for as long as the intended use, and will be permanently removed within reasonable time afterwards. You may also request that any recordings and information of the student enrolled by you are deleted, and we will comply when possible, unless we are legally required to retain the files.
Our teachers may not record audio or video from any of our classes through any other means than the built-in record function of the online classroom environment where the classes are hosted.
Customers, Students or other 3rd parties may not, under any circumstance, or for any purpose, record any part of audio or video received through bina services. Doing so could result in legal proceedings and possible legal consequences.
bina does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSURE OF YOUR INFORMATION
bina may be required, in certain circumstances, to disclose information in good faith and where bina is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of bina, its customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of bina. bina expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then bina will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. bina reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise distribute any of the materials, documents or products that may be available for download from time to time on this website.
bina expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, record, distribute or commercially exploit any of the content from bina’s services. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
EDUCATION OR COACHING
By using our services, you agree that bina is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold bina liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by bina.
All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and bina takes no responsibility for your actions, choices or decisions.
This agreement and this website are subject to the laws of the State of Delaware. If there is a dispute between you and bina that results in litigation then you must submit to the jurisdiction of the courts of the State of Delaware, United States of America.
COMPLAINTS AND SUGGESTIONS
We make every effort to offer the best services possible, if you should wish to share any complaints or suggestions, please contact us at firstname.lastname@example.org and we will respond as soon as possible.