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Terms of Use

Please read this document carefully!

This document sets out the terms for use of the Bisaat platform. It governs both our Course & Content Creators (“Creators”) and our end users (“Students”), collectively (“You” or “Users”). Bisaat is committed to transparency, which includes providing a Terms of Use that is understandable and written in plain language. Because this document represents our agreement with You about Your use of our platform, please take the time to read this document.

Our Terms of Use (“Terms” or “Agreement“) also includes our Privacy Policy, Cookies Policy, Data Processing Agreement, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the Bisaat platform, whether You are a visitor, guest, Creator, Student, etc.

Bisaat’s Platform can be found at https://Bisaat.io , and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed, operated, etc. by Bisaat. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the “Platform”.

Introduction

“Bisaat” provides an open online learning content creation platform designed to allow Creators to build, design, publish, and sell courses and services (“Content”) to their Students. Bisaat offers this Content creation platform along with a number of additional services and tools and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as “Bisaat Services”.

By using our Platform in any manner, You are expressly agreeing to, and give Your consent to be governed by, these Terms. If you do not agree with these Terms or you do not wish to be bound by these Terms, You must not use or access Bisaat’s Platform in any manner.

Bisaat is neither a content provider nor an educational institution. Creators and Students are not employees of Bisaat. Bisaat is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their Content available and, at each Creator’s election, for processing payments. Bisaat is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Creator or Creator Content at any time.

As stated in our Privacy Policy, Bisaat only provides Creators with limited information about the Students enrolled in their Content, including name, email address, IP address, and the Content in which the Student has enrolled. This information is only available to the Creator upon the purchase or enrollment of a Student in the Creator’s Content. Bisaat does not provide, sell, rent, release, disclose, or otherwise transfer Student data to Creators for monetary or other valuable consideration.

Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform.

Terms Applicable to All Users of the Bisaat Platform

License to Creators & Students

Bisaat grants you a limited, non-exclusive license to access and use Bisaat’s Platform for Your own personal and commercial purposes. This license is only for your use and may not be assigned or sublicensed to anyone else, without Bisaat’s express written consent. Except as expressly permitted by Bisaat in writing, You will not try to reproduce Bisaat’s Platform (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license. You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by Bisaat are reserved.

Code of Conduct

We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it’s better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform.

  1. No Illegal Activity: This is about as simple as it gets. Do not use the Bisaat Platform for any illegal activity. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Kingdom of Saudi Arabia or other countries).
  2. No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity.
  3. No Bad Code: Do not use the Bisaat Platform to transmit, distribute, send, or otherwise expose the Platform or its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
  4. No Spamming: You may not use the Bisaat Platform to engage in any activities that will result in sending spam to anyone on the Bisaat Platform, including Bisaat (and its employees), Creators, and Students.
  5. Be Civil: We’re an open platform allowing Islamic shariah-compliant subject matters to be taught. Not all Content is for everyone. But the one thing we can all agree on is that when we use the Bisaat Platform we are going to be civil and respectful at all times.
  6. No Exploitation: You will not use the Bisaat Platform to try to gather personal information on anyone outside of the limited permissible uses for offering or accessing Content.
  7. No Impersonation: You will not impersonate anyone on the Bisaat Platform, including Bisaat (and its employees), Creators, and Students.
  8. No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods.
  9. No Use Other Than Intended: You may not use the Platform, or any Content contained on the Platform for any purposes other than intended.
  10. No Prohibited Content: You may not use the Platform if Your Content contains material that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in Our sole discretion.

 

If You violate this Code of Conduct, we reserve the right to remove You and any of Your Content from the Bisaat Platform. Whether conduct violates our Code of Conduct will be determined in Bisaat’s sole discretion.

Terms Applicable to Creators

Intellectual Property and Data Processing

In operating our Platform, it’s important for us to make it clear who owns what and who’s responsible for what. You are trusting us with your content and consistent with Bisaat’s genuine belief in transparency we want to make it simple for you to know exactly what you are getting into when you join the Bisaat community.

  • Bisaat Content: Content that Bisaat uploads to the Platform, Bisaat intellectual property and proprietary information, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as “Bisaat Content”, and is and remains the sole property of Bisaat. Bisaat Content, including our trademarks, may not be modified by you in any way.
  • Your Content: Content that you upload to the Platform is and remains your content. Bisaat does not claim any intellectual property rights over the materials you upload to the Bisaat Platform by virtue of your use of Bisaat Services. By uploading Your content to the Bisaat Platform, You agree that:
  1. Bisaat may review your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Bisaat has no obligation to review anything that you upload.
  2. You are uploading your content to the Bisaat Platform at Your direction and Bisaat does not in any way certify or provide approval or permission prior to you uploading your content.
  3. Bisaat may display your content to other users (e.g. Your Students) via the Bisaat Platform.
  4. You agree that by uploading your content to Our Platform, You are allowing us to store Your Content.
  5. You agree to provide Bisaat with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) Your Content in furtherance of the Bisaat Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers).
  6. You are responsible for and own, or have the rights to use, all of Your Content.

1. Content Free of Infringement of Any Third-Party Rights

  1. You agree that Your Content does not infringe upon anyone else’s intellectual property rights and that You have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
  2. In plain language, this means that if you’re using someone else’s work (including videos, text, charts, PowerPoints, etc.) in Your Content, You’ve gotten the content owner’s permission to use it. You wouldn’t want anyone selling any of Your Content without Your permission. If you are going to use something that you didn’t create, make sure you can demonstrate that you have the right to use it before you make it a part of Your Content.
  • Processing of Personal Information by Creators
  1. Creators are responsible for protecting all personal information they provide to, or receive from, Bisaat in connection with the use of Bisaat Services. Bisaat’s Data Processing Agreement (“DPA”) forms part of this Agreement and sets out Bisaat’s and Creator’s obligations with respect to the processing of personal information. Creators agree to abide by the DPA when and to the extent Data Protection Laws apply to a Creator’s use of Bisaat Services to process Student Data or Creator Data (as these terms are defined in the DPA).
  2. Creators are considered controllers or “owners” of the personal information they collect from and about Students. In addition to agreeing to the terms of the DPA, Creators are also responsible for providing an appropriate privacy notice to their Students, respecting their Students’ privacy rights in accordance with applicable law, and providing access to or deleting Students’ personal information if they request and as required by applicable law.

Bisaat’s General Rights in Operating Its Platform

Bisaat Reserves the Following Rights Over the Entire Bisaat Platform:

  1. Bisaat may modify, terminate, or refuse to provide Bisaat Services at any time for any reason, without notice.
  2. Bisaat may remove anyone from the Bisaat Platform at any time for any reason, solely in Bisaat’s discretion. This right is not modified by any other section of this Agreement.
  3. Bisaat reserves the right to access your account, and Content in order to respond to requests for technical support, to maintain the safety and security of the Bisaat Platform, as necessary, in Bisaat’s discretion.
  4. Bisaat may, but has no obligation to, monitor any content that appears on the Bisaat Platform or review any conduct occurring through the Platform, including any interactions between Creators and Students and Bisaat employees.
  5. If you close your account, Bisaat may keep a copy of your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
  6. Bisaat reserves the right to remove you and Your Content without warning if you violate any of the provisions of this Agreement.
  7. Bisaat has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time.

Bisaat’s Copyright, Trademark, and Takedown Policy

Bisaat takes a firm stance against anyone who is infringing upon anyone else’s intellectual property. This Platform is all about you transforming your knowledge into Content. We draw a hard line when the Bisaat Platform is used to exploit someone else’s intellectual property.

Copyright Violations

If Bisaat has a good faith belief that any content (including Creator Content) appearing on its Platform violates any copyrights or has been illegally copyrighted, Bisaat reserves the right to remove, block, or otherwise ‘take down’ the content. Bisaat also reserves the right to remove from the Platform any Creators, Students, or other parties, who are repeat offenders of the Bisaat repeat offender policy.

Trademark Violations

Bisaat reserves the right to remove access to content that it knows, or has reason to know, violates the rights of trademark owners. Please note that Bisaat will send a copy of any trademark infringement claim received to the user who posted the content you report as infringing.

Third Party Communications

By using Bisaat’s Platform, You may receive communications from third parties (e.g. a Creator may communicate with a Student). Bisaat is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Bisaat assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.

Third Party Offerings

Through the Bisaat Platform, You will have the ability to access content, links to websites, and services provided by Creators, Students, and other third parties (“Third Party Offerings”). Your use of any Third Party Offerings provided on this Platform or a third party website is at your own risk. Bisaat does not monitor or have any control over and makes no claim or representation regarding Third Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Pricing

Bisaat is not responsible for setting the pricing on a Creator’s Content. Prices for Creator Content are set by the Creator.

Account Ownership Disputes

In the unlikely event that there is a dispute over the ownership of an account, Bisaat has the right to request additional information from you to determine ownership and settle the dispute. The information that we may request to assist in resolving ownership disputes includes, but is not limited to, the following:

  • a copy of Your photo ID.
  • Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of Your entity.
  • Your billing information and details.
  • Certified copies of your tax forms.
  • Other documentation as we deem necessary to settle the dispute
    Should a dispute arise, Bisaat reserves the right determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law.

Fees

  1. Bisaat charges Creators fees to access particular features of the Bisaat Platform through paid subscription packages.
  2. Pricing for the Bisaat Platform is described on our Packages page.
  3. Depending on the payment processing method, Bisaat may charge transaction fees. You agree to pay all fees and charges that are made to your account and that you are solely responsible for payment of these fees and charges.
  4. Paid packages are automatically charged at the beginning of each billing period. Unless you submit a cancellation request to us in writing via email ([email protected]) or directly through your account prior to the start of the billing period, your plan will be charged upon the anniversary of its billing period. You agree that Bisaat mafy charge any recurring service to the credit card or debit card that you provide.
  5. Should you not authorize payment or are otherwise not current on your payments for Bisaat Services, Bisaat may restrict Your Platform access until your account becomes current and paid in full.
  6. Bisaat reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Bisaat and/or retaining collection agencies or legal counsel.
  7. Bisaat reserves the right to offer custom packages and pricing in addition to what is offered on the Packages page. Custom packages may also include custom billing and payment terms, including billing periods and renewals that are different from our standard terms.

Cancellation and Deletion

Cancellation

  1. If you cancel a paid package, the cancellation will become effective at the end of the then-current billing cycle.
  2. In case of subscription expiry, the customer is given a 3 Month grace period to renew the subscription. The only function the customer can use during the grace period is extending the subscription.


Deletion

  1. You may delete your account at any time.
  2. Accounts on paid packages will be considered active accounts unless you explicitly ask us to delete your account.
  3. If your account is deleted (regardless of the reason), Your Content may no longer be available. Bisaat is not responsible for the loss of such content upon deletion.
  4. Upon deletion of your account (regardless of the reason), all licenses granted by Bisaat will terminate.
  5. After the 3-Month grace period of the subscription expiry, Bisaat will have the rights to delete the customer data.


Effect of Cancelation/Deletion

  • Should a course, Creator account, or Student account be canceled or deleted, the Creator or Student may no longer have access to Bisaat Content and Content may be irrecoverable. Bisaat shall not be liable to any party in any way for the inability to access content arising from any cancelation or deletion, including any claims of interference with business or contractual relations.

Errors and Corrections

Bisaat does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does Bisaat guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. Bisaat may make improvements and/or changes to the Platform and their features and functionality at any time and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Creator who owns the Content. We reserve the right to amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to Creators and Students.

Limitations of Liability

In running the Platform, we require that you understand and agree that Bisaat is not liable for a number of things, including your breach of this Agreement and losses that may result from your use of the Platform. We also require that you understand and agree that the Platform is offered As Is and May not always be 100% perfect or reliable and that Bisaat doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Bisaat will be limited to a portion of the fees you have paid us.

Our limitations of liability are as follows:
  1. You agree that Bisaat, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from your use of the Bisaat Platform.
  2. You agree that Bisaat shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications.
  3. Bisaat is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.
  4. Bisaat does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
  5. The Bisaat Platform is provided to you on an “As Is, As Available” basis. As such, you agree to have an external method of recovering any lost data that may be uploaded to the Bisaat Platform.
  6. Bisaat disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.
  7. Bisaat shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.
  8. You agree that Bisaat shall not be liable for any losses, injuries, claims, or damages from your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless Bisaat, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other Bisaat policies, and copyright and other intellectual property law)
  9. You are solely responsible for ensuring that your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Platform.
  10. You may not assign your rights under this Agreement without Bisaat’s prior written consent.
  11. Should Bisaat’s limitation of liability not be applicable, Bisaat’s sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Bisaat over the prior twelve (12) months directly preceding Your claim, unless otherwise required by law.
  12. You agree that Bisaat shall not be liable for any content that appears on the Platform.
  13. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.
  14. You agree that any cause of action or claim that you may have against Bisaat must be brought against us within one (1) year after the cause of action or claim arises. Should you not commence such cause of action or claim within this time period, it shall be barred.

Remedies for Violations

Bisaat reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing Creators and Students from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.

Disputes and Arbitration

  1. The Parties shall exercise their best efforts to settle any claim, controversy, or dispute (collectively “Disputes”) concerning questions of fact or law arising out of or relating to this Agreement.
  2. The Parties shall discuss the Dispute no later than 30 days after either Party gives written notice to the other Party of a Dispute and the legal and factual basis for such Dispute. At the meeting, a senior representative of each Party who has authority to resolve the Dispute shall be in attendance. No suit, arbitration, or other proceedings may be commenced before the Parties have met according to this provision, except as described herein.
  3. Only if a Dispute cannot be resolved through such good faith Negotiations, either Party may submit the Dispute to arbitration at a location mutually agreeable to the Parties. No Party shall file an arbitration demand or complaint until the Parties have engaged in good faith Negotiations and such Negotiations have ended in an impasse. The decision of the arbitrator shall be final and conclusive upon the Parties. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction.

Privacy

Your use of the Platform is subject to our Privacy Policy.

Entire Agreement; Severability of Provisions; No Waiver

  1. These Terms of Use incorporate by reference any notices contained on the Platform, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of anything offered by Bisaat, including the Platform, Bisaat Services, and any Content.
  2. If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
  3. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

Changes to the Terms of Use

Bisaat may review and update this Agreement at any time in our sole discretion and it is your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to be bound by the changes. Please check this webpage periodically for updates.

Titles/Headings

The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor Bisaat shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.

Gender/Plural

Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.

Contact Us

If you have questions or concerns regarding these Terms of Use, the Platform, Bisaat Services, or Content, You may contact us at anytime.

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