THIS IS A CONTRACT. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING THE SITE. BY ACCESSING THE SITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE. BY USING KADC’S PRODUCTS AND SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS & CONDITIONS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THIS AGREEMENT, WHICH KADC MAY MAKE FROM TIME TO TIME. YOUR CONTINUED USE OF THE SITE WILL BE DEEMED AS YOUR CONCLUSIVE ACCEPTANCE OF THE LATEST PUBLISHED VERSION OF THIS AGREEMENT.
The site, including all materials present (excluding any applicable third party materials), is the exclusive property of KADC. You agree to comply with all copyright laws worldwide in your use of the site and to prevent any unauthorized copying, downloading or redistribution of the materials available on the site. KADC does not grant you any express or implied rights under any patents, trademarks, copyrights or trade secret information. KADC has business relationships with customers, associates, partners, university representatives, suppliers, governments, and others. For convenience and simplicity, words like associates, affiliates, partnership, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
- “Access” or “accessing” means accessing, using, viewing the content or otherwise obtaining information on the site.
- “Agreement” or “terms” refers to these terms and conditions of use and any subsequent modifications.
- “KADC” refers to Kuwait Arabian Development Co.
- “Materials” refers to any product, service, video, e course, flashcard or feature made available by KADC through the site or physically.
- “Third party content” refers to information of third parties available, including articles, news reports, logos, company information and other data.
- “User” refers to any party who accesses the site. If you are accessing the site as an employee or agent of another, “User” refers to you and your principal.
- “Website” or “site” refers to the website maintained on the World Wide Web by KADC.
- “You” or “your” refers to the User. If you are Accessing the site as an employee or agent of another, “You” or “our” refers to the User and the User’s principal.
Modification of Terms
Subject to the terms and conditions set forth in these terms and conditions of use, KADC grants you a non-exclusive, non-sub licensable, non-transferable, limited right to access, use this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
Access to the Site, Modification of Content
KADC strives to ensure availability of the site to its users on a continuous basis. To that end, KADC will take all commercially reasonable efforts to provide uninterrupted access to the site to its users. However, from time to time, users may be unable to access the site due to conditions beyond KADC’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the site to its Users, KADC will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
KADC endeavors to provide the highest quality content to its users. To that end, KADC reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this site in whole or in part, including, without limitation, the content, availability, access and/or the terms of this site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the site.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT. THERE IS ALSO NO WARRANTY THAT THIS SITE WILL BE FREE OF ANY COMPUTER VIRUSES OR MALWARE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
User expressly agrees to refrain from engaging in, either personally or through an agent, any of the following ” Prohibited Conduct “:
- Transmitting, installing, uploading or otherwise transferring any viruses, Trojans, malware, advertisements, communication, or other item, file or process to the site that in any way affects the use, enjoyment or service of the site, or adversely affects KADC’s computers, servers or databases.
- Posting any obscene, harassing, defamatory, violent, abusive, threatening or any other objectionable content or material in any language
- Downloading, printing or retaining any information from the site other than what is permitted such as the Learning Aids.
- Capturing, downloading, saving, uploading, printing or otherwise retaining any information and content available on the site other than what is expressly allowed by these Terms
- Permitting, sharing or providing access to the site to others using your user name and password or otherwise, or the name and password of another authorised User.
- Copying, modifying, reverse engineering, disassembling, redistributing, republishing, altering, creating derivative works from, assigning, licensing, and transferring or adapting any of the materials, software, information, text, graphics, source code or HTML code, or other content available on the site.
- Removing or modifying any copyright, trademark, legal notices, or other proprietary notations from the content or materials available on the site.
- Transferring the site content to another person; “framing,” “mirroring,” “in-line linking,” or employing similar navigational technology to the site content; or “deep linking” to the site content.
- Violating or attempting to violate any of KADC’s security mechanisms, accessing or attempting to access any data or server maintained by KADC. You are not authorized to Access or otherwise breach the security of the site or corrupt the site in any way.
- Using any device, software or service (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other users, the site or KADC.
- Using the site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; uploading, downloading, displaying, publishing, performing, creating derivative works from, transmitting, or otherwise distributing information or content in violation of a third party’s intellectual property rights
- Misrepresenting your identity or personal information when accessing the site; forging any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by KADC.
- Posting any communication on the site that advocates or encourages illegal or criminal conduct or conduct that may give rise to civil liability.
- Advertising or otherwise soliciting funds, goods or services on the site.
- Providing any commercial hosting service with access to the site and/or the content on the website.
To ensure that users of the site do not engage in Prohibited Conduct, KADC reserves the right to monitor use of the site and reserves the right to revoke or deny access to the site to any person or entity whose use of the site suggests prohibited conduct. Access of the materials available within the site beyond that of normal patterns of use that suggest systematic copying of the materials constitutes abuse of the site and this agreement, and will result in revocation or denial of access to the site and any related products and services offered by KADC. The terms “normal patterns” and “abuse” shall be determined solely by KADC.
THE SITE AND MATERIALS AVAILABLE ON THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL AND CLERICAL ERRORS. KADC EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE THE SITE OR ANY OF THE MATERIALS ON THE SITE. KADC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. KADC RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. KADC MAY MAKE ANY CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
Limitation of Damages
IN NO EVENT SHALL KADC BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE WEBSITE OR ANY LINKED WEB SITE, EVEN IF KADC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Third Party Content
The site makes information of third parties available, including articles, news reports, logos, company information and other data. You acknowledge and agree that the third party content is not created or endorsed by KADC. The provision of third party content is for general informational purposes only. You acknowledge that the third party content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by the site or the providers of the third party content as to its accuracy, completeness, timeliness. By using any third party content, you may leave this site and be directed to an external website, or to a website maintained by an entity other than KADC. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. KADC makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that KADC or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of KADC or any of its affiliates or subsidiaries.
You agree to indemnify and hold harmless KADC, from any claim, cost, expense, judgment or other loss relating to your use of this site, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of these terms and conditions of use.
KADC reserves the right, in its sole discretion and at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
You may not use any device, software or routine, including but not limited to any viruses, Trojans, worms, time bombs, denial-of-service attacks, other malicious code or repeated “hacks” or “attacks” on the KADC web server, intended to damage or interfere with the proper working of the site or to surreptitiously intercept or expropriate any system, data or personal information from the site. You may not take any action, which imposes an unreasonable or disproportionately large load on the site’s infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.
KADC MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, KADC DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THE SITE.
Copyrights, Trademarks and Other Proprietary Rights
KADC or its third party content providers shall retain all worldwide rights in the intellectual property in and on the site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the user interface, design and “look and feel” of the site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the site is copyrighted, trademarked, or otherwise protected and owned or licensed by KADC. Except as expressly stated on the site or in these Terms, nothing that you read or see on the site or in any communication from KADC may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of KADC, except as provided in these terms. Nothing in these terms grants you an express or implied license to use any of KADC’s intellectual property.
If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to KADC, You may forfeit your intellectual property rights and moral rights contained in such communication or material.
Security: Authorized Use
Users are prohibited from violating or attempting to violate the security of the Site. KADC has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. KADC may suspend your access while it conducts an investigation. Users are required to enter a user name and password to access the Site. To protect against unauthorized access to your account, it is recommended that you log out of the site and close the browser when you have finished using the site. You are responsible for maintaining the secrecy of your user name and password.
You represent and warrant that you are the person on whose behalf you claim to accept these terms, or, if you are entering into these terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these terms.
You may not use the account, user name or password of someone else at any time. You agree to notify KADC immediately of any unauthorized use or loss of your account, user name, and password. You also agree to notify KADC immediately if you are aware of or suspect other unauthorized use of the site and/or the site content. KADC will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. You may be held liable for any losses incurred by KADC, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of your account, user name or password.
KADC will never ask you for your password. If you need a new user name and/or password, KADC will generate a new user name and password automatically through its computers and send it to your e-mail.
The user agrees to the following conditions concerning any online learning course, program, product or service purchased from KADC:
- If the user fails to complete a program or course within the time frame prescribed by KADC, no refund will be awarded. It is the sole responsibility of the user to ensure that they complete the program in that time. KADC is not liable to provide any extensions. The user is responsible for attending and completing any applicable and scheduled examinations or assessments as per the dates specified or announced by KADC. KADC claims no responsibility for Users who fail to attend or complete an examination or assessment and the user alone is responsible for completing the examination or assessment.
- Each e-learning course available and accessible on the site as part of a single purchased subscription or package will be accessible for a maximum of five (5) times the advertised duration of that e-learning course as part of that subscription or package. This excludes the usage of videos integrated within each course.
- Each integrated video within an e-learning course available and accessible on the site as part of a single purchased subscription or package, can be opened a maximum of three (3) times without consideration to whether the video was completely viewed or not.
International Users and Choice of Law
This site is controlled, operated and administered by KADC from its offices within Kuwait. KADC makes no representation that materials at this site are appropriate or available for use at other locations outside of Kuwait and access to them from territories where the site’s contents and materials are illegal is prohibited. You may not use the site or export any Materials within the site in violation of any applicable export laws and regulations. If you access this site from a location outside of Kuwait, you are responsible for compliance with all local laws. These terms and conditions of Use shall be governed by the Federal Law of Kuwait, without giving effect to its conflict of laws provisions. You agree that the appropriate court in Kuwait, will have the exclusive jurisdiction to resolve all disputes arising under these terms and conditions of use and you consent to personal jurisdiction in such forum.
These terms and Conditions of use constitute the entire agreement between KADC and you with respect to your use of the site. Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect.