Terms of Use

BKG Consultancy LLC (“BKG”), doing business as Beyond Billable Hours, and its affiliates and subsidiaries (collectively “BBH”, “we”, “us” or “our”) own and operate the educational learning platform www.beyondbillablehours.com (or any successor site) and its related sub-domains, sites, online applications, services and tools (“Platform”). The Platform is provided as a service to you (“you” or “your”) and is intended to allow you to create and share content as an instructor (“Instructor”), and purchase and access the content offered on the Platform as a student (“Student”) (collectively referred to as “Users”, unless specified otherwise). We will provide you with access to the Platform in accordance with the Terms (defined below), along with services in relation to the Platform (together the “Services”). As a Student, you are able to access lectures (live or pre-recorded), handouts, assignments, practice tests (each a “Product”) on the Platform, which will be provided by both Instructors and ourselves.

These Terms of Use and the Privacy Policy (“Terms”) set out the basis upon which you can access and use the Platform and place orders for Products. The Terms apply regardless of how you access the Platform, including any technologies or devices by which the Platform is made available to you.

Any capitalised terms that are not defined in these Terms of Use are defined in the Privacy Policy.

1.1. By accessing, browsing, using, registering with, or purchasing a Product on the Platform, you confirm that you have read, understood and agree to these Terms. If you do not agree with the Terms in their entirety, please do not to use this Platform. If you publish content on the Platform as an Instructor, you must also agree to our Terms of Business.
1.2. We may amend these Terms at any time by posting an updated version. We encourage you to check the Terms regularly for any amendments to it. Your continued use of the Platform will constitute your express consent to these Terms. The “Last Updated” legend above indicates when these Terms were last changed.
1.3. Additional terms and conditions may apply to purchases of Products or use of our Services and to specific portions or features of the Platform, all of which terms are made a part of these Terms. You agree to abide by such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to agree to such terms and conditions.
1.4. Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.

4.1. You do not have to register to explore the Platform, but registering and creating an account ("Account") with us will allow you to access our Services and purchase / upload Products on our Platform. When you register, you consent to providing us with information about yourself. Please see our Privacy Policy to see how such personal data will be used and stored.
4.2.To register an Account, you must be at least 21 years of age and are required to provide true, accurate, complete and current information (including name, date of birth, email address, credit card details, and other details) as requested during the Account creation. You can access and update your details under your “Dashboard” area of the Platform. You authorise us to use any information provided to us in registering to verify your information (including any updated information). Your application for registration must otherwise be acceptable to us in our own absolute discretion
4.2. To register an Account, you must be at least 21 years of age and are required to provide true, accurate, complete and current information (including name, date of birth, email address, credit card details, and other details) as requested during the Account creation. You can access and update your details under your “Dashboard” area of the Platform. You authorise us to use any information provided to us in registering to verify your information (including any updated information). Your application for registration must otherwise be acceptable to us in our own absolute discretion.

4.3. As a Student, you are permitted to share your personal data with Instructors through the Platform (with your consent), including but not limited to e-mail addresses and contact numbers. You can also communicate with the Instructors directly on the Platform through the Community.
4.4. As a User, you are responsible for ensuring that you have the correct materials and resources to be able to access / upload the Products.
4.5. Your Account and access to the Platform is for your own personal use only (as a Student), and internal business use (as an Instructor). You are responsible for maintaining the confidentiality of your Account user name and password and for preventing unauthorised access to your Account. You agree not to share your Account details or allow access to the Platform to any third party, and to accept responsibility for all activities that occur under your Account. Please take all necessary steps to ensure that the user name and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your user name and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner. We will never request your Account user name or password through electronic messages.
4.6. As a Student, you will not be charged by us for registering an Account or browsing the Platform. You will only be responsible for making payment for any purchases through the Platform (including any tax on the purchase price, if any). You are responsible for paying your own VAT if you are required to do so as required by applicable law.

5.1. Any references to “you” under this clause ‎5 are strictly intended for Students. Any reference to “you” contained otherwise anywhere in these Terms will have the meaning defined above unless expressly specified.
5.2. In order to access a Product, you must purchase it via the Platform. If the option is available, you may sign up to the Platform by way of subscription. In which case, you authorize us to deduct a (non-refundable) amount of [insert AED] per [month] (in addition to any service charges) for your access to the Platform. Unless you cancel your membership in accordance with these Terms of Use before the billing date, you authorize us to charge the subscription fee for the next billing cycle to your registered payment method. You acknowledge and agree that payments may be subject to additional third party terms, which we may notify to you from time to time.
5.3. You must ensure that you have a valid debit/credit card with sufficient funds registered on the Platform and you hereby confirm that you are authorized to use such funds. This method of payment may be updated from time to time in your Account. You are prohibited from providing payments directly to the Instructor, or any other party outside the Platform under these Terms.
5.4. We may change our subscription plans and the price of our Services from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following our notice to you.

6.1. Each User understands and agrees that the Platform is provided for the exchange of information and transactions between Students and Instructors and for Users to place, accept, conclude, manage and fulfil orders for the provision of Products offered. Although we will regularly monitor the operation of the Platform, we do not review and check each posted Product and content to search for infringement or illegal activity.
6.2. In no event will we be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, lawfulness or availability of the Products or the payments from Students, as well as any intellectual property infringement by Users.
6.3. You hereby agree to release, indemnify and hold us and our agents, affiliates, directors, officers and employees harmless from all claims, demands, actions, proceedings, costs, expenses and damages (including, but not limited to, any actual, special, incidental or consequential damages) arising out of or in connection with any infringement or transaction dispute about or relating to the Products, or Services on the Platform.

7.1. You may only use the Platform for lawful purposes and you may not use it in a way that breaches applicable law, infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Platform.

7.2. You represent, warrant and undertake that you will not through the Platform (including the Community) or otherwise:

(a) post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Platform or to any User;

(b) frame or embed the Services (such as to embed a free version of a Product) or otherwise circumvent the Services;

(c) impersonate another User or gain unauthorized access to another User's account;

(d) interfere with or otherwise prevent other Users from accessing the Services;

(e) abuse BBH’s resources, including any individuals representing BBH in providing support services to you;

(f) reverse engineer, extract or use any source code, content or materials from the Platform except as otherwise provided for in the Terms,
including any of our or any User’s trademarks;

(g) use the Platform in contravention of any applicable law nor permit or assist others to do so;

(h) “scrape” the Platform through automated means or “frame” any part of the Platform, and you may not interfere or attempt to disrupt the Platform;

(i) attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means;

(j) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or our systems or networks, or any systems or networks connected to the Platform or to us; or

(k) use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on Platform or with any other person’s use of the Platform.

8.1. The Platform will allow you to upload or submit content (such as text, images, video, lists, links, and other materials including Products as an Instructor) on the Platform including the Community (“User Generated Content”). You retain all rights in any such User Generated Content that you upload or submit, and warrant that any such User Generated Content submitted by you to the Platform (including the Community) is original (and does not infringe the intellectual property rights of others). You grant us a perpetual, non-exclusive, royalty-free, worldwide, transferable, license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such User Generated Content for any purpose without restriction (including in relation to the provision of Products and Services). We may, in our sole discretion, edit or remove any User Generated Content that you upload, for any reason, including for breach of these Terms.

9.1. You will not upload to, distribute, or otherwise publish through the Platform (either as Products, Services or otherwise), the following prohibited content, which includes any content, information, or other material that:

(a) belongs to another person and which you do not own the rights to;

(b) advertises alcoholic beverages or narcotics, whether directly or indirectly;

(c) could induce commitment of crimes such as encouraging killing, rape, drug and psychotropic substances, trafficking drinking alcohol, gambling, magic, juggling and fortune-telling, smoking of all kinds and methods of using them, or any other services or products that are prohibited from advertising;

(d) is harmful, false, malicious, misleading, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic and/or invasive of another's privacy;

(e) is harmful to the economic system in the UAE;

(f) is false and misleading news;

(g) is hateful, racially or ethnically objectionable, disparaging of any person;

(h) harms or abuses children and women, or any other social groups, or incites hatred and violence;

(i) infringes any patent, trademark, copyright or other proprietary rights;

(j) violates any applicable law ;

(k) deceives or misleads the addressee about the origin of your message, and/or is contrary to the codes of conduct and standards of honestly, including compliance with the rules governing business;

(l) communicates any information which is grossly offensive or menacing in nature;

(m) impersonates another person;

(n) includes violation of public morals, or any offense to the youth, or calling to embrace or promote destructive principles or those could mislead the public;

(o) contains software viruses and malicious programs;

(p) threatens the unity, integrity, defence, security of the UAE, friendly relations with foreign states, or public order; or

(q) incites any offence or prevents investigation of any offence or insults any other nation.

10.1. All prices shown for Products on the Platform are in USD and inclusive of Value Added Tax ("VAT") at the applicable rate (where applicable). If your chosen payment method is not denominated in USD, the final price of any Products you purchase will be calculated in accordance with the exchange rate on the date your payment provider processes your payment.
10.2. Each User understands and accepts that the price listed for the Products on the Platform and/or the price paid for the Product includes the commission due to us.
10.3. Prices are subject to change without notice. Prices may change at any time due to markdowns or price changes advised by the suppliers. These price changes can reflect at any time throughout the day and may result in the price of a Product increasing or decreasing. Pricing or availability errors may occur on the Platform. We reserve the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

11.1. When you place an order on the Platform as a Student, it is placed with us and not the Instructors. We list the Products available to you, process your order, inform you by e-mail and collect the payment from you.
11.2. During the checkout process on the Platform, you will be asked to enter your payment details. We offer various payment methods including credit card, debit card and [insert other options].
11.3. We may be required to create an account for you with our third-party payment processors to authorise payments to you. You authorise us to accept their standard terms and conditions and submit your details to them on your behalf to create such an account. We shall not be liable to you for any damage or loss you may incur as a result.
11.4. Where you pay by card, you agree, understand, represent and warrant that the card details provided by you are correct, accurate and current and that you are lawfully authorised to provide us the details and use such credit or debit card to make purchases on the Platform. Under no circumstances shall you use a credit or debit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid card details when transacting through the Platform. The card details will not be utilised and shared by us or our third-party payment processors unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit or debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove it otherwise' shall be exclusively on you.
11.5. We do not store your card details which is collected by our third-party payment processor through the Platform. For more information, please see our Privacy Policy.
11.6. We may request a pre-authorisation for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
11.7. While availing any of the payment method/s offered by us, we are not responsible and take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

(i) lack of authorization for any transaction/s;

(ii) exceeding the pre-set limit mutually agreed by you and between your "Bank/s",

(iii) any payment issues arising out of the transaction; or

(iv) decline of transaction for any other reason/s.
11.8. We may request you to provide supporting documents (including but not limited to government issued ID and proof of address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online environment to our Users.
11.9. Please note that we do not guarantee the security of personal data that you send to us by email or other form of electronic messaging. Accordingly, please do not send us any payment information using email or electronic messaging. Only use the payment gateway on our Platform. Unless we act either fraudulently or negligently, we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide to us when placing an order.

14.1. The Platform may contain links to other websites. We make no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and we do not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies of all third party websites you visit to understand their procedures.
14.2. If you use any material, or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. We do not endorse and is not responsible for the use of, or the content of, any third party websites. We are not responsible for anything that may happen when you use them.
14.3. Neither you nor any third party acting on your behalf may link to any page of this Platform.
14.4. You or third parties acting on your behalf may not (i) use our or our licensors proprietary marks and logos as meta tags or any other "hidden text"; or (ii) use framing technology to enclose any content included on the Platform, without our prior written consent.

15.1. Unless otherwise expressly stated, all contents of the Platform are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us or one of our affiliates or by third parties who have licensed their materials to us and are protected by the applicable laws. BBH grants you a limited, non-exclusive, non-transferable, and revocable license to use the Platform for the purposes of browsing the Platform and / or accessing the Products and using the Services, subject to your compliance with the Terms.

15.2. We, together with our suppliers and/or licensors expressly reserve all intellectual property rights in all programs, products, processes, technology, content (that is graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content) and other materials, which appear on the Platform. Access to the Platform does not confer and will not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. Any use of the Platform or its contents, including copying or storing it or them in whole or in part, other than for your own personal, non-commercial use, is prohibited without our permission.

16.1. We and the Instructors may make available various information, Product descriptions, reviews, and other information, data, content, and materials on the website (“Materials”). The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance of any Materials, you should confirm any facts that are important to your decision, and verify any Materials you are relying on. We make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Platform, we would appreciate it if you let us know by contacting us through the details provided below.

17.1. The Platform is provided on an “as is” and “as available” basis. BKG, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied, and statutory warranties, including, without limitation, any warranties of availability, merchantability, fitness for a particular purpose, freedom from computer, mobile or internet device virus, title, and non-infringement of proprietary rights.

18.1. To the maximum extent permissible by applicable law, BKG, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:

(a) are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in a way connected with the use or inability to use the Platform and its Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we is advised of the possibility of such damages; and

(b) exclude any and all liability for damages caused by, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Platform or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from use of the Platform.
18.2. Where it is not possible to exclude liability under applicable law, you agree that our maximum liability for any corresponding claim will be limited to an amount of AED 100.

19.1. You agree to hold harmless and indemnify BKG, its parents, subsidiaries, affiliates, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Platform, including, but not limited to, those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Platform.

21.1. If we believe that your conduct is in violation of these Terms (including, in relation to Students, any delay in payment), applicable law, or otherwise harmful to the interests of us or any third party, we may terminate or suspend your access to all or part of the Platform, without a court order and without prior notice to you. Notwithstanding such termination or suspension, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to payment and intellectual property rights. We also reserve the right to refuse access to the Platform, terminate Accounts, remove or edit content, or cancel your purchase of a Product at our discretion and where possible, with notice to you. If we cancel your purchase, it will be without charge to you.
21.2. You can cancel your Account at any time, and, following cancellation, you will continue to have access to the Platform until the end of your billing period. To the extent permitted by applicable law, payments are non-refundable and we do not provide refunds or credits at any time. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your Account, your Account will automatically close at the end of your current billing period. If you connected a third party payment method to your Account and wish to cancel your Account, you may need to do so through such third party, for example by visiting your account with the applicable third party.

23.1. Severability: If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms of Use, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.
23.2. No Waiver: Any failure by us to enforce any terms set out in these Terms of Use or other policies with you is not a waiver of our rights to enforce those terms.
23.3. Assignment and third party rights: You may not assign or sub-contract any of your rights or obligations under these Terms of Use to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Use to any third party at our discretion and without the need for your consent.
23.4. No agency: Despite these Terms, no agency or partnership relationship will be created between us and any User concerning any transactions relating to the Products or Services, whether or not such transactions are entered into via the Platform.

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Terms of Use

1. TERMS

2. PRIVACY POLICY

3. SERVICES

4. ACCOUNTS

5. CONDITIONS RELATING TO STUDENTS

6. TRANSACTIONS BETWEEN STUDENTS AND INSTRUCTORS

7. YOUR USE OF THE PLATFORM

8. USER CONDUCT AND USER GENERATED CONTENT

9. PROHIBITED CONTENT

10. PRICES

11. PAYMENT

12. PROMOTIONS

13. CHANGE OF WEBSITE AND CESSATION OF OPERATIONS

14. LINKS

15. INTELLECTUAL PROPERTY

16. MATERIALS AVAILABLE ON THE PLATFORM

17. DISCLAIMER OF WARRANTY

18. LIMITATION OF LIABILITY

19. INDEMNITY

20. ENTIRE UNDERSTANDING

21. TERMINATION AND CANCELLATION

22. ELECTRONIC COMMUNICATIONS

23. GENERAL TERMS

24. GOVERNING LAW, JURISDICTION AND LANGUAGE

25. ASSISTANCE

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