Effective June 8, 2016.
NAYA provides webinars and online classes in the field of database services as part of NAYA virtual online academy (“Academy”). Classes in the Academy are instructed by leading instructors from all over the world (“Classes”).
By using the Website and/or attending the Classes you are accepting the Terms of NAYA and you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not accept these Terms, you must cease using the Services and cancel your subscription in accordance with our Cancellation Policy as described below. We may amend these Terms at any time by posting a revised version of the Terms on the Website. The revised version of the Terms will be effective at the time we post it. By continuing to access and use the Services after the Terms have been modified, you will be considered as having expressly accepted all amendments to the Terms.
The Services are intended for Users, who are eighteen (18) years of age or older. NAYA may provide Services to Users, who identify themselves as under the age of 18, only where they review the Terms with their parent(s) or legal guardian(s) to ensure that both the User and the parent(s) or legal guardian(s) understand and accept the Terms. Parents or legal guardian accepting the Terms for the benefit of a child agree and accept full responsibility for their child's use of the Services, including all financial charges and legal liability that such child may incur.
The Services are provided on "AS IS" basis without any express or implied warranties of any kind. NAYA disclaims all warranties to the fullest extent permitted by law. NAYA cannot guarantee that the use of the Services will be timely, uninterrupted, secure or error-free, that any defects, errors or malfunctions will be corrected and that the Services, the Website or the servers that make the Services available are free of viruses or anything else harmful. To the fullest extent permitted by law, NAYA undertakes no warranties or representations as to the use of the Services in terms of correctness, accuracy, adequacy, usefulness, reliability, availability or otherwise.
To the fullest extent permitted by law, NAYA and its subsidiaries, affiliates, officers, agents, representatives, employees, partners, instructors and licensors ("Released Parties") shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the Services, even if NAYA has been advised of the possibility of such said damages. In the event that NAYA is found to be liable for any damage or loss which is in any way connected with your use of the Services, NAYA's liability shall not exceed the subscription fees paid by the User for the use of the Services. You expressly agree and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with your use of the Services.
During the course of the Classes you may interact with instructors and other Users. You are solely responsible for your interactions with instructors and other Users, whether online or in person. You shall not use the Services for any abuse, harass or violation of others’ privacy or any other unlawful or illegal activities. NAYA assumes no responsibility or liability whatsoever for any loss, insult or damage resulting from any content said or presented during the Classes and any interaction with other Users, persons you meet through the Services and/or persons whom find you after the Classes were completed. You agree to take all reasonable precautions in all interactions with other Users and conduct any necessary investigation before meeting another person.
Prior to signing to any Class, you confirm as follows:
All intellectual property rights of NAYA featured or displayed via the Services, on the Website and the mobile app, are the sole property of NAYA, its subsidiaries or its licensors and are protected under all applicable copyright, trademark, or any other patent laws. Such intellectual property rights include but are not limited to: logos, trademarks, service marks, trade names, design, structure, code, methods, scripts, text, graphics, photos, images, videos, audio, sound, illustrations, interfaces, applications, interactive features and all other Software data ("Intellectual Property"). The license to use the Services is limited to personal use, non-exclusive, non-transferrable and for non-commercial use only. NAYA does not transfer any title of the Intellectual Property to any User. You may not duplicate, sell, assign or transfer in any way any right related to the Services, Website, Software and mobile app.
NAYA provides premium Services on the Website for a subscription cost ("Subscription"). Your Subscription is subject to a fee paid per Class as provided in the Website and subject to NAYA sole and exclusive discretion. All fees are paid in advance in accordance with the Subscription of your choice.
All payments will be made by a valid credit card, or any other customary method of payment determined by NAYA. NAYA may appoint any subcontractor or any other affiliate, to collect any payment on behalf of NAYA.
You hereby authorize NAYA to charge your credit card or any other method of payment in accordance with NAYA applicable fees as posted on the Website, starting from the beginning of your Subscription and continuing until the date your account is terminated.
If we are, for any reason, unable to effect automatic payment via your credit card, we will attempt to notify you via email and your Subscription will be disabled until payment is received. Amounts paid for the Services, including prepayments, are not refundable. In the event credit is approved, under NAYA’s sole discretion, the User shall receive a coupon available for the next Class. Such credit will be approved by NAYA only in the event a technical issue has prevented from the User any access to the Classes’ instruction or any other materials of the Class.
NAYA reserves the right to change the method of payment under its sole discretion and upon notice on the Website. You are responsible to review, from time to time, NAYA’s fee schedule and be aware of the fees charged and any applicable discounts. The fee schedule is subject to change at any time under NAYA's discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the fee schedule.
You may terminate your account with NAYA at any time by canceling your Subscription through the Website. Once you have made your termination and received a confirmation notice, no further charges will be made on your account. Any payments made prior to termination will not be refundable. In the event NAYA, under its sole discretion, will approve a credit, you may receive it as a coupon available for the next Class.
NAYA may, at any time, terminate or disable your account, with or without notice, and/or put your account on inactive status, in the event there is a violation to these Terms.
The use of the Services shall not construe any joint venture, partnership, employment or agency relationship exists between you and NAYA.
These Terms are governed by the laws of the state of Israel and the applicable courts in Tel Aviv, Israel shall have exclusive jurisdiction. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
Failure by NAYA to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against NAYA unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
These Terms constitute the entire agreement between NAYA and the User with respect to the Terms and supersede all previous or contemporaneous agreements. NAYA may assign its rights and obligations under these Terms to any party at any time without any notice.