Welcome to the Eclipse Training Platform’s Terms of Use. These terms are crucial as they define your legal interactions with us. We strongly encourage you to read them carefully.
1. *Introduction*
This Agreement constitutes a legally binding contract between you or the entity you represent (“you,” or “your”) and Eclipse Training Solutions Ltd. (“Eclipse,” “we,” “us,” or “our”), concerning your use of our software, services, mobile apps, or any other offerings (collectively, “Services”) available through our platform. By accessing or utilizing any part of the Services, you agree to abide by the terms and conditions of this Agreement. If you do not agree with all the terms and conditions of this Agreement, you are prohibited from using our Services. Your continued use of the Services following any modifications to these terms indicates your acceptance of those changes. This Agreement covers both your use and our provision of the Services, and it is governed by the laws and regulations of Egypt.
2. *Additional Terms*
Your engagement with the Services is also governed by any additional terms, conditions, and policies that we may provide or make available to you in connection with specific Services, including our privacy policy and any supplementary terms (“Supplementary Terms”), which are hereby incorporated into this Agreement by reference. As our operations are based in Egypt, you are also subject to the Egyptian legal framework as it pertains to our Services and your use thereof.
3. *Description of the Service*
Eclipse offers a digital platform that enables connections between learners (“Learners”) and independent contractor educators (“Educators”) for the purpose of delivering live and recorded instructional sessions, tutoring, and various educational services (collectively, “Sessions”). Both Learners and Educators are considered “Users” of the Services.
Our Services encompass, but are not limited to, the creation, facilitation, hosting of Sessions, provision of supporting materials, and collection of feedback from Users.
Eclipse reserves the right, in its sole discretion, to modify or update these Terms at any time by posting the revised terms on the website. Such modifications or updates shall take effect immediately upon posting, with future changes to these Terms being communicated through our website. Your continued use of the Services after the posting of any changes signifies your agreement to those changes.
Eclipse also retains the exclusive right, at its discretion, to alter or discontinue, temporarily or permanently, the Services (or any part thereof) with or without prior notice.
You bear sole responsibility for all charges incurred from accessing and utilizing the Services, including but not limited to internet service provider fees, data charges, and all necessary equipment for internet access and use of the Services.
If accessing the Services involves a fee, you commit to paying that fee along with any applicable taxes related to the Services. By submitting payment information, you authorize us to process charges using the provided payment method for Services fees as they become due.
In the event of payment failure or account delinquency, we reserve the right to employ alternative collection methods, which may involve using other payment methods on file with us and/or seeking assistance from collection agencies or legal counsel. Access to the Services may be restricted until all outstanding debts are resolved.
All activities related to the use of the Services must adhere to the applicable laws and regulations, including those concerning copyright, privacy, and data protection, as stipulated by Egyptian law.
In utilizing the Services, you commit to not providing misleading information, copying, distributing, modifying, or misusing the Services or the website. You also agree to avoid introducing malicious software, engaging in unauthorized access, or employing automated systems to unlawly access the Services.
4. General Disclaimer.
Eclipse Training acts merely as a marketplace connecting instructors and learners. We do not employ instructors nor bear responsibility for the interactions between instructors and their clients. We are not liable for any disputes, claims, losses, or damages that may arise from the interactions between instructors and learners, including any reliance on information provided by an instructor. We do not control submitted content posted on our platform and therefore cannot guarantee its accuracy, reliability, validity, or truthfulness. Users may encounter submitted content that they find offensive, indecent, or objectionable, and Eclipse Training bears no responsibility to filter such content from users and no liability for your exposure to submitted content, to the fullest extent permissible under applicable law. Eclipse Training may provide links to third-party websites, but we do not endorse or control these sites. We are not liable for any third-party websites and users should take precautions to protect their personal information and privacy on such sites.
5. Conduct.
Users must only use Eclipse Training products for lawful purposes and comply with all applicable laws, rules, and regulations. You agree not to use Eclipse Training products or content to solicit instructors or users for employment or business not affiliated with Eclipse Training without our prior written consent. Users are responsible for any risks associated with interactions or meetings with instructors or other users of the products.
6. Specific Obligations of Learners Using Eclipse Training.
As a learner using Eclipse Training, you agree to the following terms:
– You have read and agree to comply with all applicable laws and regulations regarding your use of Eclipse Training products.
– You agree to the pricing information before using the services or registering for a course.
– Minors under the age of 18 are prohibited from registering on Eclipse Training and are not allowed to use the services.
– If under 18, you will only use the products with the involvement, supervision, and approval of a parent or legal guardian.
– You will not upload or transmit any harmful content or unsolicited or unauthorized advertising to Eclipse Training.
– You agree not to post any content that is inappropriate, offensive, infringing, defamatory, or otherwise unacceptable.
– You will not reproduce, distribute, or exploit any Eclipse Training content, products, or submitted content beyond what is permitted by these terms or the relevant instructor.
– You will not disclose personal information to instructors unnecessarily and will protect your personal information.
– You will not solicit personal information from any instructor or user.
– You will not use Eclipse Training in a way that infringes on intellectual property rights, constitutes defamation, invasion of privacy, or violates any third party right, or is threatening, harassing, or malicious.
7. Registration
To access certain features of Eclipse Training, you will be required to create an account and obtain a username and password. The information you provide during the registration process enables us to deliver relevant content, customer service, and manage the network efficiently. You are solely responsible for safeguarding the confidentiality of your account, username, and password (collectively referred to as your “Account”) and for all activities that occur under your account. You affirm that the information associated with your account will be accurate at all times. You must immediately inform us of any unauthorized use of your account or any other security breaches, and ensure that you log out from your account after each session. We cannot be held liable for any loss or damage resulting from your failure to adhere to these security obligations or from the use of your account, with or without your knowledge, until you notify us of unauthorized access.
Your account is personal to you and you may not transfer or lend it to any other person. You are not permitted to use another person’s account at any time without the consent of the account holder. If you have authorized or registered another individual, including a minor, to use your account, you are responsible for their online behavior, monitoring their access and use of Eclipse Training, and any consequences arising from misuse.
8. Effective Subscription and Cancellation
Your Eclipse Training subscription in Egypt will remain active on either a yearly or monthly basis, depending on the subscription plan you choose, unless and until you choose to cancel it, or unless there is an interruption and/or suspension of Services under the specified conditions. Please note that plan prices may change and could vary based on factors such as country, currency conversion rate, bank fees, and the chosen subscription plan. If you decide not to continue with the service, you must cancel your subscription before the next billing date to prevent auto-renewal. Once subscription fees have been charged, we will not be able to issue refunds. Cancellation of your subscription will become effective at the end of your current billing cycle. You can manage and cancel your subscription through your account settings. Upon cancellation, any benefits or discounts associated with the cancelled subscription will cease and will not be reinstated should you decide to re-subscribe.
9. Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof, are collectively referred to as “Content.”
Eclipse Training hereby grants you (as a user) a limited, exclusive, non-transferable license to access and use submitted content and Eclipse Training content, for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the website and products, in accordance with these terms and any conditions or restrictions associated with specific courses or products.
You acknowledge that Eclipse Training may record all or any part of any courses (including voice chat communications) for purposes such as quality control, delivery, marketing, promotion, demonstration, or operation of the website and products. By using our services, you grant Eclipse Training permission to use your name, likeness, image, or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the website, products, courses, Eclipse Training’s content, and submitted content, waiving any rights of privacy, publicity, or any similar rights in connection therewith, to the extent permissible under applicable law.
All rights not explicitly granted in these terms are retained by the content owners, and these terms do not grant any implied licenses.
Debit/Credit Card Information
– If you opt to pay your subscription fees via debit/credit card, your card information will be stored, and fee withdrawals will be automatic based on your plan (monthly/yearly).
– To discontinue using a saved card, you must update your payment method with another card’s information. You can add multiple cards to your account and change your default payment method at any time.
– If your card information expires or if there is insufficient balance on your card, Eclipse Training will notify you. You will then enter a grace period of up to 5 days. If payment isn’t made using a valid method within this grace period, your subscription will be suspended, preserving all your progress and settings, but access to any paid products or materials on our website will be restricted.
Taxes
If the subscription is subject to any value-added tax (VAT) under applicable law, Eclipse Training will collect and remit the VAT to the competent tax authorities for sales of such courses.
Foreign Currency
Eclipse Training’s online platform may automatically set the currency based on your geographic location in Egypt. Transactions will be conducted in the currency displayed to you on the website, which cannot be changed.
Currency conversion is processed at a foreign currency conversion rate, typically reflecting the amount of one currency required to purchase a certain amount of another currency at the time of transaction.
Refund Policy
Subscription Refund:
All services or products provided by Eclipse Training, subject to subscription payments, are final and generally non-refundable. You may cancel a recurring subscription at any time; however, if you cancel before the end of the current subscription period, no subscription fees already paid will be refunded. Following any cancellation, you will continue to have access to the service until the end of your current subscription period.
10. Trademarks
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the website, products, or in any Eclipse Training content, are our registered or unregistered trademarks, or of our suppliers, or third parties, and are protected pursuant to applicable trademark laws. All rights are reserved, and you may not alter or obscure the Trademarks, or link to them without our prior approval.
11. Warranty Disclaimer
The products, website, Eclipse Training content, submitted content, courses, and any other materials made available on or through the website or the products are provided “as is,” without any warranties of any kind and to the fullest extent permissible under applicable law. Eclipse Training hereby disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of the content, or availability.
12. Removal of Content Used Without Clear Rights
Eclipse Training reserves the right to remove any photos, captures, images, figures, tables, illustrations, audio and video files, or other confidential or proprietary content, whether before or after publication if concerns are raised about copyright, license, or permissions and the INSTRUCTOR(s) are unable to provide documentation confirming that appropriate permissions were obtained for publication of the content.
13. Limitation of Liability
To the fullest extent permissible under applicable law, neither party shall be liable hereunder any theory of liability, including, without limitation, contract, tort of negligence, for any losses, unless such losses were reasonably foreseeable at the time you agreed to these terms. This section does not exclude or limit either party’s liability for fraud, for death, or any other liability that cannot be limited or excluded by Laws and Regulations.
14. Termination
Eclipse Training may immediately terminate your use of the products or website without notice, for any breach done by you according to these terms or any of our applicable policies, as posted on the website from time to time. Eclipse Training may discontinue offering any product, course, or content at any time (which will terminate your right to offer these courses if you are an instructor). You may terminate your use of the website or the products at any time, either by ceasing to access them or by contacting us. You must cease all use of the website, products, and content. Any accrued rights to payment and terms contained herein relating to representations and warranties shall survive termination.
15. Site Accessibility
Be aware that internet traffic can cause delays in downloading information from our site, and as such, we cannot be held responsible for such delays typical to internet usage. Additionally, you acknowledge that the site may not be accessible 24/7 due to these delays or because of maintenance, upgrades, or modifications undertaken by Eclipse Training.
16. External Links and Content
Our Site may feature content or advertisements that link to third-party sites and services from our partners, advertisers, and others. Eclipse Training does not control the content or links present on these external sites and is not responsible for their practices. These sites may change frequently and have their own policies and terms. Any interaction with external sites, including those linked to ours, is governed by that site’s own terms. Users assume all risks and have no right to claim damages from accessing third-party links.
17. Force Majeure
Eclipse Training is not liable for any delays or failure in performance resulting from events beyond our reasonable control, such as natural disasters, governmental actions, labor disputes, technical failures, terrorism, and other unforeseen events. If such events prevent the fulfillment of our obligations for more than 45 days, Eclipse Training reserves the right to terminate this agreement with a termination notice.
18. Governing Law
Disputes or claims related to these Terms & Conditions or the use of the Eclipse Training website shall be governed and construed in accordance with the laws and regulations of Egypt. Any disputes will be subject to the jurisdiction of Egyptian courts.
19. Miscellaneous
20.1 Entire Agreement
These terms, along with any applicable policies posted on the site, constitute the full agreement between you and Eclipse Training regarding this subject, superseding all prior agreements.
20.2 Severability
If any provision regarding proprietary rights, fees, confidentiality, warranty disclaimers, indemnification, or liability limitations is found invalid or unenforceable, the remainder of the agreement remains in effect. Eclipse Training will strive to replace any such provision with a valid one that closely matches the intended effect.
20.3 Waiver
Terms can only be waived through a written document signed by the party benefiting from the provision. Eclipse Training’s failure to enforce any right or provision here does not waive that right or provision.
20.4 Validity of Terms
All provisions concerning proprietary rights, payment of fees, confidentiality, disclaimers of warranty, indemnification, and limitations of liability shall remain enforceable and valid, even in the event of early termination of these Terms and Conditions for Eclipse Training services or products, in accordance with Egyptian law.
20.5 Electronic Notices
By utilizing Eclipse Training’s services or products, you consent to receiving electronic communications from us pertaining to security, privacy, and administrative issues related to your use of the services or these terms, as per Egyptian legal standards. In the case of a security breach, Eclipse Training may notify you electronically by posting a notice on the services or through email.
20.6 Notice
Notices required under this Agreement shall be in writing and may be delivered personally, sent via recognized international courier service, email, or fax to the provided physical address, email address, or fax number of the concerned Party. According to Egyptian law, a notice is deemed effectively given: (1) immediately upon personal delivery; (2) on the delivery confirmation date when sent by an international courier service; or (3) at the time of successful transmission if sent via email or fax.
