Terms & Conditions

TERMS AND CONDITIONS

Welcome to www.evs.education!  This document sets out the Terms and Conditions (“Terms”) of the Egyptian Virtual School (EVS) Platform, please before you use our Platform, carefully read these Terms carefully.  Monaia Ltd and its subsidiaries and affiliates (“Monaia,” “we,” “our,” or “us”) own and operate the Egyptian Virtual School (EVS) websites, other applications, e-commerce stores or other online sales services and delivery systems (collectively, the “Platform”) and all associated services (collectively, the “Virtual Services”); in each case, that reference and incorporate these Terms.

These Terms are also an Agreement that constitutes a contract between you and us that governs your access and use of the Platform and Services. You understand that by accessing and/or using the Platform or our Services, you agree to all the terms and conditions of this Agreement. If you do not agree, do not access and/or use the Platform or Services.   You will profit from our intellectual property and technology if you utilize our platform, curricula, and offerings.   As a result, we retain restrictions over what you can and cannot do with our properties and may restrict your use of the online platform, programs, and offerings.  We will have obligations to you, and you will have obligations to us.

These Terms are effective for all existing and future users and visitors, including but without limitation to other schools and education organizations to partake in the benefits of the platform. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Users also agree that these conditions apply to their use of the Egyptian Virtual School (EVS) Platform and any materials, information, software, content, goods, and services owned or licensed by Monaia and included in or accessible through the Egyptian Virtual School (EVS) Platform (“EVS Content”), as well as any content owned or licensed by a third party content provider and included in or available via the Egyptian Virtual School (EVS) Platform with such third party (EVS Content and 3rd Party Content collectively, “the Content”).

If you are under the age of 13, you may not use the Services unless you have the permission of your parent or legal guardian, also if the user is a minor, he or she is the responsibility of his or her parent/guardian, who is responsible for ensuring the User’s compliance with the Terms.  Monaia reserves the right to change these Terms at any time, effective upon posting the updated Terms on the Egyptian Virtual School (EVS) Platform homepage and the most current version will always be available for your perusals.

Despite the foregoing, nothing in these Terms overrides or reduces your rights under the terms and conditions of any formal agreement you have entered into with Monaia regarding the use of Products, or relevant laws or regulations to the extent that such laws or regulations prohibit these Terms.  In the case of a discrepancy between these Terms and the terms and conditions of an applicable written agreement you have engaged in with Monaia, the written agreement’s terms and conditions will take precedence.

ELIGIBILITY & COMPLIANCE

You hereby represent and warrant that you are at least thirteen (13) years of age or above.  You hereby concur that you are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

UNIVERSAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including billing information), may be transferred unencrypted and involve (a.) transmissions over various networks; and (b.) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Certain features of the Services may be subject to more terms, which will be posted in connection with such features. Those added terms are part of these Terms and are legally binding just as if they were written on this page.

ABOUT US / OUR SERVICES

The Egyptian Virtual School (EVS) is the largest online school worldwide providing the Egyptian curriculum for Egyptian students residing abroad and sitting for the embassy exam. The school has thousands of students and hundreds of teachers, and everyone works under the umbrella of a distinguished administrative staff to provide the best possible educational service. The school provides its educational services for all levels from K to 12. EVS School is the first Egyptian online school to receive international academic accreditation in December 2020.

Communications, such as service announcements, administrative messages, and other messages, are included in Our Services. We have the right to alter, add, or remove aspects of the Services at any time. All modifications and additions are subject to these Terms.

REQUIREMENTS AND RESTRICTIONS APPLICABLE TO THE USE OF EVS SERVICES

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services for your own personal use for the purpose that it is provided consistent with the Terms.  We have the right to revoke that license at any time. You do not have the authority to:

  • Change or use our content for other purposes;
  • communicate or publish it to a third party, including the public, people you know, or other businesses and entities;
  • record, photograph or stream it;
  • post it on a website or social media platform;
  • sell it; or
  • otherwise violate our intellectual property rights, including using it to develop another product or service.

With the exception of User Contents, Monaia owns or licenses all content in the EVS Services, including text, graphics, data, photographic pictures, video images, sound, drawings, and software. All contents available in the Services are protected by intellectual property laws such as copyright, trademark, patent, and others. Excluding the User Content you have supplied, you do not own any User Content.

Monaia reserves the right, in its sole and absolute discretion, to remove any User Content, block access to the Services, and/or cancel the account of any user.  You are in charge of gaining access to the Service. You must provide and bear responsibility for any equipment required to use the Service.

Therefore, if you are enrolled in the virtual school for which Monaia offers services and that school has provided you with the equipment and/or partial or full reimbursement of access costs, you are not liable for all payments associated with access or for supplying all equipment.

ACCOUNT REGISTRATION AND CONFIDENTIALITY

Some of the Services need you to create an account (“EVS Account”) and supply information about yourself and/or your kid in order to use them. For the Account, you must constantly supply genuine, comprehensive, and up-to-date information. You must also be of legal age (typically 18 or older) to open an account.  In order for you to create an EVS account, we require that you provide a valid phone number and email address. These details use must be one where we can reach you. If you create an account to use any of the Services, during the registration process, you must select a user name and password. Once you have set up a password, you will be given access to your profile and other private areas of your account. It is your responsibility to ensure that your password remains confidential.

You can deactivate your Account at any time by following the instructions on the Site. When you add a student to an Account, you confirm that you are the parent or legal guardian of the kid indicated on the Account. It is your obligation as a parent or legal guardian to determine if the Services are appropriate for your kid.

By registering, you promise that no one else will be able to use your account and that you are solely responsible for any actions that occur under your user name. We may infer that any communications received through your account were sent by you.

Maintain the confidentiality of your password. You are liable for any activity that occurs on or through your Account. Use your Account password on no other websites or applications. You promise to promptly alert us if you suspect unauthorized use of your account or access to your password. You are completely responsible for all activities that occur under your account.  You are totally responsible for how you interact with other Users. We reserve the right but do not have the duty, to monitor conflicts between you and other Users. Monaia accepts no responsibility for your interactions with other Users, or for the conduct or omissions of any User.

PREMIUM FEATURES

The EVS Platform allows select Users to acquire Premium Features via the Service.  Our Premium Features’ categories and fees are detailed in the application and are subject to change at any moment.

Any usage of the Premium Features, as well as any payment(s) made in connection with the Subscription Services, is governed by our Premium Features and Promotions Terms.

UNAUTHORIZED ACCOUNT USE

You agree to notify Monaia immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses, or legal fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses, and legal fees incurred by Monaia or a third party due to someone else using your account.

You represent and warrant that you will use EVS solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on the EVS Platform (“Your Content”).

ACCEPTABLE USE POLICY

You agree that when using the EVS platform services, you will not:

  • Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
  • Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active users accounts to post multiple reviews for the same company
  • Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
  • Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule, or regulation;
  • Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
  • Act in a manner that is harassing, threatening, abusive, racist, or bigoted, is otherwise objectionable (as determined by Monaia);
  • Promote, endorse, or further illegal activities;
  • Disclose information in violation of any legally enforceable confidentiality, non-disclosure, or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
  • Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third party;
  • Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
  • Solicit personally identifying information from minors;
  • Except as expressly approved by us, and subject to applicable laws, use the EVS Platform for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
  • Imply a Monaia endorsement or partnership of any kind without our express written permission;
  • Send messages in violation of the CAN-SPAM Act or any other applicable anti-spam law;
  • Introduce software or automated agents to Monaia, or access the EVS Platform so as to produce multiple accounts, generate automated messages, scrape strip, or mine data from the EVS Platform without our express written permission;
  • “Frame” or “mirror” or otherwise incorporate part of EVS into any website, or “deep-link” to any portion of EVS without our express written permission.
  • Copy, modify, or create derivative works of the EVS Platform or any Content (excluding Your Content) without our express written permission);
  • Copy or use the information, Content (excluding Your Content), or data on EVS Platform in connection with a competitive service, as determined by Monaia;
  • Sell, resell, rent, lease, loan, trade, or otherwise monetize access to the EVS Platform or any Content (excluding Your Content) without our express written permission;
  • Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of the EVS Platform;
  • Interfere with, disrupt, or create an undue burden on the EVS Platform or the networks or services connected to the EVS Platform;
  • Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the EVS Platform; or attempt to circumvent any security feature of the EVS Platform.

Non – compliance with these acceptable usage standards constitutes a major infringement of our Terms of Use, and we may take all or any of the following measures (with or without notice):

  • the instant, partial, or permanent revocation of your permission to use our Products;
  • the removal of any Content, whether immediate, temporary, or permanent;
  • giving a warning to you;
  • legal action against you, including efforts to recoup all costs (including, but not limited to, reasonable administrative and legal fees) incurred as a result of the breach; and
  • disclosing any information to law enforcement authorities that we reasonably believe is required.

The remedies detailed in this Section are not exhaustive, and we reserve the right to take any further action we think reasonable.

PARENT OR LEGAL GUARDIAN RESPONSIBILITIES

As the student’s parent or legal guardian, you are responsible for the student’s education and Internet access.  You undertake to correctly report the student’s real attendance, attend parent/student meetings, and maintain the equipment and other materials provided by Monaia or the student’s school in good working order.

You acknowledge that computers or hardware made available to students may have content filters that restrict access to undesirable Internet sites.  However, Monaia is not accountable for the application’s efficacy.  Students may be given a camera as an accessory or as part of a computer.  Webcams may be triggered periodically by Monaia for the purposes of advanced placement testing, selected classes, and/or providing the services for special activities.  People who have physical access to the computer can also use it to activate the camera.

Parents are liable for their child’s usage of the camera. If Monaia has provided you or the student with a computer or other hardware, you will promptly return it to Monaia when requested. If you do not do so, Monaia may disable part or all of the computer’s or hardware’s functionality.

PAYMENTS

All payment quotations on the EVS Platform are correct at the time of publication. We as well as delivery partners, reserve the right to change prices or Services, including the Delivery fee at any time. All prices include VAT.

All price quotations displayed on the Platform are the prices for Services at the moment of listing them on our platform. While we exercise great care to keep these data up-to-date, it may be possible that the prices displayed are not correct. We will contact you directly about the price difference and you can choose to cancel the order or proceed.  We reserve the right to stop Services on our platform without further notice.

You agree to pay the then-current fee for the service type you have selected for premium subscription purchase on the EVS portal.  We reserve the right to add other payment methods or remove other payment methods without notice, to better improve your payment experience on our Platform.

Payment Security Credit Card: All credit card transactions are 128-bit Secure Socket Layers (SSL) encrypted. The company registration documents and our site’s registered domain name are checked and verified, ensuring the cardholder and merchant that nobody can impersonate the card processor to obtain confidential information. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. The Card Processor’s Internet servers are protected by firewalls and intrusion detection systems. The Merchant/Restaurant owner does not have access to credit details.

PROPRIETARY RIGHTS

The User understands and accepts that certain information available on the EVS Platform is protected by different copyrights, trademarks, service marks, patents, trade secrets, or other intellectual property rights and laws and may only be used as authorized by law and with the owner’s consent.  Users may not sell, license, rent, alter, distribute, duplicate, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, or otherwise exploit the Content or features of EVS Platform in any form or manner unless specifically allowed by Monaia.

Users are solely responsible for their own actions and ensuring that they do not violate the rights of Monaia or other parties. In addition to the possibility of legal action, any unlawful use of Monaia or third-party intellectual property, including copying or reposting, may result in one or more of the following consequences: termination of access to the EVS Platform, school-based disciplinary action, and/or expulsion from the school, program offers, or new curriculum.

INTELLECTUAL PROPERTY INFRINGEMENT POLICY

It is the policy of Monaia to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent, and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that Monaia sells, offers for sale, or makes available services that infringe your intellectual property rights, send the following information below in its entirety to us via email:  support@evs.education.

 Information required

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
  2. A description of the allegedly infringing work or material;
  3. A description of where the allegedly infringing material is located on the site (product(s) URL);
  4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
  6. Identification of the intellectual property rights that you claim are infringed by the Website(e.g. “XYZ copyright”, “ABC trademark, Reg. No. 123456, registered 1/1/04”, etc);
  7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

The above information should be sent to Monaia Copyright Agent for Notice of claims of copyright or other intellectual property infringement by email to the following address: support@evs.education  (Subject line: “DMCA Takedown Request”).

USE OF SCHOOL WORK, INTERVIEWS, PHOTOGRAPHS, AND VIDEOS

Users may be able to contribute content for inclusion in The EVS Platform.  This content may include the submission of work examples, involvement in clubs activities, discussions on the Message Boards, text or other contributions for newsletters, newspapers, and yearbooks, authoring WebMail messages, and so on. Users represent and warrant that they own and/or control all rights to their own material and that public use of such material will not violate or infringe on the rights of Monaia or any third party.

Users may also be able to take part in virtual sessions. Monaia does not guarantee the security of any information shared in virtual conversations through voice or text.  Whatever content submitted or collected by a User during a virtual session may be revealed and made available to all users, and so is no longer private. Any information given by their minor children is the responsibility of their parents or legal guardians.

Virtual meetings can be recorded and utilized for educational and demonstration reasons. The User, on behalf of himself or his minor child, hereby consents to the recording of Virtual sessions in which he or she participates. If a User does not choose to participate in a recorded Virtual Session, the User can access recorded sessions on demand.

DATA PROTECTION

Any personal information collected in relation to the use of this website will be held and used in accordance with our Privacy Policy, which is available on our platform. Monaia will use and protect your data, such as your name, bank details, and address, in accordance with any consumer Privacy Statement(s) contained within the site, the contents of which are incorporated by reference into the Terms of Use. Please be aware that your browser must be enabled to accept cookies in order for you to use certain Services.

THIRD-PARTY LINK

There may be a number of links on the EVS Platform that may be of interest for you. However, we do not represent such third parties and do not guarantee the quality of their services. Moreover, we are not responsible for the content of these websites and/or the products/services they offer.

COMPLAINTS

We take complaints very seriously and strive to reply within five days. All complaints should be mailed to:  support@evs.education                   

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTIES, EITHER EXPRESS, IMPLIED, OR BY LAW. MONAIA DISCLAIMS ANY WARRANTIES TO YOU OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. MONAIA DOES NOT PROMISE TO YOU THAT THE SERVICES WILL: (A) BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, THOSE WARRANTIES ARE LIMITED IN DURATION TO SIXTY DAYS FROM THE DATE OF FIRST USE. SOME PLACES DON’T ALLOW THE DISCLAIMERS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.

MONAIA MAKES NO WARRANTY THAT (I.) YOU WILL BE ABLE TO PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II.) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III.) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL MONAIA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE EVS PLATFORM OR ANY COMMUNICATION SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CONNECTIONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MONAIA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

WARRANTY AND OTHER DISCLAIMERS

Monaia is dedicated to guaranteeing the veracity of the information contained on The EVS Platform, subject to the limits listed below:

  • Monaia shall make appropriate efforts to maintain the information up to date and to assure the accuracy or completeness of contents accessible via The EVS Platform.  Materials made available through The EVS Platform, on the other hand, are not warranted to be accurate, up to date, or thorough, and may contain inaccuracies or typographical mistakes.

 

  • The User recognizes that Monaia is not liable for the behavior of any person using The EVS Platform, or for any defamatory, offensive, infringing, or unlawful materials published on The EVS Platform or in any Communication Service, and Monaia reserves the right, at its sole discretion and without the responsibility of any kind, to rectify any errors or omissions and remove any materials from The EVS Platform.

We also do not warrant or provide any assurances that your use of the service will comply with the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”).

RELEASE

THE USER HEREBY RELEASES AND FOREVER DISCHARGES MONAIA, ITS AFFILIATES, EMPLOYEES, CONTRACTORS, OFFICERS AND DIRECTORS, AGENTS, SUCCESSORS, AND ASSIGNS (“RELEASED PARTIES”), FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS, OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO THE USER OR USER’S MINOR CHILD(REN)’S USE OF THE EVS PLATFORM OR ANY COMMUNICATION SERVICE. THE USER UNDERSTANDS THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES TO WHICH YOU OR YOUR MINOR CHILD(REN) MAY HAVE AS A RESULT OF HIS OR HER USE OF THE EVS PLATFORM REGARDLESS OF THE SPECIFIC CAUSE THEREOF.

LEGAL COMPLIANCE

You acknowledge, consent, and agree that Monaia may access, preserve, and disclose your account information and/or any User Content you submit or make available for inclusion on the Services if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by Monaia’s Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1.) to comply with legal process; (2.) to enforce these Terms; (3.) to respond to claims that any content violates the rights of third parties; (4.) to protect the rights, property, or personal safety of Monaia, its agents and affiliates, its users, and the public; or (5.)  to address your requests.

THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”)

This Provision stipulates that Monaia needs to obtain parental consent before intentionally collecting Sensitive Information from minors under the age of 13.  Monaia does not intentionally gather or request Sensitive Information from children under the age of 13 unless it is provided directly by a child’s parent or guardian or through the child’s usage of the Services as a student in a school that uses the Monaia Services.

If we discover that we have collected Sensitive Information from a person under the age of 13 in violation of COPPA, we will destroy the information.  If you feel a child under the age of 13 has provided us with Sensitive Information in violation of COPPA, please contact us at support@evs.education.

INDEMNITY AND RELEASE

Upon request by Monaia, the User agrees to defend, indemnify, and hold harmless Monaia and its affiliates, employees, contractors, officers, directors, third-party content providers, and licensors from all liabilities, claims, and expenses, including attorney’s fees, which arise from the User’s use or misuse of The EVS Platform, Content, or any Communication Services. Monaia reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with Monaia in asserting any available defenses.

ELECTRONIC COMMUNICATIONS

The communications between you and Monaia’s use electronic means, whether you use the Site or send us emails, or whether Monaia posts notices on the Site or communicates with you via email.  The Whatsapp Phone Number or Email collected from parents will be used solely for the purpose of communication by the school administration team and systems in order to send reports to parents about the progress of their children, school announcements, follow-up reports, School certificates and urgent messages.

For contractual purposes, you (a.) consent to receive communications from the EVS Platform in an electronic form; and (b.) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Monaia provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

AMENDMENTS TO THE PLATFORM

We may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the platform (or any of its content), the extent and availability of the contents on the Website, and any other aspect related to the Website. You will have no claim, complaint, or demand against us for applying such changes or for failures incidental to such changes.

GOVERNING LAW / CHOICE OF LAW

The use of The EVS Platform shall be governed by and construed in accordance with the laws of the United Kingdom, excluding its conflicts of law rules. The User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to the User’s use of The EVS Platform shall be filed only in the state or federal courts located in the United Kingdom, and the User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

RESOLUTION / ARBITRATION

You agree to first try to resolve the matter by emailing support@evs.education with a description of your claim before initiating a claim against Monaia.  We’ll try to settle the disagreement informally by following up by email, phone, or other means.  If we are unable to resolve the issue within thirty (30) days after receiving your initial email, you or Monaia may file a legal process as outlined below.

Please carefully read this Arbitration Agreement. It is a requirement of your Monaia contract and impacts your rights.  Any disagreement or claim pertaining to these Terms (including its legality and enforceability) or the Services shall be resolved through binding and secret arbitration rather than in court. These Terms are governed by the Federal Arbitration Act and federal arbitration law.  Arbitration does not have a judge or jury, and a court ruling of an arbitration ruling is circumscribed. Nevertheless, an arbitrator can grant the same damages and remedies as a court (including injunctive and declaratory relief or statutory damages) on an individual basis and must follow the Terms as a court would.

The London Court of International Arbitration (LCIA) will conduct the arbitration in English in accordance with its rules. The LCIA’s regulations shall regulate the payment of all filing, administrative, and arbitration costs.  You have the option of having the arbitration performed over the phone, through written submissions, or in person.  The arbitration will be conducted before a single arbitrator, who will issue a written award and statement of decision explaining the main findings and conclusions upon which the judgment is based, as well as the computation of any damages awarded.  We each agree that any dispute resolution actions will take place only on an individual basis, rather than as a class, consolidated, or representative action.

If a lawsuit is resolved in court rather than through arbitration, we both waive our right to a jury trial.  We further acknowledge that either you or we may file a judicial action to prevent infringement or other misuses of intellectual property rights.

TERMINATION /SUSPENSION

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

The reasons for such suspension, termination, and/or deletion may include, but are not limited to,

  • infractions or breaches of the Terms or other integrated agreements or guidelines,
  • demands from law enforcement or other government entities,
  • a request made by you (self-initiated account deletions),
  • The EVS Platform discontinuation or material change (or any part thereof),
  • unanticipated technical or security concerns or problems
  • inactivity over lengthy periods of time, and/or
  • your participation in fraudulent or criminal actions.

Your account may be terminated for any of the following reasons:

  1. access to all offers on The EVS Platform is no longer available.
  2. deletion of your password and any relevant information, files, and material linked with or included within your account (or any portion thereof), and
  • prohibition on future usage of The EVS Platform

Furthermore, you agree that all terminations for reason will be made at Monaia’s sole discretion and that Monaia will not be responsible to you or any third party in the event that your account or access to The EVS Platform is terminated.

ASSIGNMENT

We may at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under these Terms to any person.

You may not assign or transfer any of your rights or obligations under these Terms without obtaining our prior written consent.

INJUNCTIVE RELIEF

We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Platform. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Please contact us at support@trysympli.com to report any violations of these Terms or to pose any questions regarding these Terms or the Service. Feel free to send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to the support page on the website.

 

Last Updated: April 2022