Terms and ConditionsLast modified: Nov 11, 2018

1. About Us

• Nagwa Limited is an educational technology company. Our head office is located in Windsor at Queen Caroline House, 3 High Street, Windsor SL4 1LD, UK.
• Our mission is to educate the world. We provide free accessible content and offer paid-for tuition services.

2. Definitions

• When writing “you” or “your”, we are referring to a parent, carer, or person over the age of 13 years old. This includes students over the ages of 13.
• SSA is an acronym for Student Subsidiary Account.
• A parent is any adult with the responsibility for a minimum of one SSA.
• A tutor refers to any person registered with Nagwa to provide tuition services.
• A user refers to any user of the site including, but not limited to, parents, students, and tutors.

3. Key Facts

• Paid-for tuition services are provided by Nagwa tutors. Nagwa tutors are either
  • employed by Nagwa or
  • independent tutors verified by Nagwa.
• All Nagwa tutors agree to the terms of service outlined in this document, in addition to the tutor terms of service stated in other documents.
• By using our paid-for services, you agree to our terms and conditions in full.
• Nagwa limited is a company registered in England. In case of dispute, the laws of England and Wales will apply.

4. General Terms of Use:

• To create a parent or independent student account on Nagwa, you must be at least 13 years of age.
• A parent account has the ability to create subsidiary student accounts (SSAs) for users who are under 13, but this is under the assumption that you, as a parent, take full responsibility for these accounts.
• You are always the contractual party when using our services; persons under the age of 13 are never the contractual party.
• Nagwa tuition services are for personal use only and not for commercial sale.

5. Registration Obligations

With respect to your use of our Services, you agree to:

• provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”);
• maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, Nagwa has the right to suspend or terminate your account and refuse any current or future use of the Service.

6. Member Account, Password, and Security

• You will have a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Nagwa of any unauthorized use of your password or account or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Nagwa cannot and will not be liable for any loss or damage arising from your failure to comply with the items of this Section.
• Nagwa accounts may not be shared by more than one person unless express authorization is given by Nagwa Limited.

7. General Terms of Use for Tuition Services:

• Nagwa takes reasonable measures to confirm the information in a tutor’s profile including, but not limited to, their competency, their background, and their proficiency in the subject matter where they offer their services.
• Nagwa takes reasonable measures to supervise the services performed by tutors for users. If any of the tutors exhibit inappropriate behaviour, Nagwa will investigate and act on this investigation accordingly.
• You will supervise your children’s use of Nagwa services, including appropriate checks and safeguarding behaviour as outlined in our safeguarding section.

8. User Conduct

• Any person using tuition services should do so respectfully and appropriately. Any reports contrary to this may result in the termination of your ability to use our services.
• Users will treat all Nagwa employees and independent tutors with respect. You will not use obscene, profane, or indecent language at any time when using Nagwa's platform.
• Users must not knowingly send or upload explicit or otherwise offensive content to Nagwa’s platforms.
• Parents, or students under their supervision, will not share personally identifiable information with tutors during online tuition services.
• Users will not ask Nagwa tutors to share their personal contact information. For reasons of safeguarding and the agreement of contracts, all communication between users and Nagwa tutors must be through Nagwa’s platform. We take no responsibility for any communication or contact that takes place away from our platform.
• Nagwa reserves the right to suspend or delete user accounts that do not follow the code of conduct.

In addition:

• Users must not knowingly send or upload content to Nagwa to deliberately introduce viruses, malware, or otherwise attempt to harm or hack Nagwa’s systems.
• Users must not attempt to gain unauthorised access to our technology platform, including servers, databases, and apps.
• Users must not attempt to disrupt the delivery of Nagwa technology by any other means, including denial of service attacks or other distributed means.
• We reserve the right to take legal action against any user breaching these terms under the Computer Misuse Act 1990.

9. User Agreements

• By using our tuition services, you consent to receiving electronic communications from Nagwa which are essential for the delivery of our services. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or relating to the service. This communication can be sent through SMS and/or email.
• For quality control and safeguarding reasons, you agree that all Homework Help communication and tuition sessions may be recorded and stored by Nagwa.
• You agree that the intellectual property rights for materials shared in tuition services remain the property of Nagwa.
• You agree to Nagwa’s Privacy Policy.
• Nagwa tuition services are tailored to the curricula for individual countries. You are responsible for choosing the service that is most appropriate for your child.

10. Disputes

• Nagwa will investigate all disputes and will aim to resolve these within 14 calendar days. Disputes can be raised by either a user or a tutor.
• All disputes must be made in writing through the Nagwa website: https://www.nagwa.com/en/contact/.

11. Nagwa’s Obligations

• Nagwa will provide its services with all due reasonable care and skill to ensure tuition services are delivered as described, of satisfactory quality, and fit for purpose.
• Nagwa will maintain its technical platform with all due reasonable care and skill to ensure that its services are working. This may mean, from time to time, the website platform will be offline for scheduled maintenance. When this happens, Nagwa will make reasonable efforts to inform all affected parties.
• In the event of an unscheduled system shutdown, Nagwa is only liable for the provision of refunds up to the value of any missed sessions resulting from this unscheduled shutdown.
• Nagwa will provide the necessary information for users and tutors to use Nagwa’s services.
• By law, we must provide services that are of reasonable quality, fit for purpose, and as described in the product description. In case of dispute, please contact us with 72 hours of receiving the service using: https://www.nagwa.com/en/contact/.
• We reserve the right to check the usage records of Nagwa technology to investigate disputes.
• Should the paid content provided be found to be substandard, Nagwa will contact the user to discuss compensating them with a new answer, a credit for a new question, or a refund which will be paid into the user’s wallet within 14 calendar days.

12. Termination

• Nagwa can suspend or delete your account if you fail to observe any of the terms of this agreement.
• Examples of reasons to terminate include false or misleading information, unacceptable behaviour towards Nagwa tutors, or students repeatedly cancelling scheduled sessions.
• Users can terminate their account at any time by contacting us through this https://www.nagwa.com/en/contact/. You can request a refund of any unused monies remaining in your wallet.
• Nagwa reserves the right to terminate its services at any time, providing reasonable notification to users and tutors.

13. Modification of Service

• Nagwa reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that Nagwa shall not be liable to you or to any third party for any modification, suspension, or temporary discontinuance of the Service.

14. Liability

• Nagwa’s services are provided on an “as is” basis.
• Nagwa takes all reasonable precautions to ensure our technology is free of viruses and malware. However, Nagwa accepts no liability for loss or damage to a user’s technology incurred by the use of Nagwa’s services. It is the user’s responsibility to ensure that they have appropriate safeguards in place to protect their technology.
• Nagwa accepts no liability for any loss of profit, loss of business, or requests for compensation.
• The maximum liability that Nagwa will accept is the fees paid by you in the month preceding the start of the dispute.
• Nothing in this agreement is intended to exclude liability as covered by law.

15. Severance

• If any part of this agreement is held by a competent authority to be invalid or unenforceable, the remaining provisions in this agreement will not be affected.

16. Process of Payment

General Terms of Payment

• Payment for using Nagwa tuition services will be by the use of a valid credit or debit card through supported payment methods such as PayPal.
• Currency exchange settlements and foreign transaction fees are based on your agreement with the payment method provider (i.e. PayPal).
• When you place an order for a Nagwa exam preparation product, you agree that you wish the paid content to be made available to you immediately. You also agree that by accessing (e.g. downloading or streaming) the paid content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”).
• Nagwa’s paid-for tuition services operate on a prepay model, meaning you must pay in advance by topping up an SSA with a sufficient balance before a student is able to send questions via the Homework Help service or book a scheduled tuition session.
• Your balance will expire twelve months after your last financial transaction on your account, whereupon you will be refunded for any remaining credit in your wallet. To continue using Nagwa’s paid-for services after this point, you will need to top up your wallet with a new amount of money.
• You can arrange a scheduled tuition session on behalf of a student (a child) who has an SSA, but the session can only be attended through the SSA.

For Homework Help

• The charges per question, for Homework Help, are determined by the Nagwa team and are specified depending on different locations and grades. The charges are inclusive of any applicable VAT. Users are charged in advance based on the country in which they reside, the subject of the questions they send, and the level of the question asked.
• Prices and top up amounts for Homework Help can be viewed via the pricing page: {link}. They are subject to change according to any decision made by the Nagwa team. In the event of any changes, current users will be notified.
• If you don’t receive an answer video within three days of sending the question, you are entitled to a full refund which will be credited to your balance. For more details, see section 15.

For Scheduled Tuition

• Tutor’s prices for a scheduled tuition session are set for each individual tutor.
• You can arrange a scheduled tuition session on behalf of an SSA. However, the session can only be attended via the SSA.
• An SSA can arrange a scheduled tuition session providing you have topped up their wallet.
• In the event that a tutor fails to attend a scheduled session or there are technical difficulties causing the session to fail, please contact Nagwa https://www.nagwa.com/en/contact/ and we will arrange a refund in accordance with section 18.

17. Tuition Services

Homework Help

• Homework Help services are provided by Nagwa. When a question is posted through one of your associated SSAs, you enter a legally binding contract with Nagwa.
• All fees are payable to Nagwa inclusive of VAT.
• When you place an order for a question, you expressly acknowledge that you wish Nagwa to immediately start working on preparing an answer. When you confirm acceptance of these terms, you waive your legal right to cancel or change your mind (i.e. the cooling off period).
• When using Homework Help, a student should only submit clear, legible questions that are appropriate for the year in which a user is registered. A student is expected to submit one question at a time. If a photo contains multiple questions, a student should clearly identify which question they want answered.
• Nagwa may reject a question submission if it is not appropriate for the level at which it has been submitted, is unclear, or contains multiple questions which cannot be answered in a reasonable time frame. In this instance, Nagwa will contact the user to explain various options. In these specific circumstances, a user may be refunded on the basis that a Nagwa tutor has not worked on providing the answer.
• A Homework Help answer video is an individually crafted video created by a tutor. It will contain content relevant to the question and will provide the user with an explanation of how to solve the question. It will contain a unique solution to the question at some point in the video.
• The Nagwa Homework Help service is asynchronous; there is no live interaction between a tutor and a student.
• Nagwa reserves the right to save and archive any Homework Help video answers for the period of time that a user (parent, student, or tutor) is registered on our platform, for the purpose of quality control and addressing customer complaints, and for the purpose of safeguarding. The saved videos will be accessible to Nagwa’s team and to the individual user who purchased them.
• A student will rate the video answers for their questions. They are expected to do this fairly and honestly. If their rating is low, they must provide a reason for this. Nagwa reserves the right to review any tuition session accordingly.
• Nagwa endeavours to store questions and solution videos on your account and make them accessible to view at any time via the tutoring app or through the website. However, please be aware that it is ultimately your responsibility to download and store Homework Help solution videos if you would like to ensure your continued access to them.

Scheduled Tuition

• Scheduled tuition services are provided by independent self-employed tutors verified by Nagwa. When you schedule a tuition session, you enter a legally binding agreement with the tutor providing the tuition service to you.
• All fees are payable to Nagwa, with Nagwa acting as a payment processor on behalf of the tutor.
• All independent tutors on Nagwa are non-VAT registered.
• Nagwa receives a commission from the tutor to cover the provision of Nagwa’s services provided to the tutor.
• Tutors create a profile on Nagwa and a user may browse these profiles to their discretion.
• A scheduled tuition session is via a whiteboard interface with a two-way microphone. We reserve the right to record any tuition session, so it can be reviewed at a latter point by Nagwa.
• You, and any SSA, have access to a tutor’s calendar to see their availability for tuition. When scheduling a session, you, or an SSA, can include a message detailing the assistance needed in the tuition session. A tutor will then need to accept the tuition request and you will release payment for this session from your wallet or any balance assigned to an SSA.
• You can only book a session for a date and time which is 48 hours or more in the future. This is to allow time for a tutor to accept a request and allow suitable time for cancellation.
• A scheduled tuition session is attended via an SSA’s dashboard on https://www.nagwa.com or via the Nagwa Tutoring Student Edition app.
• At the end of a scheduled session, a student will be asked to give a rating. This should be done fairly and honestly and should be reflective of the quality of service received. If their rating is low, they will need to give a reason for this. Nagwa reserves the right to review any tuition session accordingly.

18. Refunds and Complaints Policy

• Exam preparation products: You have the legal right to a “cooling-off” period within which you can cancel the contract for any reason and receive a refund. This period begins once we have sent you an order confirmation email (i.e. when the contract between us is formed) and ends when you access (e.g. download or stream) the paid content or when 14 calendar days after the date of your subscription has passed, whichever occurs first.
• Homework Help is generally a non-refundable service except in exceptional circumstances.
• Scheduled tuition can be cancelled up to 24 hours before a session. Cancellations within 24 hours of the session must be paid in full. This includes instances where a student fails to attend a session.
• A user can apply for a refund within 72 hours of receiving a question solution or attending a tuition session in the following exceptional cases:
  • if a solution to a question was not received in a reasonable period of time as mentioned in section 16.8;
  • a tutor failed to attend a scheduled session (16.12);
  • the service quality received by the user did not meet an acceptable standard. This includes in the event of technical issues where the service is not delivered correctly;
  • Nagwa will be responsible for reviewing each case individually and will make a final decision as to whether a refund is paid directly to the user, to the user’s account, or not at all.
• If a customer wishes to make a complaint, they should contact Nagwa https://www.nagwa.com/en/contact/ or by sending an email to nagwa@nagwa.com.
• Cancellations must be made in writing through the Nagwa website: https://www.nagwa.com/en/contact/.
• If a tutor cancels a session, you will be offered an alternative session timeslot or a full refund paid into your user wallet.
• You will be refunded if you decide to terminate your Nagwa account and have any credit left in your wallet or the wallet of an SSA account.

19. License

• For answers provided by Nagwa tutors, we grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Homework Help answers for your personal use. You may not copy, rent, sell, publish, re-publish, share, or broadcast the content or in any other way make it available to the public, including saving the content on any shared network.
• Our content is for personal use only and is not for commercial use.

20. User Content

• Users agree that they will be solely responsible for the content they submit to Nagwa, in keeping with our conduct policy (section 6).
• Users agree that they have the right to submit the content to Nagwa, including respecting the rights of 3rd party copyright and intellectual property considerations.

21. Intellectual Property

Exam Preparation Products

• All content provided to you by Nagwa are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.
• The products provided to you are for personal use only. You may not copy, rent, sell, publish, re-publish, share, or broadcast the content or in any other way make it available to the public, including saving the content on any shared network.

Homework Help

• All content provided to you by Nagwa tutors remains the property of Nagwa, protected by UK and international law. This covers copyright and all other intellectual property rights arising in the content.
• When you submit questions to Nagwa, you grant us an unconditional, non-exclusive, irrevocable, and worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, and distribute this content. This includes the right to create derivative works and sub-licence the content. You also grant other users the right to copy and quote your content within Nagwa.

Scheduled Tuition

• All content provided to you by Nagwa tutors remains the property of the Nagwa tutor who has provided you the content.
• The materials provided to you in scheduled sessions are for personal use only. You may not copy, rent, sell, publish, re-publish, share, or broadcast the content or in any other way make it available to the public, including saving the content on any shared network.

Proprietary Rights and Trademarks

• You acknowledge and agree that all content, service, and materials available on the Nagwa website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.
• You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content, any portion of the Service, use of the Service, or access to the Service.
• If you believe in good faith that materials on the Services infringe your copyright, you can send us a notice requesting that the material be removed or access to it blocked.

The notice must include the following information:

• the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
• identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Nagwa to locate the material on the Services;
• the name, address, telephone number, and email address (if available) of the complaining party;
• a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  Notices and counter-notices with respect to the Services can either be sent:
• via mail: Nagwa Limited, Queen Caroline House, 3 High Street, Windsor SL4 1LD, UK (or) Free Zone, Nasr City, Cairo 11816, Egypt
• via email: contact@nagwa.com
  We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims.

• Nagwa also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by Nagwa in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at contact@nagwa.com, and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.