TERMS AND CONDITIONS
1. introduction
The following terms and conditions pertain to the use of our website https://ogtrading.biz, and any other services or offerings related to this website (hereinafter the “Products” or “Services”).
If accepted, the user is bound by all the clauses contained in the following terms and conditions, including those establishing limitations on the company’s liability (Articles 12 and 13), right to withdraw from the contract (Article 16), rules of conduct and penalty clause (Articles 5, 6 and 7).
Before executing any transaction against OG GROUP FZ LLE, a limited liability company incorporated in Fujairah, Creative City, UAE (Hereinafter “Company”), you must create your own personal account and agree to the terms and conditions set forth below.
2. Additional conditions
All personal information provided in connection with the use of our products will be subject to the privacy policy found at: https://ogtrading.biz/privacy-policy/, Which is expressly part of the following terms and conditions.
3. General information
3.1 Only in the event that the unilateral amendment option is exercised, the Company will bring to your attention, by e-mail communication, the changes made to the general conditions as well as the specific reason justifying the said change, which may concern the need to protect the reputation and honor of the Company. In accordance with the provisions of Article 33(m) of the Consumer Code.
The communicated changes will take effect fifteen days after receipt of the e-mail, if the user does not wish to withdraw from the contract within that period.
After 15 days of receipt of the e-mail referred to in the preceding paragraph, the user’s use of the products shall be deemed as acceptance of the amended terms and conditions.
3.2 The Company reserves the right to change products or suspend product availability at any time. You are solely responsible for any services, telephone charges, data services, or other costs necessary for the purchase and maintenance of telephones, computer hardware, or any other tools necessary to access and use the products.
3.3 Some of the products are completely free, while others are chargeable. The use of some of the products may require payment of fees. Use of our Products implies acceptance of the obligation to pay such fees and all taxes that correspond according to law. If you provide credit card information to make payment, you authorize the Company to charge payments on a regular basis (without the need for any further confirmation or acceptance from you) to charge amounts due to access the products.
3.4 In the event that the payment method does not work or the account has expired, the Company may obtain the payments due by taking legal action which may result in additional costs to the user. In addition, the Company reserves the right to block access to any user of the Product until the corresponding balance due to secure access to the products.
3.5 Any use, access and other activities related to the products must comply with all applicable regulations in the UAE, including in all cases copyright and other intellectual and industrial property rights legislation, data protection law and the right to privacy of other users or third parties .
3.6 In connection with your use of the Products, you agree not to provide false information, copy, distribute, modify or reverse engineer, damage, interfere with or hack any of the Products or the operation of our web page. It is forbidden to appropriate the content of this website or any of its products in any way, or to share another user’s account to access the products.
3.7 Unless otherwise specified in the particular course conditions, courses are not suitable for particular one-to-one classes aimed at a single user. The courses are conducted online and neither the tutors nor the Company are obliged to answer users’ questions or to provide a specific individual monitoring service. The courses consist of a recorded part usable on the platform and a LIVE support part, with a LIVE TUTOR available to support the user.
3.8 The user is responsible for the use of the LIVE TUTOR service available through predefined appointments, in the Company’s support groups. Under no circumstances may such appointments be repeated or moved, and participation in such appointments is optional on the part of the ‘user.
3.9 You should regularly visit our web page and monitor the email provided to the company during registration to ensure that you are up-to-date on the applicable terms and conditions in accordance with the latest published version.
4. Company and Tutor Responsibilities
This site consists of a platform created by and belonging to the Society, aimed at connecting Tutors and students. The company is a legal entity separate from the tutors and does not assume responsibility for any damages or prejudicial consequences attributable to the conduct carried out by them.
In particular, the Company is not responsible for the information released by tutors to present courses and for any prejudice resulting from the untruthfulness of said information.
Tutors are not employees of the Company and work completely independently, without subordination, in the interest of the Company in order to contribute to the training of users.
None of the tutors are employees of the Company unless a subordinate employment agreement has been entered into in accordance with UAE laws which will be specifically mentioned within the course offered. The Tutor shall not in any case make a higher demand for remuneration for the uploaded course or the works produced beyond what is stipulated in the price clause of these terms and conditions.
The company cannot under any circumstances control the content (as defined below) uploaded to the web page or other channels by any user. The Society does not guarantee the results of the course. By using the products and this site, you agree to possible exposure to inappropriate or offensive content.
This site and products may give access to third-party Web pages (third-party Web pages), either directly or through courses. The Company does not endorse orpromote these third-party web pages, nor does it control their operation or content. Therefore, the Company assumes no responsibility for the User’s access to any of these third-party pages. The Company recommends that users take the necessary precautions to determine whether access to a third-party page is inappropriate, as well as take the necessary means to protect their personal information and privacy on such pages.
5. Conduct
5.1 Users will have limited access to the Site with the ability to purchase and use Products in accordance with applicable laws. Users agree and agree not to use the Products to recruit, send inquiries, or otherwise contact Tutors or potential clients with the goal of offering them an employment contract.
5.2 Users of this website represent our brand and must help the company maintain a good image, hence the need to maintain good behavior in social networks, avoiding posts with harmful topics such as violence, defamation, sexual content, racial segregation, cultural and/or religious discrimination.
The Company reserves the right not to allow access to this site to any user who performs conduct contrary to the rules set forth in this article or in case of violation of any other clause contained in the general terms and conditions.
The company reserves the right to restrict or exclude participation our Facebook, Telegram and site groups belonging to OG GROUP in case the user is found to be harassing or privately writing to other users of the groups by advertising their own for-profit and nonprofit activities. Spam activity is not tolerated within OG GROUP and as such will be punished by exclusion from all OG channels.
The purchase of the course does not include the inclusion of the user within the Facebook group created by the Company.
If the user engages in any conduct that harms or endangers the interests of the Company, is detrimental to the Company, is deemed defamatory by the Company, or is generally contrary to the clauses contained in this article, the Company may at any time, without prior notice, order the permanent removal from the Facebook group.
It is also considered prejudicial, such as to warrant removal from the Facebook group, conduct carried out by the user who privately contacts other users to propose or offer work collaborations.
5.3 Users who accept the terms and conditions of this contract may not engage in acts aimed at harming the reputation and honor of the company and its individual members through the dissemination, by any means – and in particular through social media (by way of example but not limited to facebook, instagram, youtube) – of defamatory or denigrating news or comments related to the content of the courses bought and sold, to the activity carried out by the tutors and in general to anything related to the company and its employees, regardless of the truth, public interest and continence of the news or comment.
5.4 Acts detrimental to reputation, honor, and image performed by users in any context and in any capacity, including the dissemination of false news and offensive comments within private groups created through social media, are prohibited under this clause.
5.5 The above rules of conduct also apply to users who have obtained refunds as a result of regularly exercising their right of withdrawal or who have requested but not obtained a refund.
6. Specific obligations of tutors
The following terms and conditions apply to Tutors:
6.1 The Tutor will be responsible for all content processed and uploaded to this site. By accessing this website, the Tutor declares that he/she has all licenses, rights, consents and permissions to allow reproduction, distribution, communication to the public (including digital and audiovisual means), to promote, advertise, sell or otherwise offer the use of the content uploaded to this website. The Tutor agrees by using the platform not to use without permission third-party or intellectual industrial property rights, nor to infringe on the intellectual or industrial property rights of third parties.
6.2 The Tutor declares that he/she has the necessary qualifications, credentials, experience, including non-exclusive education, training, knowledge and skills, to teach and deliver the Course services through this website.
6.3 The Tutor agrees not to upload any form of content that is inappropriate, offensive, racist, hateful, sexist, pornographic, false, unfair, illegal, or defamatory. Tutors must abide by the rules of conduct stipulated in paragraphs 3 and 4 of the previous article
6.4 Tutor may not upload or post any type of unsolicited or authorized promotional or advertising material, such as junk e-mail, spam, pyramid schemes, or any other form of commercial or other application.
6.5 The Tutor will use the Company’s products for teaching and training of students.
6.6 The Tutor agrees not to proceed with any activity that requires the Company to obtain a license, payment of royalties or regulations, or any other type of remuneration or compensation for the use of works protected by intellectual property.
6.7 Tutor agrees not to distribute, communicate to the public, distribute, create derivative works of, or make commercial or non-commercial use of the Company Content, Products or Courses, or material available on this site, except as permitted by these terms or with express written permission from the Tutor who uploaded the content.
6.8 Tutor will not disclose personal information on this site. The Tutor assumes responsibility for controlling the disclosure of personal information, including the use of the most appropriate means of protecting such information.
6.9 The Tutor may not request any personal information from any other tutors or Users.
7. Damage Compensation
In case of violation of paragraphs 3, 4 and 5 of Article 5 and paragraph 3 of Article 6, the responsible user or employee will be obliged to pay the company a sum of money amounting to €1,000.00 as a penalty, pursuant to Article 1382 of the Civil Code.
However, the company reserves the right to demand, in addition to the above penalty, compensation for any greater damage suffered.
8. Enrollment
8.1 The user can access the website without registration. However, the company may restrict access to certain areas, including access to products, and you may need to register on this site to access them. Registration information must be accurate and complete, and the User must report any changes to such information, particularly for personal information, including but not limited to, name and e-mail address. The company reserves the right to require proof of identity to ensure access to products. Any request for registration may be rejected by the company without any reason.
8.2 You guarantee that you will not share access with third parties. You must not allow anyone else to access this website using your user name and password. The user is responsible to the company for all website accesses made. Under no circumstances may the purchase and use of Products be shared between two or more users on a single account. Sharing ‘access to an account results in the permanent deletion of the accounts of the users involved. You agree to use two-factor authentication via “Google Authenticator” to access courses. The company reserves the right to deny access to a user who refuses to identify himself/herself with ID with the company.
8.3 You accept responsibility to the company to keep your user name and password secure. You may not use this site to send spam or to send, use or reuse any material that is illegal, threatening, offensive, defamatory or indecent, violates copyright or any other legal right, or contains any other form of illegal content .
8.4 To register effectively, the user must not have been banned by the company previously for violation of these terms. By registering with this site and creating a profile, the user can access various products without having to make any further registrations. If you purchase a product that requires acceptance of additional terms and conditions, you will have the option to accept them on a separate page.
9. Contents, concessions and the authorizations
9.1 Any software, technology, design, material, information, communication, text, graphics, linking, digital art, animation, illustration, graphics, sound clips, video clips, photos, images, opinions, and any other product that may be protected by copyright or copyright is considered as “content” in these terms and conditions. When the Company provides the “Content” to you along with the products, including the software and the Products, it is regarded as content owned by the Company. Users are not allowed to use notions learned in course content for the creation of training courses in competition with the Company. Competing courses are defined as online courses in digital marketing, sales, and digital strategies. The company reserves the right to permanently suspend the accounts of users who violate this rule and create training courses in competition with the company and to proceed in the appropriate legal fora to protect its intellectual property.
9.2 The Content is the property of the person or entity creating it and is protected without limitation by copyright and copyright laws. By accepting these terms and conditions you warrant that you possess all necessary licenses, rights, consents and permissions to use and exploit the “received content” uploaded to this site. The Company releases itself from any kind of responsibility for the use and use of material protected by intellectual and industrial property rights.
9.3 By accepting these terms and conditions, User grants Company a non-exclusive license to reproduce, distribute, communicate to the public, or promote, market, or exploit any of the content received on this site or in the products. In any case, the User has the right to withdraw all or part of the content uploaded to this site at any time. Withdrawal of the content uploaded to the web page will terminate the license of which and the rights arising from the same within 60 days of the withdrawal of the reported for new use. All rights granted to users prior to content deletion will be respected.
9.4 The Company grants the User a non-transferable, limited and non-exclusive license to access and use any content that is part of the products for which the User has paid the fee due to the Company. This access and use will be for personal use only, with non-commercial character and for educational and training purposes. Any other use without the written consent of the Society is strictly prohibited.
9.5 The Company’s content and content uploaded by other tutors is licensed and cannot in any way be sold or transferred to other users. The Company does not control the content uploaded by tutors. If you consider that some of the content from some users violates applicable laws or any intellectual or industrial property rights, you should report this to the Company by sending an email to info@ogtrading.biz
Any rights not expressly granted in these terms and conditions will be the exclusive property of its creators and/or owners.
10. Prices
The company will be solely responsible for determining the base sale price of the course uploaded to the platform.
Prices shown on this site are exclusive of value-added tax (VAT). VAT will be headed by each user in addition to the prices payable to the Company.
When the selling currency is other than the base currency, the Company will determine the selling price based on the latest type of base conversion approved by the Central Bank of the United Arab Emirates in accordance with applicable laws.
By accepting these terms and conditions, you agree to pay the price of the courses by credit card. Charging of amounts due will be done on a monthly basis or through a single payment according to the course characteristics and special conditions appearing on this website.
Failure to pay a monthly installment is considered, in accordance with Article 1455 of the Civil Code, as a serious breach such as to justify the termination of the contract by the Company, which also may prevent the user from accessing the platform, regardless of the termination of the contract.
If credit card payment is declined, the Society has the right to deny access to the course for non-payment.
The Company may, at its discretion, round up or down the sale price. This rounding will be done in the selling currency in which the product is offered.
This site will select sales courses based on geographic location. The currency of any transaction will always coincide with the selling currency that appears on the web page. You cannot change the currency that appears by default.
11. Marks
The user shall not modify or to alter the signs or associate with them without the express written permission of the Company.
12. Waiver of liability for course guarantee.
Users are expected to check the conformity and appropriateness of the services, products and content made available by the Company with respect to their personal needs and interests.
If the objectives or characteristics of the course are found to be dissimilar to the user’s personal interests and needs, the user may withdraw from the contract only in the time period from the payment of the price to the completion of registration, provided that the digital content has not been performed or reproduced, and in any case no later than 14 days from the time when the registration of his personal account was completed, in deference to the provisions of the last paragraph of Article 16 of these conditions.
any defect in the course must be specifically objected to within 2 months from the date it was discovered, in accordance with Article 132(2) of the Consumer Code.
13. Limitation of liability
The Company shall not be held liable in any way to third parties for any unlawful conduct by the user and/or tutor.
A user and/or tutor who engages in unlawful conduct against third parties shall indemnify the Company, its associates, employees, directors, partners, and legal representatives for damages complained of by third parties.
14. Cancellation
The Company may, at any time restrict a user’s use of this website if he or she violates any of these terms and conditions. The Company reserves the right to discontinue offering any product or content at any time. You have the right to discontinue use of this site at any time, either by stopping access to this site or by contacting the company directly at e-mail: info@ogtrading.biz (If you are a tutor, students enrolled in the course prior to cancellation will continue to have access during the scheduled duration of the course).
The Company has no obligation to store any material uploaded by the User beyond the time determined by law.
16. Conditions for repayment of payments
According to the provisions of Article 59 (o) as well as Article 49 (m) of the Consumer Code, as amended by ‘Article 1 (1) of Legislative Decree. February 21, 2014, no. 21, the consumer agrees to waive the right to withdraw from the contract from the moment the download of the purchased content, understood as the performance or playback of the video or other purchased digital content, is made.
The moment when the consumer will execute the digital content will coincide with his or her waiver of the right to withdraw and the right to obtain a refund of the amount previously paid for the purchase.
The consumer may exercise the right of withdrawal, in accordance with Article 52 of the Consumer Code, only in the time period from the payment of the price to the completion of the registration, provided that the digital content has not been performed or reproduced, and in any case no later than 14 days from the time when the registration of his or her personal account was completed.
17. Conditions for refund of deposit
The user is entitled to pay, as a deposit, a sum of money to secure a specific business proposal from among those offered by the company.
In case of subsequent payment of the remaining price by the user, the deposit will be charged against the performance due, in accordance with Article 1385 of the Civil Code.
The amount of the deposit may be 100€, 150€, 200€, 500€.
If the party who gave the deposit does not pay the remaining price related to the purchased product within seven days of depositing the deposit, the company may retain the deposit, which will not be refunded, in accordance with the second paragraph of Article 1385 of the Civil Code.
In case of deposit payment, this will not be returned even in case of withdrawal legitimately exercised by the consumer in the manner provided in Article 15 of these conditions.
18. Electronic communications
You authorize the company to send e-mails that may contain advertising and promotions. You hereby authorize the company to send such e-mails.
The company reserves the right to send notices by e-mail that include updates to the terms and conditions and other important communications necessary for the user.
However, if you wish to stop receiving these e-mail messages, please send an e-mail to info@ogtrading.biz a specific request to be removed from the communication list.
Should the user decide to stop receiving such communications, the user relieves the company of the duty to communicate important updates regarding the purchase made on the site and about the courses purchased by the user.
By accepting these terms and conditions, you agree to receive all communications from the Society electronically.
19. Disclaimer Results
The professional and economic enrichment results achieved in the program are not guaranteed and may vary from user to user depending on various factors independent of each other including commitment, feasibility of the project to be carried out in the program, and application of the guidelines proportioned by the mentors.
Activities and profits from the Internet present risks and are not suitable for everyone. You may not rely on any information presented on the Web site or provided through social media unless you do so with the knowledge that you may lose your investment in full.
We assume no responsibility for any damage or loss resulting from the use of links, information, or opportunities contained on the Web site or within any information disclosed by the owner of this site in any form.
Tutors are not responsible for user achievement under any circumstances
There is no guarantee that any previous achievements or successes related to earnings or income (whether monetary or otherwise, convertible to cash or otherwise) will come true, nor can any previous user’s results be used as an indication of the user’s future success. Any claims or statements regarding earnings or income (whether monetary or otherwise, convertible to cash or not) should not be considered as “average earnings” or “earnings estimates.”
The Company is authorized to publicly share the economic and professional enrichment results achieved by the user who purchased a course and in particular is authorized to include and publish them in course presentations, sales webinars and pages dedicated to course promotion.
In the event that the user publishes, in any site or group or telematic platform, a post containing the results achieved through the use of the course, the Company is authorized to publicly share the post, including through photography of the same then published in other internet pages as well as in presentations, webinars or promotions.
Pursuant to Article 17 of the EU Regulation 2016/679 (GDPR), which we refer to in full, you have the right to obtain from the Company the erasure of personal data concerning you, and the Company has the obligation to erase them if you withdraw the consent on which the processing is based in accordance with Article 6(1)(a) or Article 9(2)(a) of the GDPR and if there is no other legal basis for the processing.
The user also has the right to obtain the deletion of personal data in all other cases provided for in Article 17 of the EU Regulation 2016/679 (GDPR).
20. Validity of general conditions, applicable law and jurisdiction
20.1 These terms and conditions constitute an agreement between the User and the Company. If you and the company have entered into a separate agreement (Additional Agreement”) relating to the use of this site and products, it shall be construed, within the meaning of Article 1231 of the Civil Code, as an ancillary modification of the obligation that does not extinguish the obligations related to these terms and conditions and does not result in their novation
Only in the event of incompatibility between the additional agreement and the terms and conditions set forth in this contract will the additional agreement prevail, resulting in the extinguishment by novation of the dissimilar obligations contained in the terms and conditions, pursuant to Article 1230 of the Civil Code.
20.2 in the event that the unilateral amendment option is exercised, the company will bring to the consumer’s attention, by e-mail communication, the changes made to the general conditions as well as the specific reason justifying the said change, in accordance with the provisions of Article 33, letter m, of the Consumer Code. The communicated changes will take effect seven days after receipt of the e-mail.
20.3 These terms and conditions shall be governed by the laws of the Emirate of Sharjah and the United Arab Emirates and the parties submit to the jurisdiction of the courts of the United Arab Emirates in connection with any disputes arising hereunder.
20.4 In the event that these terms and conditions are entered into by a person not acting as a consumer, the parties submit to the jurisdiction of the courts of the United Arab Emirates in relation to any dispute arising in connection with the services provided
I declare that the clauses in Articles 5, 6, 7, 12, 13, 16 have been specifically reviewed and approved by me.
