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T&C – Between Advisor and Platform
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the co-kes.com website (“Website”), “CO-KES” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you ( “Advisor”, “you” or “your”) and CO-KES FZ CO (“CO-KES FZ CO”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that the scope of CO-KES FZ CO is a platform to provide services to you through third party Advisors registered with CO-KES FZ CO. You acknowledge that this Agreement is a contract between you and CO-KES FZ CO, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
Definitions
- Consultation – Online session where advisor conducts with customer through the Website or Mobile Application.
- Information – Guidance, knowledge sharing, advice, data source, personal experience, etc given by the Advisor
- Customer – a registered person that uses the Website or the Mobile Application to engage in consultations with advisor.
- Advisor – Advisor is a person who provides consultation or advising services, sharing knowledge, experience and skills on the Website or the Mobile Application.
- Guest – a person that uses the Website or Mobile Application with a limited functionality.
- User – a person who use the service in order to gain knowledge, experience and skills
Accounts and membership
You must be at least 18 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
User content
We do not own any data, information or material (collectively, “Content”) that you submit in the Website and the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content in the Website and the Mobile Application submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Advisor Terms
The Website and the Mobile Application provides a platform for advisors in different types of fields to present themselves to the users.
The Advisor may advertise the Website or the Mobile Application in order to promote its services to potential customers at his/her own cost.
The Website or Mobile Application reserve the rights to use the Advisor information for the purpose of marketing and advertisement.
The Advisor agrees to provide information that is true and accurate.
The Advisor agrees to conduct the Consultation through a video call with a camera turned on.
The Advisor agrees to be advertised as a member of the Website and the Mobile Application through marketing channels and social media platforms.
All advisors who are not qualified must obtain relevant industry qualification within a period of one month. Failing to abide to those rules will result in removing the advisor from the Website and the Mobile Application.
The price of the session needs to be determined by Advisor, CO-KES is not responsible for the session price.
Should an Advisor receive a bad feedback less than 2 stars by the user, the full refund amount shall be refunded to the user.
The Website and the Mobile Application holds no liability over any information provided by Advisors.
Advisors are not allowed to receive payments directly from users that are connected to Advisors through The Website and the Mobile Application.
Advisors shall create available timing for the consultations for the users of the Website and the Mobile Application.
The consultation session may be booked only when the consultation is purchased by the user.
The Website and the Mobile Application will receive the payments for the Consultation sessions directly from the user through the payment gateway on the Website and the Mobile Application.
CO-KES FZ CO will keep 20% of the gross value of every consultation completed by the Advisor for itself including the bank transfer and any additional fees, while CO-KES FZ CO shall pay the remaining amount to the Advisor.
Advisor will receive payment to his/her account provided to CO-KES FZ CO and registered on the Website and the Mobile Application or via other channels represented as legal channel of payment for an Advisor with CO-KES FZ CO for example: Al Ansari Exchange in UAE or online payment gateways such as Stripe, Wise, PayPal etc.
Payment for the session will be done every 30th day of the month (with exception of the February when it will be done on 28th) to the account provided by the Advisor to CO-KES FZ CO.
Advisor will receive payment only for conducted sessions and for the late cancellation sessions, except in the cases where an Advisor’s fault may occur. CO-KES FZ CO reserves the rights to determine whether the uncompleted session is a fault of an Advisor or user and may decide to pay for session or not.
Advisor is obliged to be at the booked session on the Website or the Mobile Application at least 15 minutes prior the session start. In case where an Advisor will be late, he/she shall inform the user in advance by using the notification system through The Website or the Mobile Application.
The Advisor shall not directly communicate with the users other than the ways provided on the Website and the Mobile Application, and while conducting a session.
Should the Advisor need any additional assistance and in case of emergency, he/she must contact the admin support of CO-KES FZ CO.
The user has a right to cancel and/or rebook the consultation at least Twenty-Four hours prior to consultation time without any penalty. In cases if the user fails to cancel and/or rebook the consultation during the Twenty-Four hours limitations, the Advisor shall receive a full fee minus the commission for the Website and the Mobile Application just as in cases when the session is complete.
If the Advisor is late for the session, he/she must extend the session for the exact same amount of time.
If the user is late for the booked training session by his/her own fault and the session starts later than booked timing, the advisor does not have to extend the consultation for lost time.
Advisor must remain online for the entire length of the session that is booked even if the user does not show up. In case of no show, the advisor must inform the admin by sending the email, 15 minutes after the session was supposed to start.
Advisor must report all the irregularities by sending an email to admin clearly stating his/her name; customers name, date and time of the session start, and the reason for reporting an issue.
In case where the advisor is late for the session, he/she must inform the user by sending notification through the Website or the Mobile Application.
Advisor must not be late for more than ten minutes.
In case of emergency the advisor must inform the user at least fifteen minutes prior to the session start that he/she has an emergency to attend by sending a notification through the Website or the Mobile Application so the user can be eligible to rebook the consultation.
When the advisor is not able to conduct the session by his fault and in cases of emergency and unforeseen circumstances by any party influence or none, he/she shall not receive any payment for that training session.
The advisor has a right for one emergency cancellation and one additional mistake for not conducting the booked session in a month. Any session that has not been conducted outside of that allowance will be considered as fault and CO-KES FZ CO has the rights to remove the advisor form the Website or the Mobile Application.
In cases of repeated lateness, unprofessional conduct, continuous complaint by same or different users about the same or different matters, CO-KES FZ CO reserves the right to remove the Advisor from the Website or the Mobile Application temporarily or permanently.
It is CO-KES FZ CO’s discretion what actions will CO-KES FZ CO take against the Advisor in any matter described previously or not covered previously.
In cases where the Advisor fails to follow procedures, he/she will receive one warning.
In case of repeated failure, he/she will be completely removed from the Website or the Mobile Application.
CO-KES FZ CO reserves the rights to remove an Advisor from the Website or the Mobile Application at any time at its own discretion.
The Advisor holds responsibility and liability with regards to any relationship with the user but not CO-KES FZ CO.
If anything happens between an Advisor and user during the session, prior or after, it is the Advisor who must take action privately against the user as the CO-KES FZ CO hold no liability in such cases.
VAT and Taxes
CO-KES FZ CO reserves the right to charge VAT (as may be stipulated under UAE law), including without limitation, with respect to any fees payable by Users from time to time in relation to the Services.
Income tax shall be the responsibility of the Advisors as per the country regulations in which he/she resides. CO-KES shall not hold responsible for any income taxes by the Advisor.
Accuracy of information
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
Third party services
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services.
You irrevocably waive any claim against CO-KES FZ CO with respect to such other services. CO-KES FZ CO is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting CO-KES FZ CO to disclose your data as necessary to facilitate the use or enablement of such other service.
Uptime guarantee
We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
Links to other resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be “affiliate links”. This means if you click on the link and purchase an item, CO-KES FZ CO will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources.
We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
Advertisements
During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet; (k) to record the video calls or sessions yourself; (l) to contact or connect with the users through any channel or platform other than the Website and the Mobile Application. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by CO-KES FZ CO or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with CO-KES FZ CO.
All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of CO-KES FZ CO or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of CO-KES FZ CO or third party trademarks. CO-KES FZ CO reserve the rights to store the recorded video sessions on their servers for quality assurance.
Non-Circumvention
The Advisor have attempted to limit the non-circumvention provision so that it applies only to the extent necessary to protect legitimate business and property interests.
The Advisor should safeguard and keep all information from the Website and the Mobile Application confidential and should not be disclosed to any other person or entity.
The Advisor shall not use the Website and the Mobile Application information for any purpose other than those related to the services.
The Advisor agrees not to contact the user provided from the Website and the Mobile Application outside the Website and the Mobile Application and the Advisor agrees to discard any request for services from users connected via the Website and Mobile application, outside the Website and the Mobile Application.
No contact and personal information other than what is shared in the Website and the Mobile Application shall be shared with any Advisor provided from the Website and the Mobile Application.
Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will CO-KES FZ CO, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, CV, personal information, bank account information, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of CO-KES FZ CO and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one United Arab Emirates Dirham prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. CO-KES FZ CO also shall not be liable to any issues between the Advisor and the User that would arise during, before or after the sessions.
Indemnification
You agree to indemnify and hold CO-KES FZ CO and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of United Arab Emirates without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United Arab Emirates. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in United Arab Emirates, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
This document was last updated on November 20, 2022
