These Terms and Conditions governs the Schools’ access to this Site, use of this website, app and the Services mentioned hereunder; By using this website by clicking on to https://findruba.com, the School accepts the Terms and Conditions (“T&Cs”) mentioned hereinafter in full and a contractual relationship is established between you and Ruba Website Design and Management Limited Liability Company (“Ruba” “We”, “us”, “our”, “Platform”, “Site”). If the School disagrees with these Terms and Conditions or any part of these Terms and Conditions, it must not use this website or the services mentioned herein.
WHEREAS the Company offers an online platform (“Platform”) that facilitates the search private schools accredited by the Ministry of Education, Kuwait to be listed on the Company’s website https://findruba.com (“Site”) showcasing school related information including but not limited to their curriculum, facilities at schools, fee related information, etc. in order to help parents make an informed decision about their child’s academic future and apply to the School of their choice.
WHEREAS, the School desires to avail the services (“Services”) of the Company being offered by it through the online Platform in line with the terms and conditions mentioned herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the Parties hereto, the School and the Company covenant and agree as follows:
1. Eligibility For Listing
To be listed on the Platform, following requirements need to be fulfilled:
- School must be a private school;
- School must be accredited by the Ministry of Education, Kuwait;
- School must have all the necessary licenses and government approvals to function;
- School must ensure that all the information to be showcased on their profile page is updated at least every six months, and should be periodically updated as and when there are any changes in the admission guidelines, rules or any other relevant guidelines.
This list of requirements is not exhaustive and the Company shall accept the listing request at its sole discretion and can reject any such request without having the obligation to give any reasons to the School for such rejection.
2. Relationship Between the Parties
No joint venture, partnership, employment or agency relationship exists between the Parties as a result of this Agreement and/or the Services rendered by us.
3. Payment Plan
For the purpose of getting listed on the Platform, Schools shall make a payment of a fee in the following manner:
- Company offers a one-month free trial for getting listed on the Platform for the first time, thereafter Schools must pay an annual fee based on the number of nursery locations they have;
- The Fee mentioned herein is non-refundable;
- We may use various payment processors, third-party platforms, and technologies to deliver our services to you. For payments, please note that your bank, credit card company, or payment processor may levy additional fees and transaction charges. Also in general, there can be occasional glitches in technology or human errors, and if they occur, we shall not be held liable for such issues.
4. Obligations of Schools
- School must ensure that all the information mentioned on their page is updated every six months, however the information must be updated from time to time as and when there is any change or revision in the school’s guidelines or requirements so that parents can select the School of their choice based on the information available;
- Schools must ensure adherence to the standard design and information as provided to School admins;
- Payment plans and any other terms mentioned herein are confidential in nature and the same shall not be disclosed to any third party;
- All the information given on the School’s page shall be true, accurate and not be misleading;
- Any dispute between the parent(s) and the School should be settled amicably and without the obligation of the Company to be made a party to any such dispute;
Schools must submit the requisite documents demanded by the Company to establish their credentials and eligibility to be listed on the Platform. Company can demand to check the originals of any such documents and Schools must show the originals as and when demanded by the Company.
5. Term and Termination
This Agreement shall be effective on the Effective Date and shall continue until terminated by either party upon a written notice of Ninety (90) days.
This Agreement may be terminated by Company upon written notice of Seven (07) days to the School if the School is found to be breaching the terms of this Agreement.
6. Intellectual Property
Unless otherwise stated, other than the trademarks, service marks, trade names, logos, copyright and other intellectual property rights appearing on the School’s page, the Company and/or its licensors own all trademarks, service marks, trade names, logos, copyright and other intellectual property rights (“Intellectual Property”) for all material and content available on the Platform. All such Intellectual Property rights including but not limited to the content, trademarks, copyrights etc. are owned and retained with us or with our affiliates or third parties whose link might be available on this website. School acknowledges that it is only receiving a limited, non-exclusive license to access and use the Services for its own use.
All the content on the Platform is copyrighted content of the Company and intended to be used solely for the usage mentioned herein. You must not:
- Republish material from the Platform;
- Sell, rent, or sub-license material from Platform;
- Reproduce, duplicate or copy material from Platform;
- Redistribute content from Platform;
- Publicly broadcast any content from our Platform; and
- Provide access to our content to anyone else without our prior written permission.
For the purposes of this Agreement, Confidential Information shall include, but not be limited to:
- information concerning the Company's services, including processes, plans, pricing projects and product development, technical memoranda and correspondence that may be in existence or under development;
- information concerning the Company's business, clients, trade secrets, cost information, profits, sales information, accounting and unpublished financial information, business plans, business techniques, supplier/vendor lists and supplier/vendor information and advertising strategies;
- any other information not generally known to the public or any third party which, if misused or disclosed, could reasonably be expected to adversely affect the Company's business.
8. Obligations of Confidentiality
School shall keep confidential all technical, customer, business and financial information relating to the Company's business disclosed by the Company to the School directly or indirectly in writing, orally or by ("Information"). The School shall not, during or after the School’s engagement with the Company (i) disclose any Information directly or indirectly to any person or entity other than an employee or affiliate of the Company, acting in that capacity and for the Company's benefit. These obligations do not apply to Information which has been published or is available generally to the public, except where publication or availability results from the School's acts.
The School represents that the School’s performance of this Agreement does not and shall not conflict with any agreement binding on the School to keep confidential a third party's proprietary information or trade secrets.
9. Service to Others
The Company reserves the right to provide Services to other schools during its engagement with the School and such service is non-exclusive and must not be questioned by the School.
The School agrees to indemnify and hold the Company and its employees, agents, officers and directors harmless against all losses, damages and expenses (including attorneys’ fees) that any of them sustain as a result of any acts or omissions of the School, including but not limited to any breach of any of the provisions of this Agreement, on account of any dispute with the parents, negligence, or violation by the firm and/or its resources of any applicable law or regulation.
The Company’s obligations under these terms are freely assignable or otherwise transferable by it to any third party without the requirement of seeking the School’s prior consent. The School shall be bound by the modified terms (if any) of the assignee unless the School chooses to terminate this Agreement.
In the event of breach or threatened breach by the School of any of the provisions of this Agreement or other additional agreements including but not limited to any foul play, clandestine activity harming the Company or deliberately concealing or misrepresenting any information pertaining to the School, the School agrees that the Company is entitled to a permanent injunction, in addition to and not in limitation of any other rights and remedies available to the Company including but not limited to monetary compensation in order to restrain any such breach by the School or its partners, agents, representatives, servants, employee(s), and/or any and all persons directly or indirectly acting for or with the School.
13. Modifications and Waivers
Any term of this Agreement may be amended or waived only with the written consent of the Parties. No waiver by either of the Parties of any breach by the other party hereto of any condition or provision of this Agreement to be performed by the other party hereto shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by either of the parties in exercising any right, power or privilege hereunder operate as a waiver thereof to preclude any other or further exercise thereof or the exercise of any other such right, power or privilege.
14. Disclaimer of Warranties and Limitation of Liability
The Site and Services are provided on an “as-is” and “as-available” basis. Further, the Company makes no representations or warranties of any kind, express or implied, as to the operation of the Site or accuracy of the information including any information regarding the applicant in the applications received on the Platform. We don’t warrant the accuracy of the Content or information given by Parents to the School.
To the full extent permissible by applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
The Company does not warrant that the Site, its servers, or e-mails sent are free of viruses or other harmful components. The transmission of data or information including that by e-mail or other publicly accessible networks is not fully secure, and is subject to possible loss, interception or alteration while in transit for which the Company does not assume any liability including that of any damage or costs. The Company shall not be liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time on the Site without prior notice. To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content displayed on the Site on account of information provided by the parents; (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site or any product; (iii) any unauthorized access to or use of secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; and/or (v) any bugs, viruses or the like that may be transmitted to or through the Site by any third party.
15. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the Kuwaiti law and shall be subject to jurisdiction of Kuwait.
All notices, consents, waivers and other communications including notices of change of address required or permitted under this Agreement must be in writing and will be deemed to have been given by a party when personally delivered or when sent by certified mail, postage prepaid, electronic communication and addressed to the parties at their addresses mentioned above.