Terms of Use

Terms of Use

Welcome to GoLearning (the “Application”, “GoLearning”), operated by Emirates Telecommunications Group Company P.J.S.C “e&”, a company duly established under the laws of the United Arab Emirates by virtue of Federal Decree No. 78 of 1976 having its head office at the intersection of Sheikh Zayed 1st Street and Sheikh Rashid Bin Saeed Al Maktoum Road, P.O. Box 3838, Abu Dhabi, United Arab Emirates (“we,” “us”, “our” or “e&”).

These Terms of Use (“Terms”) govern your access and use of the GoLearning Application, GoLearning Website, and our related services, applications, products and content (collectively the “Services”). Thank you for using our services. Now, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

1. Acceptance of these Terms

By accessing the GoLearning and using the Services, you confirm your agreement to these Terms and conditions. If you do not agree with any of the terms and conditions below, do not access or use the GoLearning or the Services. e& reserves the right to modify, amend, alter or update these terms and conditions at any time from time to time as it deems fit which modification, amendments, alternations or updates shall automatically be binding on you.

By using the Services, you also consent to the terms of the Privacy Policy, which, together with the Terms, form your agreement with e&(“Agreement”) in relation to the use of the GoLearning and/or the Services.

2. Changes to the Terms

e& may modify and/or make changes to these Terms at any time by posting the updated version to the GoLearning or, in the case of any material change, by notification to you or by posting a notice through the Services. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of the Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

3. Who Can Use the Services

Users under the age of (16) are not allowed to create an account or use the Services. If you are under the age of (16) you may only use the Services with the prior consent of your parent or legal guardian. Please make sure your parent or legal guardian has read these Terms carefully and discussed them with you prior to using the Services.

If you are using the Services on behalf of a business or legal entity, you confirm that you are authorized to bind that business or legal entity to these Terms and agree to these Terms on behalf of that business or legal entity.

Reference in these Terms to “you” are references to you as an individual or a legal entity, as the case may be.

4. Licence

GoLearning hereby grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the GoLearning Application and GoLearning Website, and access and use the Services, solely for your personal non-commercial purposes strictly in accordance with the terms of this Agreement. e& reserves all rights not expressly granted herein in the Services and the GoLearning content. You acknowledge and agree that e& may terminate this license at any time, for any reason or no reason, without any liability on e&.

5. User Account

In order to access the Services, you must register for an account (“Account”). You agree that the information provided by you for the purposes of account registration is accurate and will be kept accurate, complete, and up to date, at all times. You are solely responsible for maintaining the confidentiality of your Account, password and login details. You agree that you are solely responsible for all activities that occur under your account.

e& reserves the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your Account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.

If you have any concerns about your login details or think they have been misused, you should contact us at support@golearning.ae straight away to let us know.

6. Use of the Application

These Terms governs your use of the Services. You will not use the Services for any purpose that is unlawful or prohibited, or otherwise not intended by e&, including, by way of example, and not as limitation:

  • a. in any way that is false, inaccurate, or misleading;
  • b. in any way that is disruptive;
  • c. to attempt to restrict another user from using or enjoying the GoLearning or to encourage or facilitate violations of these Terms or the GoLearning Privacy Policy;
  • d. to post or transmit, or cause to be posted or transmitted, any content on the GoLearning that is prohibited, illegal, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
  • e. for any unlawful purposes or in any fashion that is not permitted under applicable laws;
  • f. to reverse engineer, decompile, or disassemble the GoLearning;
  • g. to introduce or permit the introduction of any computer code, file, or program that may damage the Services or e&’s network and information systems.

You shall not:

  • a. use the service for commercial purposes.
  • b. copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means; 
  • c. de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; 
  • d. access all or any part of the Services in order to build a product or service which competes with the Services; 
  • e. use the Services to provide services to third parties; 
  • f. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party; or
  • g. attempt to obtain, or assist third parties in obtaining, access to the Services other than as provided under this section 

e& reserves the right, without liability or prejudice to its other rights, at any time and without prior notice, to disable your Account or remove your access to any content and/or remove content provided by you, for any reason or no reason. 

7. Proprietary Rights

All Intellectual Property Rights in or in relation to the Application, the Services, and any features thereof are owned and shall vest in GoLearning (“GoLearning IP”).

Any Intellectual Property Rights provided by third parties, in relation to the Applications, the Services, and any features thereof, are owned and shall remain vested in those third parties, respectively.

Except for the right to access the Application and use the Services and any features in accordance with these Terms, you shall not acquire any right, title or interest in or in relation to any GoLearning IP. Even if terms such as “Purchase”, “Sales,” and the like appear on screen in respect of certain Services or features of the Application, e& shall remain the owner of its Intellectual Property Rights and other rights in or in relation to such Services, features and the content of the Application.

Any Services provided via the Application, is subject to each third party’s terms of use and licence requirements. It is your responsibility to review these terms of use that apply for licence and usage terms. If third party content contains GoLearning’s IP, including any e& marks or copyright, you are not permitted to publish, display, distribute or use these marks and copyright for any purpose.

For the purpose of this clause, Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights (including future copyright and design right), moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights in know-how and trade secrets, and all other intellectual property, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

For the purpose of this clause, Deliverables means any Documentation, media content, graphic, customized/configured Software, recommendation, report, study, advice, third Supplier Software, service, Work, or tools which are provided, developed or created by the Supplier under the terms of this agreement.

8. User Content

Certain features of the Services may permit you to upload content to the Services, including messages, reviews, data, text, photos, images and other types of material (“User Content”). By providing User Content to or via the Services, you grant e& a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, reproduce, in whole or in part the User Content for the purpose of providing the Services. You represent and warrant to e& that you are the owner of User Content or have the necessary licenses, rights, consents and permissions to authorize e& to use User Content as set out in these Terms, and that the use of the User Content as contemplated in these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including intellectual property rights; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) violate any law or regulation; and (iv) is not otherwise objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

9. Third Party Providers and Linked Applications

The GoLearning may contain links to other independent third-party sites (“Linked Sites”) and certain Services may display, include or make available content, data, information, applications, features or materials from third parties (“Third-Party Materials”). These are provided as a convenience to you. If you use any Third-Party Materials made available through our Services (including Services we jointly offer with the third party) or access any Linked Sites, each party’s terms will govern the respective party’s relationship with you. e& makes no representation or warranty and shall have no liability in relation to the content or your use of any such Linked Sites or their terms. We may remove any Linked Sites from the GoLearning at any time.

10. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges.

Some mobile network operators may prohibit or restrict the use of the Application functionality and may also impose additional fees, or other charges in connection with the service. You agree to the same and to abide by your network operators’ restrictions. GoLearning and e& will not be held liable for any charges, fees or liability imposed by your network operator/carrier for use of the Application over mobile/cellular data.

11. Payment and Charges

Some features and Services on the GoLearning may be subject to payments and charges. We accept payments online using Visa and MasterCard credit/debit cards, e& Money (formerly known as eWallet), Smiles and Direct Carrier Billing in UAE Dirhams (AED), or any currency otherwise agreed.

When you make a purchase within the GoLearning and/or website, we may use third-party payment providers. Your purchase is also subject to the terms of those providers (including with respect to payment terms, refunds, etc.). You should read such applicable terms before you decide to complete the purchase.

Except as provided by law or set forth in these Terms, all purchases are final and non-refundable.

12. Special Offers

We may, from time to time, offer special promotional offers, which may include different terms and conditions. We reserve the right to change, cancel and/or restrict these promotional offers at our sole discretion and at any time. Additional or specific terms may apply to such promotional offers and will be disclosed prior to making purchase(s) based on such promotion(s).

13. Additional Terms for Specific Services

 Smiles on GoLearning:

  • a. If you are residing in UAE, GoLearning will pre-enroll you for a Smiles account if you are not already enrolled.
  • b. If you wish to proceed with using the Smiles feature, you can complete your Smiles account registration from the Smiles application at your convenience.
  • c. If you already have an active Smiles account then your Smiles account information will get synced with the Application, in order to let you utilize the Smiles features on the Application.

14. Advertisements & Communication

GoLearning reserves the right to post advertisements for GoLearning or a third party on the Application. You acknowledge that GoLearning is not responsible for the accuracy, authenticity and completeness of any advertising material posted, not for any errors or omissions in any advertisement material posted on the Application.

By creating a user account, you agree to receiving newsletters, marketing and promotional materials and other information we may send you. You may opt out of receiving any marketing material at any time by contacting us at: support@golearning.ae.

15. Suspension, Amendment and Cancellation

e& may, at any time, without liability and without prejudice to any of its rights and remedies, limit, suspend, withdraw or change your access to the GoLearning or some parts of the GoLearning and/or to the Services, cancel any Services or features, at e&’s sole discretion, with or without prior notice to you.

16. Term and Termination

This Agreement shall remain in effect until terminated by you or GoLearning as follows:

a. GoLearning shall, at its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

b. GoLearning may terminate this Agreement immediately, without prior notice, in the event that you fail to comply with any provision of this Agreement.

c. You may terminate this Agreement by deleting the Application and all copies thereof from your mobile device or desktop.

d. Upon the termination of this Agreement whosoever occurs, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

e. GoLearning reserves its right to terminate or deactivate your account if your GoLearning account remains inactive or not accessed for a period of more than sixty (60) days. Once your GoLearning Account has been terminated, your account will be removed from our systems.

17. Data Protection

e& will collect, store and process any personal data provided by you required for the provision of the Services, in accordance with applicable laws and the e& Privacy Policy available at [Privacy Policy link]. By accessing the GoLearning and using the Services, you consent to all actions taken by e& in connection with the processing of your personal data provided by you.

18. Indemnification

You  agree to defend, indemnify, and hold harmless e& and its affiliates,  subsidiaries, group companies, officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from: (a) your access and use of the Services; (b) any User Content that you post or submit, including infringement claims related to your content; (c) your violation of these Terms or any applicable law or regulation; and (d) your negligence or wilful misconduct.

19. Disclaimers

The GoLearning and the Services are provided on “as is” and “as available” basis and with no representations or warranties of any kind (whether express, implied, or statutory), including without limitation, any warranty or condition of merchantability, fitness for a particular purpose, non-infringement, title, satisfactory quality or accuracy. Without limiting the foregoing, e& does not warrant that (a) the GoLearning or the Services will meet your requirements or expectations or achieve the intended purposes, (b) the GoLearning or the Services will be uninterrupted, timely, secure or error-free, (c) the information or content obtained through the GoLearning or the Services will be accurate, complete, current, reliable or error- free, or (d) that defects in or on the GoLearning or content will be corrected. To the fullest extent permissible by applicable law, e& disclaims any and all implied warranties. To the fullest extent permitted by law, neither e&, nor any of its subsidiaries, affiliates and group companies take responsibility or assume liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, views, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which e&, nor any of its subsidiaries, affiliates and group companies will be responsible for. You expressly acknowledge and agree that your use of the GoLearning and the Services, any content available on the GoLearning and the Services is at your sole risk and responsibility.

20. Limitation of Liability

To the fullest extent permitted by law, in no event will e&, its subsidiaries, affiliates, group companies, any of their officers, directors, agents, employees, assignees, be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities), whether arising in contract, warranty, tort, product liability, or otherwise, and even if e&’s been advised of the possibility of damages in advance.

Nothing in these Terms shall exclude or limit e&’s liability for: (a) death or personal injury arising from their own respective intent or negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability to the extent that such liability may not be excluded or limited as a matter of law.

21. Notices

Any notice which may be required to be given to us under these Terms may be sent to us by writing or emailing to the following address: support@golearning.ae.

22. Entire Agreement

These Terms and any orders or documents referred to herein contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between you and e& in relation to the subject matter of these Terms.

23. Severability

In the event of any one or more provisions of these Terms are or become invalid or unenforceable, it shall be amended to the minimum extent necessary or deleted, but shall not affect the validity and enforceability of the rest of this Agreement.

24. Assignment of the Agreement

You have no right to assign your rights or obligations under these Terms in whole or in part without the prior written consent of e&.

e& may, at its sole discretion and without your prior written consent, assign or transfer the Agreement and any or all of its rights and obligations under the Agreement to any subsidiary, affiliate, sister or group company of e&, which entity shall assume all rights, obligations and liabilities of e& and observe and perform all of the obligations of e& under the Agreement as if it were the original party. Such transfer may take place upon e& providing written notice to you, without the need to take any further consent from you (which is hereby deemed given) or the need to enter into further agreements. You explicitly agree and confirm that the notice will be deemed validly served and delivered to you and effective by the publication of the notice on the main website of e& or communicated to you by any other means that are deemed appropriate by e&.

25. Law and Jurisdiction

These Terms and any dispute or claim arising out of, or in connection, with them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws in force in the United Arab Emirates. The courts of Abu Dhabi in the United Arab Emirates shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms and conditions, its subject matter or formation (including non-contractual disputes or claims).

25. Contact Us

Please send your feedback, comments, requests for technical support, questions about these Terms or Privacy Policy by email to: support@golearning.ae.