TERMS OF USE

 

Welcome to www.Brocali.co (the “Website”). Brocali.co is a specialized service designed to enhance the experience in medical education, providing users with essential resources. The Website includes a Training Hub and Interactive Live Courses tailored for medical students and postgraduates, aiming to enhance their knowledge, skills, and preparation for board exams. These services are offered by Brocali Ltd. (the “Company”).The Interactive Live Courses and any course material, content, questions, exams, syllabus, curriculum, and other information obtained by you through the Company and/or any of our course instructors (the “Course Material”), will collectively be referred to as the “Service”. The Service may be accessed through our Website.

 

Please carefully read these Terms of Use and indicate your acceptance of them by submitting the registration form. For the avoidance of doubt, these Terms of Use are considered as legal agreement between you the end user (either an individual or a single entity, also referred herein as “you”) and the Company and its affiliates regarding the use of the Website or third-party websites, which includes scripts, algorithms, and online or electronic documentation and may include associated media and printed materials (if any). These Terms of Use also apply to any updates, supplements, web content or Internet-based services, such as remote access. 

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE AND PARTICIPATING IN ANY OF OUR COURSES. BY CLICKING “I AGREE,” ACCESSING THE WEBSITE, OR ENROLLING IN ANY OF OUR COURSES, YOU HEREBY ACCEPT THESE TERMS OF USE AND ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE FOLLOWING TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE AND/OR ACCESS THE WEBSITE.

 

The Company reserves the right, at its sole discretion, to change, modify add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website and the Company’s Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website and access the Service available for purchase.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. 

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Company express prior written consent. You may use the Course Material and Content solely for your personal non-commercial use and as part of the Service.

Your Use of the Website

You must be eighteen years of age or over (18+) to register as a member of the Website or use the Service. You hereby warrant and represent that all personal data you provide is accurate. You are obliged to update such data when it changes.   

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, modify, distribute, transmit, reproduce, publish, license, transfer, copy, monitor, create derivative work from, sell or re-sell any portion of the Website and/or any Content, and/or Course Material and/or the Service or information obtained from or through the Service or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Users are not allowed to make any audio/video recording of any Course session or any part of the Service.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Company server, or to any of the Service offered on or through the Website, by hacking, password "mining" or any other illegitimate means. You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. 

You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other member of Company, including any Company account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company’s systems or networks, or any systems or networks connected to the Website or to Company.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Company on or through the Website or any Service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others.

Purchases

Company developed a training platform that customizes an individual study plan coupled with unique educational Content and learning tools designed to help students & professionals excel in their careers. We provide Services to a diverse community of members. Our pricing structure consists of several different packages as further described below. Please note that we offer you to register for a "Free Trial" granting you a 7-day membership and limited-access to the Course sessions and Course Material during the Course period (the “Free Trial”). 

The Service is only available to users who have enrolled in the Training hub or/and Live Interactive Course and paid the Fees to the Company (the “Enrolled Students”). Enrolled Students are required to provide personal information (such as: name, email address, phone number, university of study, date of birth and occupation. We reserve the right to request additional information to verify your identity).

You may only enroll in the Course through a single user account and may not register through multiple accounts. You must maintain your username and password which are provided to you upon registration for the Course in absolute confidentiality and refrain from disclosing them to others. You are prohibited from transferring your user account on the Course and/or the link we will share with you to the Course sessions, or making them available, in any way, to another person or entity.

Our Service Fees are displayed openly on the Website (including any taxes that may be imposed on your payments) must be paid in full prior to enrolling in any of the Membership Models through PayPal or WU or by wire transfer to our bank account, or in installments, by using your own credit card (as shall be agreed with the Company). You acknowledge that all Interactive Live Courses and videos sessions are conducted mostly in Arabic. The Live Interactive Course is designed to be completed within a maximum period of 12 months comprised of approximately 100 sessions. Sessions schedules are subject to change or cancelation as the Company may notify you in advance.

 

Membership Models

 

The initial offering, known as the Training Hub ("Platform"), grants users access to the Company's content, Questions, Flashcards, Videos, and the interactive classroom. Please be aware that participation in interactive classes and one-on-one coaching sessions incurs an additional charge.

The first package is Titled as Monthly With1 month subscription (“Monthly”) costs $39.99, paid monthly. The second package, titled the 6 months Package, (“6 months”) costs $28.88 per month, paid every 6 months with total of $173.28. The third package titled as 12 months package, (“12 months”) costs $19.99 per month paid yearly with a total of $239.88.

Free Trial is also available for all three packages, granting Users access to all features for seven (7) days.

The second service, titled the Interactive live courses, (“Course”) costs $1799 per course paid on single time payment.With Interactive live courses, users have access to the ALL features of the training hub with 200 credits to use for live interactive lectures held in Arabic, and a 45-minute one-on-one meeting with a Company certified educator. This meeting can be scheduled on the platform’s workspace and recorded for the user’s profile. Users can purchase additional credits for the live interactive lectures held in Arabic for $8 per credit, but no refunds are offered for this additional credit payment. Please note that Free Trial is also available for the courses, granting Users access to all features for (7) days.

 

In the scope of the Courses, you will be entitled to the following services: group lessons via Zoom, recorded sessions, the ability to reschedule or cancel up to 24 hours prior to the session (with no cost). Scheduling takes place within the platform.

 

Auto-Renewal; Automatic Card Payment

Subscriptions are automatically renewed until you terminate or cancel the subscription on the Website. When you purchase a subscription, your payment method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored (at third party venues) and subsequently used for the automatic card payments in accordance with these Terms of Use.

Objections to a payment already made should be directed to Customer Support. You may unconditionally withdraw your consent to automatic card payments at any time before the renewal. If you want to change or terminate your subscription, you will need to log in to your account and follow instructions to terminate or cancel your subscription.

Please be advised that cancelling your subscription to the Company's Services does not terminate or cancel your subscription to the Website; Company will retain all funds charged to your payment method until you terminate or cancel your subscription on Company. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. 

Refunds

Notwithstanding the Israeli Consumer Protection Law, 5741-1981, users shall have the right to cancel their subscription to the Services for 7-days beginning from the date of the confirmation of your enrollment by the Company (not conditional on using the Free Trial).  

In no event will the refund exceed the amount of money the Company received from the User. Once the Course begins, Users may withdraw from the Course, but will not be refunded for the remaining period of the Course. Without derogating from the above, Users who choose to subscribe to Premium shall be entitled to receive refunds for the unused one-on-one meetings, provided, however, that the Company will recalculate the price-per-meeting and charge the User accordingly. Users are responsible for paying all Course Fees, whether or not User participated in the Course and/or accessed or used the Course Material. 

We shall make such refund using the same means of payment as used by the User in the initial transaction. In any case, no fees will be charged to you as a result of the refund.

Privacy

Company Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

In order to be able to provide you the Service and allow you to enroll and participate in the Course, we will obtain, use and disclose certain information about you (the "Data"). The provisions in this Privacy Section sets forth the main principles governing our use of such Data and by enrolling and/or participating in the Course you agree to such use – as follows:

1. When you register for participation in the Course you will need to provide certain Data such as your name and contact details, and information relating to your academic studies (name of an academic institution, year of study, etc.). We will store this Data and use it to contact you, provide you with details of the Service, and otherwise as required during the normal provision of the Service. We may also use the above Data to aggregate user-profiles and, subject to you clicking on the relevant button on the log-in form, provide you with promotional materials and communications. 

2. The Company gathers certain aggregated information about you, including details of your operating system, browser version, domain name, IP address, and the parts of the Website you visit (including, through the use of Cookies). We use the above information and other information such as your User ID, session identifiers, and password to enable us to identify whether you are using the Service, assist with the provision of the Service, and to ensure that you have access to the Service and in order to assist us with improving the Service.

3. We may also use certain statistical information to promote certain features and the Service. This may assist us in building a better Course and improve the efficiency of the Service. 

4. We will not share any of your personal data with any third party, except in the following case (a) to satisfy any applicable law, regulation, or legal process, (b) to protect the rights, property, or personal safety of us, other Enrolled Students or the general public; and (c) to detect, prevent, or otherwise address fraud, security or technical issues.

5. The Company endeavors to take all reasonable steps to protect your Personal Data, but cannot guarantee the security of any Data you disclose to us. You acknowledge and accept the inherent security implications of transacting over the internet and will not hold the Company responsible for any breach of security.

6. The Company reserves the right to change our privacy policy (and the statements in this Section 13) at any time, and we will notify you of any material change in such policy or publish a notice of such change on the Website. Any such change will be effective as of the stated “last update” and your continued participation in the Course or use of the Website will constitute acceptance of, and agreement to be bound by, those changes.

7. If you want to change or update any data we have about you, or if you have any inquiries or suggestions, you may contact us at the following email Info@brocali.org.

Links to Other Sites and to the Website

This Website may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Company control, and Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

COMPANY DOES NOT PROMISE THAT THE WEBSITE, THE COURSE, THE COURSE MATERIAL OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. 

ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY COMPANY SERVICES.  

NO PART OF THE COURSE AND/OR COURSE MATERIAL WILL OR MAY BE DEEMED TO BE MEDICAL ADVICE. ALSO, IF THE COURSE AND/OR THE COURSE MATERIAL OR SESSIONS WILL INCLUDE ANY LINKS TO THIRD-PARTY CONTENT OR WEBSITES, THEN WE DO NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED IN SUCH REFERENCED MATERIAL OR LINKS.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES.

YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

We may terminate your enrollment to the Course with immediate effect if you (a) fail to pay the Fees, when due; (b) act in an aggressive, offensive, threatening, or harassing manner towards any other Student or to the Instructors; (c) cheat or plagiarize any tasks or exam which you are required to complete as part of the Course; (d) are in breach of these Terms of Use.

We will use commercial efforts to have the Service operating properly. However, given that the Service relies on third-party networks, infrastructure, and other software (eg. Zoom), we do not guarantee that the Service will operate in an uninterrupted or error-free manner, or that they will always be available, free from errors or omissions, malfunctions, or failures, including, but not limited to, hardware failures, software failures, and communication failures and such incidents as outlined in this paragraph will not be considered a breach of these Terms of Use. 

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Proprietary Rights

The Website, the Services, and the Course Material are proprietary products of Company, protected under copyright laws, trademarks, and other intellectual property rights of general applicability. All rights, title, and interest, including copyrights, trademarks, trade names, trade secrets, and other intellectual property rights, and any goodwill associated therewith, in and to the Website, the Course, and the Course Material, including learning material, articles, audio files, questions, explanations, graphic design, layout, and the user interfaces, and all derivatives, improvements, and variations thereof, are and will remain at all times, exclusively owned by, or licensed, to the Company. Other than the limited use rights expressly granted herein, no other right, title, interest, or license in or to any of the foregoing elements regarding the Course and the Course Material, are granted, sold, transferred, assigned, or shared with you. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Indemnity

You agree to indemnify and hold Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Company by any third party due to or arising out of or in connection with your use of the Website.

Violation of these Terms of Use

Company may disclose any information it has about you (including your identity) if Company determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Company rights or property, or the rights or property of other members or users of the Website.

Company reserves the right at all times to disclose any information that Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. Company also may disclose your information when Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Company may preserve any transmittal or communication by you with Company through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or Company determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Company, its employees, users of or visitors to the Website, and the public.

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website and the Services if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity.

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

If Company does take any legal action against you as a result of your violation of these Terms of Use, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Company. You agree that Company will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.

Further, you understand and agree that Company has the absolute right, but not the obligation, to review and delete any content, data, scripts, messages, photos, or profiles that in the sole judgment of Company violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, or threaten the safety of other members. For the avoidance of doubt, all profiles and photos are subject to review prior to posting by our customer service team. Company will not post any profiles or photos that may violate these Terms of Use.

Governing Law

These Terms of Use are constituting the entire agreement between you and Company with regard to your connection with the Course, the website, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. You must abide by all applicable laws as you use the Service. You further agree that you are solely responsible for all acts and omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf (even if not permitted by the Company). You are responsible for and will indemnify and hold the Company harmless from and against any and all liability, claims, and losses resulting from your actions in connection with participating in the Course and your breach of any provisions of the Terms.

 

Except for members residing in the EU or European Economic Area who may bring claims in their country of residence in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to these Terms of Use or to your relationship with Company will be litigated exclusively in by the Laws of the State of Israel, and any dispute arising from, or in relation with these Terms of Use, shall be subject to the exclusive jurisdiction of the competent courts of Tel-Aviv, and each of the parties hereby irrevocably submits to the jurisdiction of such jurisdiction. 

 

Notwithstanding the above, the Company shall have the right to seek injunctive relief in your jurisdiction or any other jurisdiction. If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or any part thereof, or the right thereafter to enforce every provision. You may not assign these Terms or any of your rights or obligations hereunder, without our prior written consent. Any purported assignment without our prior written consent is void. The Terms shall not be amended, modified, varied, or supplemented except in writing and signed by duly authorized representatives of the Company.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. 

Other than as provided in a purchase agreement you enter with Company, Company will not accept any counteroffers to these Terms of Use, and all such offers are hereby categorically rejected. Company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. 

Company provides access to Company international data and, therefore, may contain references or cross references to Company products, programs and services that are not announced in your country. Such reference does not imply that Company in your country intends to announce such products, programs, or services.

Language

The parties hereto confirm their express wish that this Agreement, as well as all other documents related hereto, including notices, be drawn up in the English language only and declare themselves satisfied therewith.