Terms of Use for Pelvicademy
These Terms of Use (“Terms”) were last updated on September __, 2020.
Pelvicademy’s mission is to improve skills of practitioners from various disciplines in the Field (as defined below) through learning. We operate an online content and learning platform in the field of multidisciplinary pelvic knowledge, research and exploration (the “Field“), by creating and sharing online professional knowledge in the Field for our students, including courses (with our instructors), presentations, articles, podcasts, etc., for learning and specializing in the Field (“Online Knowledge”). For this purpose, we need rules to keep our platform and services safe for you, us and our student and instructor community. These Terms apply to all your activities on the Pelvicademy website and other related digital services (“Services”).
We also provide details regarding our processing of personal data of our students and instructors in our Privacy Policy.
By agreeing to these Terms, you agree to resolve disputes with Pelvicademy through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
1. ACCOUNTS
You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in your country to use Pelvicademy.
You need an account for most activities on our platform, including to purchase and/or to enroll an Online Knowledge. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.
If you share your account login credential with someone else, you are responsible for what happens with your account and Pelvicademy will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.
Students and instructors must be at least 18 years of age to create an account on Pelvicademy and use the Services. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 13 in the US or in Israel), we will terminate your account.
You can terminate your account at any time by contacting our Support Team. Check our Privacy Policy to see what happens when you terminate your account.
2. ONLINE KNOWLEDGE ENROLLMENT
When you enroll in a Online Knowledge, you get a license from us to view it via the Pelvicademy Services and no other use. Don’t try to transfer or resell Online Knowledge in any way. We grant you a lifetime access license, except when we must disable an Online Knowledge because of legal or policy reasons.
When we publish an Online Knowledge on Pelvicademy, our instructors grant Pelvicademy a license to offer a license to the Online Knowledge to students. This means that we have the right to sublicense the Online Knowledge to the students who enroll such Online Knowledge. As a student, when you enroll Online Knowledge, whether it’s a free or paid, you are getting from Pelvicademy a license to view such Online Knowledge via Pelvicademy’s platform and Services, and Pelvicademy is the licensor of record. Online Knowledge is licensed, and not sold, to you. This license does not give you any right to resell the Online Knowledge in any manner (including by sharing account information with a purchaser or illegally downloading such Online Knowledge and sharing it on torrent sites).
In legal language, more complete terms, Pelvicademy grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the Online Knowledge and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular Online Knowledge or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any Online Knowledge unless we give you explicit permission to do so in a written agreement signed by a Pelvicademy authorized representative. This also applies to content you can access via any of our APIs.
We reserve the right to revoke any license to access and use Online Knowledge at any point in time in the event where we decide or are obligated to disable access to an Online Knowledge due to legal or policy reasons, for example, if the Online Knowledge you enrolled in is the object of a copyright complaint.
Instructors may not grant licenses to Online Knowledge to student directly and any such direct license shall be null and void and a violation of these Terms.
3. PAYMENTS, CREDITS, AND REFUNDS
When you make a payment, you agree to use a valid payment method. If you aren’t happy with your purchased Online Knowledge, Pelvicademy offers a 14-day refund or credit for most Online Knowledge purchases.
3.1 PRICING
The prices of Online Knowledge on Pelvicademy are determined by Pelvicademy under agreement with the instructors.
We regularly run promotions and sales for our Online Knowledge and certain Online Knowledge is only available at discounted prices for a set period of time. The price applicable to a specific Online Knowledge will be the price at the time you complete your purchase of the Online Knowledge (at checkout). Any price offered for a particular Online Knowledge may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only.
If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. In certain countries, the price you see may include such taxes.
3.2 PAYMENTS
You agree to pay the fees for Online Knowledge that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. Pelvicademy works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the Online Knowledge you are enrolling in, you agree to pay us the corresponding fees within fourteen (14) days of notification from us. We reserve the right to disable access to any Online Knowledge for which we have not received adequate payments.
In some cases, we may issue credits to your account. These credits will be automatically applied towards your next Online Knowledge purchase on our website. Credits may expire if not used within the specified period, and have no cash value.
3.3 REFUNDS AND CREDITS
If the Online Knowledge you purchased is not what you were expecting, you can request, within 14 days of your purchase of the Online Knowledge, that Pelvicademy credit/refund your account. We reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners or the platform from which you purchased your Online Knowledge. No credit or refund is due to you if you request it after the 14-day guarantee time limit has passed.
To request a credit/refund, contact our Support Team.
At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to an Online Knowledge due to your violation of these Terms, you will not be eligible to receive any credit or refund.
4. CONTENT AND BEHAVIOR RULES
You can only use Pelvicademy for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts and other content you upload in line with the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
The Services may enable you to ask questions to the instructors of Online Knowledge you are enrolled in, and to post reviews. For certain Online Knowledge, the instructor may invite you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.
If we are put on notice that your post or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. Pelvicademy complies with copyright laws.
Pelvicademy has discretion in enforcing these Terms.
We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
5. PELVICADEMY’S RIGHTS TO CONTENT YOU POST
You retain ownership of content you post to our platform. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.
The content you post as a student remains yours. By posting any content, you allow Pelvicademy to reuse and share it but you do not lose any ownership rights you may have over your content.
When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Pelvicademy to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Pelvicademy for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
6. USING PELVICADEMY AT YOUR OWN RISK
Anyone can use Pelvicademy to create and publish content and we enable instructors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use Pelvicademy at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Pelvicademy has no responsibility to keep such content from you and no liability for your access or enrollment in any Online Knowledge, to the extent permissible under applicable law. This also applies to any Online Knowledge relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of Online Knowledge, and by enrolling in such Online Knowledge, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrollment in an Online Knowledge.
When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. We do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
7. PELVICADEMY’S RIGHTS
We own the Pelvicademy platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.
All right, title, and interest in and to the Pelvicademy platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by students) are and will remain the exclusive property of Pelvicademy and its licensors. Our platforms and services are protected by copyright, trademark, and other laws. Nothing gives you a right to use the Pelvicademy name or any of the Pelvicademy trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Pelvicademy or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the Pelvicademy platform and Services:
8. MISCELLANEOUS LEGAL TERMS
These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
8.1 BINDING AGREEMENT
You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with Pelvicademy. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
By accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (Online Knowledge Enrollment), 5 (Pelvicademy’s Rights to Content You Post), 6 (Using Pelvicademy at Your Own Risk), 7 (Pelvicademy’s Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).
8.2 DISCLAIMERS
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their Online Knowledge. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Pelvicademy or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
8.3 LIMITATION OF LIABILITY
There are risks inherent into using our Services, for example, if you enroll in a health and wellness Online Knowledge and you injure someone else or yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the lower of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
8.4 INDEMNIFICATION
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Pelvicademy, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
8.5 NOTICES
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to Pelvicademy@gmail.com.
8.6 RELATIONSHIP BETWEEN US
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
8.7 NO ASSIGNMENT
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confer any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
9. DISPUTE RESOLUTION
9.1 Dispute Resolution; Arbitration
In the event of any controversy or claim arising out of or relating to these Terms, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of sixty (60) days, any unresolved controversy or claim arising out of or relating to these Terms shall proceed to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party, and a third selected by the first two. Arbitration will take place in one of the following cities as mutually agreed between the parties: Haifa (Israel) or Tel Aviv (Israel). If the parties are unable to agree to one of these cities, then the arbitration shall proceed in Haifa. All negotiations and arbitration proceedings pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be Hebrew.
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
9.2 GOVERNING LAW; JURISDICTION
These Terms will be governed by and construed in accordance with the applicable laws of the State of Israel, without reference to its choice or conflicts of law principles. Each party irrevocably agrees that any legal action, suit or proceeding that is not otherwise subject to the arbitration provisions of Section 9.1 (Dispute Resolution; Arbitration) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of the court in Haifa, Israel, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the court in Haifa, Israel, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party.
9.3 INJUNCTIVE RELIEF; ENFORCEMENT
Notwithstanding the provisions of Section 9.1 (Dispute Resolution; Arbitration), nothing in these Terms shall prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
9.4 EXCLUSION OF UN CONVENTION AND UCITA
The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms. The Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms regardless of when or where adopted.
10. UPDATING THESE TERMS
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Pelvicademy reserves the right to modify and/or make changes to these Terms at any time in its sole discretion. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services or lack of response after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
11. HOW TO CONTACT US
The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.
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Hebrew