TermsJune 14, 2021 2021-10-19 12:15
Using our Services
- You may use our Services if you can form a binding contract with Epsychonline and only agree with these Terms and all applicable laws. When you create your Epsychonline account and use any Services, you must provide accurate and whole data, including a valid email address. In addition, you agree to update your data regularly and to keep it accurate and complete.
- Any use by someone under the age of 12 is forbidden. In addition, certain areas may have additional limitations based on the age and location of the user.
Our License to Users
- We seek to give users access to high-quality content; however, unexpected events do occur. Epsychonline reserves the right to cancel, suspend, reschedule, or modify any content, or change the weight of any quiz. Content is subject to the Disclaimers and Limitation of Liability as discussed in the Terms.
- The Services enable you to upload your content, including by not limited to quizzes, submissions and the like (“User Content”), with Epsychonline. You are responsible for User Content you create and upload. User Content does not include course content made available on the Epsychonline platform.
How Epsychonline and Other Parties may use User Content
- The entirety and from the moment when you provide User Content, you grant Epsychonline a fully-transferable, royalty-free, permanent, sublicensable, non-exclusive, worldwide license to copy, alter, create secondary works based on and otherwise use the User Content. Nothing in these Terms shall limit other legal rights Epsychonline has to User Content, for example, under additional licenses. We hold the right to alter, modify or remove User Content for any reason.
Comments and Feedback
- We welcome your feedback and comments regarding the Services (“Feedback”). When you submit any Feedback, you grant us the right to use the Feedback without any restriction or any benefit to you. In addition, by accepting your Feedback, Epsychonline does not waive any rights to use similar or related Feedback previously known to Epsychonline, developed by our team, contractors, or obtained from other parties.
- We are careful about the security of our users. We aim to protect the security of your account and information. However, Epsychonline cannot guarantee that unauthorized third parties will not be able to overcome our security measures. Please immediately notify us of any compromise or unauthorized access of your account by emailing [email protected].
Other Party’s Content
- By using our Services, you will have access links to websites and services maintained by third parties. Epsychonline cannot guarantee that such third-party content will be free of material you may find objectionable or otherwise inappropriate. In addition that the content will be free of malware or other components that may be harmful to your computer, mobile device, or any software therein. Epsychonline disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content.
Paid Services from Epsychonline
- Epsychonline provides a paid Services for a fee. All fees are listed in U.S. Dollars, unless otherwise states. You are responsible for paying the entire fees charged by or for Epsychonline and appropriate taxes on time. You will have to use a provided payment tool associated with the applicable paid Services. If your payment fails for whatever reason or your account is past due, we may obtain fees using other collection mechanisms. Fees may alter based on your location and other factors. Epsychonline reserves the right to modify any fees at any point in time and its discretion. Any modification is effective immediately upon posting through the relevant Services. Refunds are not possible for any service or services purchased.
- At Epsychonline, we are committed to providing better services, and records from your participation in courses may be used to facilitate this. As a result, you may be supplied with variations in the content. Findings will typically be reported at the sum level. The data will be anonymized. Your identity will not be publicly disclosed in any results without your consent.
Modifying or ending our Services
- We are frequently updating and improving our Services. We may add, modify or remove functions, features, and we may suspend or stop part of our Services altogether. Accordingly, Epsychonline may terminate your use of any or all Service for any reason. If use of a paid Service is ended, a refund is not available under our Refund Policy. We may not deliver the Services to certain regions or countries for various reasons. None of Epsychonline, in addition, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “Epsychonline Parties”) shall have any liability to you for any such action. You can end use our Services at any time.
- You may be exposed to content which you deem offensive, indecent, or undesirable by using the Services. Epsychonline has no responsibility to keep such content from you and no liability for your entrance or enrollment in any course and or other content, to the degree permissible under applicable law. In addition, this applies to any content relating to wellbeing, health and exercise.
- You acknowledge and accept the inherent danger and risks in the nature of these types of content. By accessing such content, you assume those risks voluntarily, including risk of illness, physical or mental injury, disability, or death. We strongly encourage you to discuss with a registered, fully qualified doctor in your local area your intention to partake in our Courses. You take complete ownership for the choices you make before, during, and after your access to the content.
- You must be careful about the information that you share. While we restrict the types of information, we may request. We do not control what information you share on the platform. You should not share your email apart from when signing or logging in. You should not share other personal information about you for your safety.
- When you use our Services, you will have access to links to other websites. Epsychonline are not responsible for the content or any aspect of these third-party sites. Including but not limited to their collection of information about you. You should carefully read their terms and privacy policies prior to using their content.
- THE SERVICES INCLUDED ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE PREVIOUS, WE PROVIDE NO WARRANTY THAT (I) THE SERVICE WILL MATCH YOUR REQUIREMENTS, (II) THE SERVICE AND MATERIALS WILL BE ALWAYS BE AVAILABLE, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE GET FROM THE USE OF THE SERVICE OR CONTENT WILL BE EFFECTIVE, TRUE OR RELIABLE, OR (IV) THE QUALITY OF ANY COURSES THAT YOU ATTEND THROUGH THE SERVICE, OR ANY OTHER PRODUCTS, OR INFORMATION BOUGHT OR OBTAINED BY YOU FROM THE SERVICE FROM EPSYCHONLINE OR OUR ASSOCIATES WILL MEET YOUR STANDARDS OR BE FREE FROM DEFECTS OR MISTAKES.
- THE SERVICE COULD INCLUDE MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE. WE MAY CHANGE THE CONTENT OR FEATURES INCLUDED THEREIN. THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY CAN AND WILL CHANGE AT ANY TIME, SOMETIMES WITHOUT NOTICE. THE CONTENT INCLUDED IN THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT OR GUARANTEE TO UPDATE THE CONTENT.
- THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE WITH YOUR DISCRETION, RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
- WE MAKE NO WARRANTY WITH REGARDS TO ANY TRANSACTIONS EXECUTED ON, OR IN ASSOCIATION WITH THE SERVICE. YOU KNOW AND AGREE THAT SUCH TRANSACTIONS ARE DONE ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS GIVEN IN CONNECTION WITH ANY CLASS, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
- You accept and agree that temporary pauses of the Service may occur as normal events. In addition, you acknowledge and agree that we have little to no control over other networks you may use to access the course or use of the Service. Therefore, you accept delays and disruption of other network transmissions are entirely beyond our control.
Limitation of Liability
- TO THE EXTENT PERMITTED BY LAW, THE Epsychonline PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, ACCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR MONIES, WHETHER DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INDEFINITE LOSSES, AS A RESULT OF: (I) YOUR ACCESS OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN Epsychonline, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (III) UNAUTHORISED ACCESS, USE, OR CHANGE OF YOUR CONTENT OR PERSONAL INFORMATION.
- IN NO EVENT SHALL Epsychonline’s TOTAL AND COMPLETE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES BE GREATER THAN TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY Epsychonline FROM YOU FOR USING OUR PAID SERVICES DURING THE PAST 1 YEAR, WHICHEVER IS LARGER.
- YOU AGREE THAT ANY OR ALL CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE INSIDE OF 12 MONTHS AFTER THE CAUSE OF ACTION ACCRUES. IN OTHER INSTANCES , SUCH CAUSES OF ACTION ARE PERMANENTLY BARRED.
- You accept and agree to indemnify, and have the Epsychonline parties held harmless from any and all claims, liabilities, expenses, and damages. This includes but not limited to reasonable attorneys’ fees and costs, made by any third parties related to:
- your use of our Services against accordance of these Terms;
- your violation of any law or rights of any other parties; or
- User Content, including and without limitation any claim of infringement or misappropriation of intellectual property (IP) or other proprietary rights.
Governing Law and Venue
- The Services are managed by Epsychonline, which is located in Ajman, United Arab Emirates. You agree that all dispute related to these Terms are and will be governed by the laws applicable in Ajman, United Arab Emirates. In the event of a disagreement related to these Terms that is not subject to binding arbitration, you and Epsychonline will submit to the personal jurisdiction of and exclusive venue in the courts located in and serving Ajman as the legal forum for any such dispute.
Binding Arbitration and Class Action Waiver
- You and Epsychonline agree to submit to binding arbitration any and all disputes, or controversies of any kind, whether based on regulation, constitution, common law or any other legal basis or theory, and whether pre-existing, present, or in the future, that arise out of or relate to our Services, these Terms, or any other relationship or dispute between you and us, include with no limitation
- scope, applicability, and enforceability of these Terms and/or this arbitration provision, and
- relationships with other parties who are not parties to these Terms or this arbitration provision to the complete extent permitted by law each and every “Claim,” and in total the “Claims”.
- Claims have to be submitted for binding arbitration in keeping with the laws applicable in Ajman, United Arab Emirates, as amended, in effect at the time arbitration is initiated.
- In the event of a discrepancy between this arbitration provision and the laws applicable in Ajman, United Arab Emirates, such discrepancies shall be resolved in favor of this provision. If you chose to initiate arbitration, you agree to pay the initiation fee or the amount otherwise required by the laws applicable in Ajman, United Arab Emirates, and we agree to pay the rest of the arbitration initiation fee, in any additional deposit required by the authorities in Ajman to initiate your arbitration. The costs of the arbitration proceeding, including but not limited to the arbitrator’s fees, other fees, such as attorney’s fees and other expenses, shall be paid in accordance with the rules and Ajman, United Arab Emirates law. We will pay the costs associated with the arbitration that we commence.
- The arbitrator shall be in good standing of the bar for any state in the United Arab Emirates and have been practicing and an active member for the past five years.
- The arbitrator shall honor claims of privilege recognized at law. Unless inconsistent with applicable law. Or except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration.
- The arbitrator’s decision is final and binding upon the parties. It may be enforced in any other court which has jurisdiction. You and we agree that the entire arbitration shall be kept private and confidential. That the existence of the following and any element of it (including, without limitation, any briefs, pleadings or other documents submitted or transferred and any testimony or other oral submissions and citations) will not be shared or revealed beyond the arbitration proceedings, except as may lawfully be needed in judicial proceedings regarding the arbitration or by applicable disclosure regulations and rules of governmental agencies.
- Neither you nor Epsychonline will act as a class representative nor partake as a member of a class of claimants concerning any Claim. The Claims will not be arbitrated on a class, similar or representative basis. The arbitrator can determine only your and or Epsychonline individual Claims. The arbitrator may not consolidate or combine claims of other parties or person who are similarly situated.
- In accordance, you and we agree that any Supplementary Rules for Class Arbitrations do not hold ground to our arbitration. Accordingly, this arbitration provision and the procedures applicable to the arbitration contemplated by this provision are overseen by the laws applicable in Ajman, United Arab Emirates.
- This arbitration agreement does not prevent you or us from seeking involvement or action by other government entities. You and we have the right to utilize self-help tools. Including such as set-off, or to bring qualifying claims in small claims court so long as the matter remains in such court. In addition, advances only on an individual (non-class, non-representative) basis.
- You and we maintain the right to apply to any court of applicable jurisdiction for temporary or ancillary relief, including pre-arbitral attachments and in addition preliminary injunctions. Any request shall not be viewed as incompatible with these Terms, nor a waiver of the right to have conflicts submitted to arbitration as given in this provision.
- A court can sever any part of this Binding Arbitration and Class Action Waiver Section that it finds to be unenforceable. Except for instance, where the prohibitions on a Claim being handled on a class or similar basis, and any remaining portions of this arbitration provision will remain enforceable. No waiver of any part of this Section will be enforceable unless recorded in writing and signed by the party waiving a right and or requirement. Such a waiver will not waive or impact any other part of these Terms.
- THIS BINDING ARBITRATION AND IN ADDITION THE CLASS ACTION WAIVER SECTION LIMITS APPLICABLE RIGHTS, INCLUDING
- THE RIGHT TO OBTAIN A COURT ACTION,
- THE RIGHT TO A TRIAL BY JURY,
- THE RIGHT TO PARTAKE IN ANY FORM OF CLASS OR SIMILAR CLAIM, AND
- THE RIGHT TO PARTAKE IN DISCOVERY EXCEPT AS PROVIDED IN THE LAWS APPLICABLE IN AJMAN, UNITED ARAB EMIRATES.
- If it turns out that a specific provision of these Terms is not enforceable, this will not impact any of the other terms in anyway. If you do not act in accordance with these Terms, and we do not take action straightaway, this does not mean that we give away any rights that we may have including taking action at a future date.
Revisions to the Terms
- We maintain the right to amend the Terms at our sole discretion at any point in time. Any changes to the Terms will be effective immediately upon posting by us. For any material alterations to the Terms, we will take reasonable steps to inform you of such changes. This may be done using an email or website popup, another method, or a combination of methods. In all cases, your ongoing use of the Services following publication of such changes, with or without notification, constitutes binding acceptance and agreement of the revised Terms.
How to Contact Us
- The easiest way to get in touch with us is via [email protected] We look forward to hearing your questions, suggestions and feedback about our Services.