Terms and Conditions
Refund policies can be found in Clause 14
This agreement applies as between you, the User of this Website and IntegrateAuricular, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4-11 and 15-25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12-14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account”: means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Content”: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Facilities”: means collectively any online facilities, tools, services or information that IntegrateAuricular makes available through the Website either now or in the future;
“Services”: means the services available to you through this Website, specifically use of the IntegrateAuricular proprietary e-learning platform;
“Online Course”: means any course that is delivered/presented online (even if ordered offline). This may include delivery/presentation via online third-party platforms.
“On-Site Course”: means any course that is delivered/presented offline (even if ordered online).
“Online Course”: means any course that is delivered/presented online (even if ordered offline). This may include delivery/presentation via online third-party platforms.
“On-Site Course”: means any course that is delivered/presented offline (even if ordered online).
“Payment Information”: means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Premises”: Means Our place(s) of business located at [ADDRESS];
“System”: means any online communications infrastructure that IntegrateAuricular makes available through the Website and related Third-party Providers either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User(s)”: means anyone accessing the Website (e.g. anyone other than employees of IntegrateAuricular).
“Buyer(s),” “Enrollee(s),” “Registrant(s),” and/or “Mentee(s)”: means anyone who has purchased either a product or service from IntegrateAuricular.
“Buyer(s),” “Enrollee(s),” “Registrant(s),” and/or “Mentee(s)”: means anyone who has purchased either a product or service from IntegrateAuricular.
"Website": means the website that you are currently using www.integrateauriuclar.ca or www.integrateauricular.com and any sub-domains of this site unless expressly excluded by their own terms and conditions;
“Affiliates” and/or “Third-party Providers”: means sales/distribution channels/representatives or SaaS providers such as provided by MailChimp, Shopify, Zapier, HubSpot and any other software used to conduct business.
“Affiliates” and/or “Third-party Providers”: means sales/distribution channels/representatives or SaaS providers such as provided by MailChimp, Shopify, Zapier, HubSpot and any other software used to conduct business.
"We/Us/Our": means IntegrateAuricular, a company incorporated in Canada, located at: CIAM, 337 Forbes Street, New Glasgow, NS B2H 4P9, Canada
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
4. Intellectual Property
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of IntegrateAuricular, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable international intellectual property and other laws.
- 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
- 4.3 It is understood that submissions by Users (i.e. posts, assignments, recordings) become the property of IntegrateAuricular. Upon rendering of Service or the closing of Account submissions are kept, not returned. This allows Us to provide current Services and develop future Services. User submissions are a critical part an educational platform. The use of submissions will respect related privacy laws (such as those related to HIPAA rules).
- 14.4 Although not required by User agreement to these terms, Users may be asked for additional consent for use of their contributions through photos, videos, recordings, testimonials or otherwise. With such consent to use by IntegrateAuricular, the User waives any claims to compensation or ownership to the new content created using the contribution. We want to thank our growing community for these contributions that allow us to continue to build the IntegrateAuricular and support healthcare and wellness professionals to integrate auricular!
5. Third-Party Intellectual Property
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may not be used without written permission other than by any applicable exceptions provided in Chapter III of the Copyright Designs and Patents Act 1988.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of IntegrateAuricular or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.integrateauricular.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. We appreciate links and are glad to provide proper URLs to support your referral, please contact Us by email at info@integrateauricular.com.
9. Use of Communications Facilities
- 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 No obscene or vulgar language;
- 9.1.2 No Content submission that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 9.1.3 No Content submission that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of IntegrateAuricular or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that IntegrateAuricular reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that IntegrateAuricular may retain copies of any and all communications made to Us or using Our System.
- 9.4 For the purpose of use of communications via Our System, You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- 9.5 Agreement to General Disclaimer: By using IntegrateAuricular Facilities or content you understand that IntegrateAuricular content (i.e. website, training, or any other programming) is provided for educational purposes and is not intended to replace the medical advice of your doctor or health care provider. Please consult your health care provider for advice about a specific medical condition. We reserve the right to make any changes at any time and without notice (content, programming, policy, or otherwise). Users and/or Enrollees waive any right to claims against IntegrateAuricular related to the application and/or practice of Auricular Medicine or related methods presented by Us.
10. Accounts
- 10.1 In order to procure Services on this Website, System and supporting Third-party websites, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of this and partner Websites as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required; and
- 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
- 11.1 Either IntegrateAuricular or you may terminate your Account. We reserve the right to terminate without giving reasons. If We terminate your Account, you will be notified by email.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
12. Services, Pricing and Availability
- 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from IntegrateAuricular correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary owing to generalizations of descriptions in communicating highly specific and possibly updated content or your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
- 12.2 Where appropriate, you may be required to select the required Plan of Services.
- 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
13. Orders and Provision of Services
- 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between IntegrateAuricular and you.
- 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
- 13.2.1 Confirmation of the Services ordered including basic details of the main characteristics of those Services;
- 13.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 13.2.3 User credentials and/or relevant account information for accessing those Services.
- 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for initial fees (service-related, set-up, administrative, or otherwise) or for an entire course or program of services that correspond to the service you purchased, and if applicable to a payment plan, at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) and/or as indicated in the order confirmation you received.
- 13.5 We aim to fulfill your Order as quickly as possible, if not immediately for online courses. Or, if not, within a reasonable period following your Order unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
- 13.6 IntegrateAuricular shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with good business practice.
- 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will do Our best to ensure that any necessary corrections are made within as close to five (5) working days as possible.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order or prior to using respective Services.
- 13.8 IntegrateAuricular provides technical support via our online support forum. IntegrateAuricular makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
14. Refunds and/or Cancellation of Orders and Services
We want you to be completely satisfied with the Products or Services you order from IntegrateAuricular. If you need to speak to us about your Order, then please contact us using Platform Support or by email at info@integrateauricular.com or write to us at our address (see section 1 above). IntegrateAuricular does not offer refunds of any kind other than exceptions allowed by sub-Clause 14.1. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
- 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between IntegrateAuricular and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: info@integrateauricular.com. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
- 14.2 As specified in sub-Clause 13.6, if the Services begin within the cooling off period you acknowledge and agree to the following:
- 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
- 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
- 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
- 14.4 Missed Discounts: Buyers are responsible for taking advantage of available discounts at the time of purchase.
- 14.5 On-site Course Refund and Transfer Requests: Enrollment/registration payment for courses ordered and paid is non-refundable. However, on-site course tuition paid may be applied toward another seminar upon receipt by CIAM of a written transfer request 14 days prior to the start date/time of the course, as detailed under the provisions and limitations below.On-Site Course Transfer Requests: Course tuition is non-refundable. However, tuition paid for an on-site course/program may be applied toward another on-site course/program upon receipt by Us of a written transfer request 14 days prior to the start date/time of the course. The transfer request must be completed with payment of a $100 CAD administrative course transfer fee. Any student who does not offer the courtesy of communicating their needs to cancel will be considered a “no show” and no transfer will be issued. Transfer requests must be made in writing to: info@integrateauricular.comOnline Course Transfer Requests: Course tuition is non-refundable, and most online courses may not be transferred. However, there are certain instances where a transfer may be necessary to help ensure students are on the learning path. Decisions for approving transfer requests will be based on status of course completion, visits, course category and student level of learning. It is highly advised to make transfer requests as soon as an issue arises (as soon after original registration/enrollment as possible). Please note that approved transfers are credited by base value of courses and do not include any credit for sale discounts that may currently be offered on courses. Transfer requests must be made in writing to: info@integrateauricular.comNo Show: We claim no responsibility to accommodate refund requests from any student who does not, for any reason, attend a seminar for which they are registered (whether online or on-site) without communicating to Us and securing a transfer (or free transfer due to illness) in a timely fashion as offered by the refund policy. Enrollees that do not participate, or do not show up (e.g. “no shows”) will not receive a refund of tuition. We advise students who are unable to attend for any reason to take advantage of a course transfer or free course transfer due to illness as per the refund policy.Illness: If a student is unable to attend an on-site course due to illness, he/she is required to forward a note from his/her physician within one week following the course end date to receive a free transfer to the next available course with no administrative fee. Free transfer requests due to illness must be made in writing to: info@integrateauricular.com. If a student is unable to take part in an online course due to illness, he/she is required to contact Platform Support to see what accommodations can be made (We reserve the right to decline illness-related transfer requests from Enrollees in online courses).
- 14.6 Refunds for Non-Course and Online Offerings (i.e. materials purchased from Us): Tuition for non-course and online course offerings are non-refundable. Complaints regarding non-course offerings (such as the purchase of ampules, posters, books) are reviewed on an individual basis. Please email us at info@integrateauricular.com to let us know if you have any issues or complaints with any products we send, so that we may address the problem or offer a replacement.
- 14.7 Course Cancellation by IntegrateAuricular:
If We cancel or change the date of an on-site course, the Registrant may choose to reschedule and transfer the tuition paid toward another course at no additional cost (e.g. with no administrative course transfer fee) or receive a full refund. We reserve the right to make changes to any of Our program/course offerings at any time. No refunds are offered as a result of changed or cancelled program/course offerings — it is understood that IntegrateAuricular makes changes in an effort to support, not risk, the business from Enrollees. We only makes changes to offerings with great care and the goal of improvement.
15. Privacy
Use of the Website is also governed by Our Privacy Policy (https://www.integrateauricular.ca/privacy-policy/) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please use link or URL above.
16. How We Use Your Personal Information (Data Protection)
- 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- 16.2 We may use your personal information to:
- 16.2.1 Provide Our Services to you;
- 16.2.2 Process your payment for the Services; and
- 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
- 16.4 We will not pass on your personal information to any outside (non-Affiliate) parties without first obtaining your express permission.
17. Disclaimers
- 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 17.2 No part of this Website is intended to constitute medical advice or advice of any other nature and the Content of this Website should not replace professional medical advice or consultation for any specific medical condition or otherwise.
- 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
18. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
- 19.1 The Website is provided “as is” and on an “as available” basis. IntegrateAuricular uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and/or faults and we do not provide any kind of refund for outages, System errors, and/or browser incompatibilities. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 20.2 Nothing in these Terms and Conditions excludes or restricts IntegrateAuricular liability for death or personal injury resulting from any negligence or fraud on the part of IntegrateAuricular.
- 20.3 Nothing in these Terms and Conditions excludes or restricts IntegrateAuricular's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- 20.5 As stated in sub-Clause 9.5 Users understand that IntegrateAuricular content (i.e. website, training, or any other programming) is provided for educational purposes and is not intended to replace the medical advice of your doctor or health care provider. Please consult your health care provider for advice about a specific medical condition. CIAM reserves the right to make any changes at any time and without notice (content, programming, policy, or otherwise). Users waive any right to claims against IntegrateAuricular related to the application and/or practice of Auricular Medicine or related methods presented by Us.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and IntegrateAuricular.
24. Communications
- 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@integrateauricular.com.
- 24.2 We may from time to time, if you opt to continue receiving it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and IntegrateAuricular shall be governed by and construed in accordance with the Law of England and Wales and IntegrateAuricular and you agree to submit to the exclusive jurisdiction of Canada.
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integrateauricular.com and contents copyright ©2019 IntegrateAuricular | Disclaimer: Content presented by IntegrateAuricular.com (website, training, or any other) is provided for educational purposes and is not intended to replace the medical advice of your doctor or health care provider. Please consult your health care provider for advice about a specific medical condition. IntegrateAuricular reserves the right to make any changes (content, programming, policy, etc.) at any time and without notice. Users waive the right to any claims against IntegrateAuricular related to the application and/or the practice of Auricular Medicine or related methods presented. It is to be understood that to drive a field forward, many educational aspects may be theoretical and/or based on clinical observations. Any statements regarding intended outcomes should be understood to have limitations. Proper application of the methods presented on IntegrateAuricular is the sole responsibility of the user, for which IntegrateAuricular cannot reasonably assume liability.