Educhiro Terms & Conditions of Use of Services and Website
Educhiro’s mission statement is to provide the best possible service and maintain the integrity of its marketplace for the benefit of all its dealings with chiropractors and users of its Website. It has therefore developed these Terms to regulate how its services and Website may be used. This is a contract between you, the user of Educhiro’s Services and the Website (you), and Educhiro.
1.1 These Terms and Conditions (the Terms) govern your use of Educhiro’s services and the website located at www.educhiro.com (the Website) and forms a binding contractual agreement between you, the user of Educhiro’s Services and the Website and us, Adjustment Productions Pty Ltd t/as Educhiro, the provider of the Educhiro Services and the owner and operator of the Website (Educhiro, us or we).
1.2 The Educhiro Services are described at clause 2.
1.3 These Terms are important and you should ensure that you read them carefully. If you have any questions regarding the use of Educhiro’s Services or the Website, please contact us at +61 (0)7 3911 1083 or at firstname.lastname@example.org. By using Educhiro’s services and/or the Website you acknowledge and agree that you have understood these Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use Educhiro’s Services or the Website.
1.4 Certain features of the Educhiro Services and the Website will only be available if you have registered your details on the Website.
1.5 You acknowledge that you and Educhiro are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by these Terms or by your use of the Website or Educhiro’s Services.
1.6 You agree to all times indemnify and keep indemnified Educhiro and its respective officers, employees and agents (referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms by you; and publication of or distribution of the material and/or information supplied by you.
1.7 These Terms must be read in conjunction with any other notices, disclaimers and policies displayed elsewhere on the Website or provided by us to you from time to time. You are responsible for making all arrangements necessary for you to have access to the Educhiro Services and the Website. You are also responsible for ensuring that all persons who access the Educhiro Services and the Website through your account are aware of these Terms and that they comply with them.
2. Educhiro Services
2.1 Educhiro provides chiropractic videos for patient education are marketing purposes which are personalised to suit a chiropractor’s business by displaying their business particulars and other relevant materail. The chiropractor pays Educhiro a license fee for the use of these videos.
2.2 These personalised videos are provided to the chiropractor for:
a. use on their own website;
b. use on their social media platforms;
c. use in their places of business such as in a waiting room;
d emailing directly to their patients for viewing; or
e. as otherwise approved by Educhiro.
2.3 Chiropractors that use Educhiro’s Services may also display their personalised videos on the Website through the viewing platform and request Educhiro to email their personalised videos directly to their patients through its emailing platform.
2.2 You acknowledge and agree that Educhiro is in no way directly involved in any transaction between chiropractors and their patients or Website users and its role is strictly limited to providing the Educhiro Services. Educhiro in no way guarantees the description, performance or delivery of services provided by chiropractors nor does it provide any guarantee as to the authenticity or bona fides of any chiropractors or any Website user in any respect or manner whatsoever.
3.1 You acknowledge that Educhiro provides the Educhiro Services and that it has invested time, money and effort creating and developing the Educhiro Services.
3.2 Educhiro will provide chiropractic videos for patient education and marketing purposes which are personalised to suit your chiropractic business and which describes your business particulars and which will include:
a. Your business name and registration number;
b. Your business logo;
c. Your location;
d. Your accreditation and qualifications;
e. Your expertise; and
f. Other relevant material as agreed between us.
3.3 You confirm and warrant to Educhiro that:
a. You are a valid chiropractor;
b. You are a member of or are accredited by a recognised chiropractic institute;
c. You have a chiropractic certification or other relevant or equivalent qualification;
d. You have not been banned or disqualified from holding any chiropractic certification or accreditation;
e. You have all materials necessary to conduct chiropractic services; and
f. All information you provide to Educhiro is accurate and you will notify any changes to information you have supplied to Educhiro in a timely manner.
3.4 You acknowledge that any video or related information personalised for your business as part of Educhiro’s Services to you at all times remains the property of Educhiro and that you are granted a limited licence to use these videos subject to the payment of fees to Educhiro and otherwise as in accordance with these Terms or in accordance with any limitations on use notified to you by Educhiro. Educhiro may immediately terminate this licence for any breach by you of these Terms by notification to you in writing.
3.5 You agree that you may use any personalised video created and owned by Educhiro only on your own website, your social media platforms, in your places of business, to email directly to your patients or as otherwise approved by Educhiro. You agree and acknowledge that you may NOT upload or post any personalised video created and owned by Educhiro on YouTube (www.youtube.com).
3.6 You acknowledge that you may only use the Educhiro Services including the use of videos personalised to your business in relation to one account, website or domain name. If you wish to use the Educhiro Services for more than one website or domain name, you must purchase a separate licence for each site or a separate account. If you change your website address or domain name, you must notify us by email as soon as is practicable.
3.7 Upon acceptance of your application to use Educhiro’s Services, you will be issued a username and password for accessing information, functions and documents which are only available to use of Educhiro’s Services. If your username or access to services is suspended by us for any reason (for example, if an incorrect password has been entered or we otherwise believe your online security is at risk) you will be unable to access the services or your account until it is reactivated. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
3.8 You acknowledge that Educhiro charges subscription fees for the provision of the Educhiro Services. Such fees will be notified to you in writing and you acknowledge receipt of such notification. Such fees may be modified from time to time at the discretion of Educhiro and where modified Educhiro will notify you of such modification in a timely manner. Educhiro may provide an introductory period for your use of the Educhiro Services for no fee subject to certain conditions or limitations and may also offer you other promotional offers as part of your use of the Educhiro Services.
3.9 You acknowledge that you must take all reasonable steps to keep your password safe at all times and should not disclose it to anyone you do not trust or who is not an employee or has other similar involvement in your business.
3.10 All fees payable by you to Educhiro for the Educhiro Services will be paid by credit card.
3.11 All fees payable to Educhiro are generally non-refundable. You may terminate your subscription fee arrangement with Educhiro at any time subject to the terms and conditions of the arrangement as notified to you in writing. Educhiro may at its discretion provide a reduced fee as part of a special promotion or agree to provide you with a refund however no refunds will be available where you breach these Terms or decide to cancel your account with Educhiro before your subscription has expired.
3.12 You warrant to Educhiro that you are legally authorised to enter into these Terms either in your personal capacity or as a representative of a business. You are solely responsible for all use, whether authorised or otherwise, of Educhiro services for your account with Educhiro.
3.13 As a condition of your use of the Website or the Educhiro Services, you warrant to Educhiro that you will not use the Website or the Educhiro Services for any purpose that is prohibited by the Terms or that is illegal or unlawful. You agree to abide by all applicable laws and regulations in the provision of your services. For the avoidance of doubt, Educhiro shall have no liability whatsoever in respect of any service provided by you, your representatives or other third parties, or to users of the Website.
3.14 By engaging Educhiro’s Services and using the Website you authorise and consent to Educhiro and its Website users contacting you by electronic communication and telephone.
3.15 Educhiro is not and will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law which are the consequence of any user acting, or failing to act, on any information contained on or referred to on the Website or through the failure or incorrect use of Educhiro’s Services.
3.17 Educhiro may use any information provided by you on the Website to engage in direct marketing to you in any medium.
3.18 Educhiro may share your contact details with a business or individuals introduced through the use of Educhiro’s services.
3.19 Educhiro may at any time change or modify the Educhiro Services. Educhiro will use all reasonable efforts to notify you in a timely manner prior to implementation of a change or modifications in its services and to provide information required for you to continue to use its services.
3.20 Educhiro may, at its absolute discretion, refuse to allow any chiropractor or other party to register or create an account with Educhiro or cancel or suspend any existing account without notice or without giving any explanation. You acknowledge that such cancellation will deactivate your account with Educhiro once it has been cancelled.
3.21 Educhiro may, after 60-days post account cancellation, delete all data, and other information in relation to your use of the Educhiro Services.
3.22 You hereby grant Educhiro a royalty-free, nonexclusive, limited license to use your business name, logo and any other information supplied as party of the Educhiro Services to Educhiro for use in the Educhiro Services and in public relations or advertising materials. You may terminate such authorised use upon 30-days written notice to Educhiro.
4. Affiliate Program
4.1 Educhiro operates an Affiliate program which chiropractors or other persons may apply to join on the Website. Affiliate members, once approved by Educhiro, may earn money or discounts on their subscription fees payable to Educhiro, in consideration for promoting the Educhiro Services. You may apply to join the Affiliate program at www.educhiro.com/support/affiliate.
4.2 Once approved by Educhiro, Affiliate members will be provided with specific terms and conditions in relation to what promotional activities are authorised by Educhiro as part of the Affiliate program and what fees are payable to its members and how they are paid.
4.3 Educhiro may at its sole discretion approve or deny any application to become a member of the Affiliate Program.
5. Use of Website
5.1 Information on the Website is general information only. Educhiro and its directors, agents or employees do not accept and are by these Terms released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the Website or anyone else through the Website or any errors in, or omissions from information on the Website.
5.2 Users of the Website must be over the age of 18 and must be a natural person or a person whom represents a business entity.
5.3 Any commercial use of the Website by you requires the prior written approval of Educhiro.
5.4 Educhiro reserves the right to change these Terms, the Website or content contained with the Website at any time with or without any notice to you nor giving any explanation for such change.
5.5 By operating the Website Educhiro does not assume a duty of care to users of the Websites. Educhiro does not provide any professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked to any user of the Website.
6. Customer Support & Complaints Policy
6.1 Educhiro will attempt to resolve any customer complaints and answer any questions within 2 business days of the first contact made by a customer by email to email@example.com.
6.2 All other complaints are reviewed by Educhiro customer support representatives and may be escalated to a manager for resolution if required.
6.3 Educhiro reserves the right not to respond to customer support questions or complaints that offend Educhiro employees or agents.
7. Governing Terms
7.1 If any part of these Terms are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
7.2 These Terms are governed by and interpreted in accordance with the law of Queensland, Australia, without giving effect to any principles of conflicts of laws.
7.3 You agree to the jurisdiction of the courts of Queensland to determine any dispute arising out of these Terms.
8. Disclaimer of Liabilities
8.1 Educhiro does not warrant, guarantee or make any representation that:
a. the Website or the Educhiro Services are free of software viruses;
b. the functions contained in any software contained on the Website or the Educhiro Services will operate uninterrupted or are error-free; and
c. errors and defects in the Website or the Educhiro Services will be corrected.
8.2 Educhiro is not liable to you for:
a. errors or omissions in the Website or the Educhiro Services;
b. delays to, interruptions of or cessation of the Educhiro Services; and
c. offensive or illegal conduct of any user of the Website or Educhiro Services, whether caused through negligence of Educhiro, its employees or independent contractors, or through any other cause.
8.3 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website or the Educhiro Services.
8.4 You agree to indemnify and hold harmless Educhiro and all its related parties, associates and authorised representatives from all claims, demands, liabilities, losses, damages and expenses (including without limitation reasonable legal fees and expenses), arising from or in connection with the use of the Website or Educhiro’s Services.
9. Intellectual Property
9.1 The brand names, slogans, trademarks, service marks, designs, and logos used on the Educhiro Website or in conjunction with the Educhiro’s Services, including without limitation the Educhiro business name and logo, are the trademarks of Educhiro.
9.2 You further agree not to use any domain name, trademark, trade name, service mark, logo, or other materials confusingly similar to the trademarks without the prior written consent of Educhiro.
9.3 All information and materials published, transmitted, or otherwise available on the Website or through the Educhiro Services we provide are protected by copyright or trademarked (as applicable), and owned or controlled by Educhiro, its licensors, or affiliated companies.
9.4 You shall abide by all copyright and trademark notices, limitations, and restrictions applicable to any Educhiro. Without limiting the foregoing, no content owned by Educhiro may be copied, reproduced, republished, reused, uploaded, downloaded, posted, or transmitted, other than through the Website or the provision of the Educhiro Services in accordance with its intended use.
9.5 The software, hardware, and other technologies which Educhiro uses to deliver the Educhiro Services contain confidential and proprietary information, trade secrets, and other property rights belonging to Educhiro and its licensors, and all rights to the Educhiro technologies and all property rights related to its services shall remain exclusively with Educhiro and its applicable licensors.
10. Technical Difficulties
10.1 If you experience technical difficulties in relation to this Website or the delivery of the Educhiro Services please email firstname.lastname@example.org or telephone 1-888-215-5662.
11. Contacting Us
11.1 Educhiro’s contact details are:
Adjustment Productions Pty Ltd t/as Educhiro
Address: Suite 1, 5 Church Lane, Emerald, Queensland 4720
Tel: +61 (0)7 3911 1083
11.1 These Terms are dated 31th May 2018
The material on the Website is copyright © 2018 Adjustment Productions Pty Ltd t/as Educhiro.