1. SCOPE OF THE TERMS
1.1 Clinical UX Association (abbreviated as the CUXA), the Clinical UX Academy are the tradenames of Dr-Hyphen Ltd, company registered in the United Kingdom, company number 10634525. It provides an online community and courses through its website, clinicalux.org (“Website”).
1.2 These terms (“Terms”) apply to all services (“Services”) provided by the CUXA on its or through its Website to the person using the Services and who has accepted the Terms (hereafter referred to as “Student”, or “Service User” said person is not enrolled on a Course) unless otherwise noted in the Terms. The Student may access the current version of the Terms at any time on the Website and may print, download and/or save it.
1.3 These Terms shall apply exclusively. Differing or contrary terms of the Service User do not apply, except if expressly agreed upon in writing by the CUXA.
2. DESCRIPTION OF SERVICES AND CONCLUSION OF CONTRACT
2.1 (General) The CUXA has established several online learning Courses and online community Memberships, which have been designed to impart skills and knowledge to its Service Users to accelerate a future or ongoing career in the healthcare industry (each a “Course” or “Membership”, together the “Courses”or “Memberships”).
Each Course is scheduled for a fixed period of time. Once the Student has enrolled on a Course, the course material will be provided via email and during lessons. The Student will be able to schedule an online video call with the CUXA instructor (“Instructor”) to discuss and clarify any open questions related to the Course at dedicated intervals. Selected assignments will be corrected by the Course Instructor or in peer group work. The Student can find a detailed service description of each Course on the Website.
2.2 (Booking of Courses or Membership) If the Service User has decided to participate in a Course or sign up for a Membership, they can do so on the Website. The representation of the respective Courses and Memberships on the Website represents a binding contract offer by the CUXA to its Service Users (“Offer”).
2.3 The Service User accepts the Offer by clicking the corresponding order button provided on the website (“Acceptance”), following submission of payment and billing details. The CUXA notifies the Service User via email that it has received their request. Upon receiving the request, the CUXA enables the Service User to have access to the enrolled Course on the agreed upon Course Start Date, or in the case of Membership, immediately.
2.4 The CUXA’s receipt of the Acceptance or the acknowledgement of receipt of the Written Acceptance, as the case may be, shall mark the point at which the contract between the CUXA and the Service User becomes binding.
2.5 Course enrolment and Membership placed by minors, persons of legal incapacity or special disability require the consent of the respective legal guardian.
3. INFORMATION ON THE COURSE CERTIFICATES
The certificates issued by the CUXA after the completion of a course are internal certificates and do not have the aim to prepare the Student for government or public examinations. The CUXA’s certificates expressly do not represent or substitute any form of state or state recognized certificate.
4.1 In order to use the Services, the Service User must register for an account on the Website (“Account”). The registration is free of charge, unless it is for paid membership as outlined on the website. Service Users must provide accurate and complete information and keep the Account information updated.
4.2 The Service User is solely responsible for the activity that occurs on their Account. The Service User shall keep their login data (username and password) confidential and prevent any unauthorized use by third parties. The Service User shall immediately inform the CUXA if there are indications that any third party is misusing their account.
4.3 The Service User may not use names or other personal data for their Account that could infringe the rights of any third party. The CUXA may restrict, block, or delete an Account if the Service User has given false information during the registration or if the Service User violates applicable laws, regulation or these Terms. When choosing one of the aforementioned measures, the CUXA will consider the impact of the false information, the legitimate interests of the Service User and the degree of responsibility.
4.4 The Service User may delete their Account at any time without providing a reason or notice by logging in to their account and following on screen prompts or by sending an e-mail to email@example.com.
5. PAYMENTS AND BILLING OPTIONS
5.1 The Course and Membership fees arise from the respective current price list at the time of conclusion of the contract, which is accessible on the Website at all times. The obligation to pay the course fee shall apply irrespective of whether the Service User uses the provided Services or not (without limiting the Service User’s warranty rights).
5.2 The CUXA offers the possibility for cashless payment by way of the payment methods as indicated on the Website. The CUXA reserves the right to offer certain payment options to some Service Users and not to other Service Users.
5.3 The course fees can be paid in instalments. The first instalment is due on enrolment date, the second instalment is due one month from the Course start date, and the following instalments are due monthly beginning from the second instalment date.
5.4 Each booking of a Course allows access to membership to the CUXA community for life. The Student’s right to terminate the contract according to section 6 shall remain unaffected.
6. CONTRACT TERM, REFUND POLICY AND TERMINATION
6.1 The contract is entered into for the period of enrolment by the Student or Service User with a membership.
6.2 Beyond statutory requirements (see Section 7 of these Terms), the CUXA provides the Student with a full refund if they request to cancel the Course within the first 14 days from the day of the Course start date (the “Refund Period”), i.e. the CUXA will not charge the Student for services which have already been provided to them.
6.3 The Student may terminate the contract without reason at any time after the Course begins. In such cases any pending instalments at the day of termination shall be canceled. This does not affect the right of the parties to issue a termination for good cause and it is irrespective of the right of withdrawal (see Section 7 of these Terms).
6.4 The termination of this contract according to section 6.2 or 6.3 shall require a written notification (email to firstname.lastname@example.org is sufficient) and shall become effective on the date of the receipt of such notification by the respective other party.
7. RIGHT OF WITHDRAWAL
Students and Service Users have the right to withdraw from this contract within 14 days from the day of the Course or Membership start date without giving a reason.
The withdrawal period will expire after 14 days from the day of the Course or Membership start date.
To exercise the right of withdrawal, a Service User must inform the CUXA ( e-mail: email@example.com) of their decision to withdraw from this contract by an unequivocal statement (e.g. an email). The Student may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for a Service User to send communication concerning their exercise of the right of withdrawal before the withdrawal period has expired.
If a Service User withdraws from this contract within the time period given above, we shall reimburse to the Service User all payments received from them, without undue delay and in any event not later than 21 days from the day on which we are informed about the Service User’s decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as the Service User used for the initial transaction and Service User will not incur any fees as a result of such reimbursement.
If the Service User requested to begin the performance of services during the withdrawal period, Service User shall pay us an amount, which is in proportion to what has been provided until Service User has communicated to us their withdrawal from this contract, in comparison with the full coverage of the contract.
The Clinical UX Academy TM
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
15 Lampits Hill, Corringham, Stanford-Le-Hope, England, SS17 9AA
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate
7.2 Right of the CUXA to Withdraw Service User from Courses or Membership
We reserve the right to withdraw Service User from the Course or Membership at any point. Reasons for withdrawal include but are not limited to:
- Falling behind by more than two months if enrolled to a Course
- Failure to meet financial obligations to the CUXA (e.g. falling behind on instalment payments by more than one month);
- 2 or more instances of plagiarism in Student’s submitted work. For the first instance of plagiarized work, a Student will be issued a warning and given information and a chance to resubmit the work in question. See Section 10.1 of these Terms;
- Violating our communications guidelines in exchanges with the CUXA community members, including Instructors, CUXA employees, CUXA members and students.
Withdrawal of a Service User by the CUXA will result in a prorated refund based on Student’s remaining time on course if Student has paid in full or a cancellation of Service User’s monthly subscription fee if Student is paying in monthly installments.
7.3 Course Pauses
The Courses are self-paced within a specified overall Course time to give Students the flexibility to work around their schedules. Time spent away from the course is the responsibility of the student and will not increase overall Course time. Courses cannot be paused or frozen during the Course period. Students will be responsible for making their scheduled payments during the Course and may not delay or pause their payments.
Students are encouraged to let their Instructor know in writing if they expect to be away for some part of the Course.
7.4 Course Cancellation
The Student may cancel a Course in which the Student is enrolled at any time during the Contract period. If cancellation occurs within 14 days of the Course start date, the Student is entitled to a full refund as specified in Section 6 of these Terms.
Cancellations received after 14 days from the Course start date may be eligible for a prorated refund.
If the Student has paid in full and less than 50% of the Student’s Course time has elapsed, Student is entitled to a prorated refund based on the remaining Course time. If the Student has paid in full and more than 50% of the Student’s Course time has elapsed, Student is not eligible for a refund.
If the Student has a subscription-based payment, the monthly subscription fee will be cancelled at the time of receipt of the cancellation request and the Student will not be charged in subsequent months. The first installment is non-refundable. Payment for the current month will not be refunded.
Cancellations result in immediate loss of access to all Course materials, Instructors, and other services offered by the CUXA from the date of receipt of the Cancellation.
In the event of a Cancellation, eligible payments will be refunded without undue delay and in any event not later than 21 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction and you will not incur any fees as a result of such reimbursement.
In the event of re-enrolment after Cancellation, any discounts applied to the original enrolment will be void and the Student must pay in full for the Course at the Course price effective at the time of re-enrolment except at the discretion of the CUXA.
Cancellations must be requested in writing (email is sufficient) and should be addressed to firstname.lastname@example.org.
8. TECHNICAL PROVISIONS
The Service User must observe all technical guidelines by the CUXA concerning the use of the Services to ensure an undisturbed operation of the Website and the Courses. Technical guidelines include access to a computer or similar device from which the website and course materials can be viewed, a stable internet connection and access to a video conferencing service such as Skype, Zoom or Google Hangouts, to participate in the weekly class meetings.
Non-Student Service User will also require access to an internet connected device and video conferences services as well to engage with some content provided .
9. CONTENT FROM SERVICE USERS
9.1 The Service Users may choose, upload and/or contribute content to the Service (“Community Content”). The Service User represents and warrants that they have the right to upload the Community Content to the Service and that the Community Content does not and will not (i) violate any third party´s rights (including but not limited to patent rights, copyrights, trademarks, trade secrets or other intellectual property rights, (ii) contain material that is defamatory, slanderous, libelous, or obscene, portrays any person in a false light, constitutes an invasion of any right to privacy or an infringement of any right to publicity, or otherwise violates any rights of any third party or (iii) violates any applicable laws, regulations or these Terms.
9.2 The CUXA reserves the right to remove or disable access to any Community Content at the CUXA’s sole discretion, in case that it comes to the CUXA’s attention that Community Content violates third party rights, any applicable laws, regulations or these Terms. The CUXA may take these actions without prior notification to the Service User.
9.3 The CUXA is entitled but not obligated to save, publish and delete the Community Content.
- Grant of License
The CUXA grants each Service user a worldwide non-exclusive, non-sub-licensable and non-transferable license to use any content that was provided by the CUXA on the Website (“Content”) solely for the purpose of using the Services and Courses. The use, reproduction, modification, distribution, or storage of Content for any other purpose is expressly prohibited without the prior written permission of the CUXA.
The Service User agrees at their own expense, to indemnify, defend and hold inculpable the CUXA and its related parties from all liabilities, claims, expenses and losses of any kind (including reasonable attorneys fees and costs) arising from or related to the Service Users use or misuse of, or access to the Services, content, or otherwise from Community Content, violation of these Terms, or infringement by the Service User, or any third party using his Account or identity in the Services, of any intellectual property or other right of any person or entity. The CUXA reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the Service User, in which case the Service User will assist and cooperate with the CUXA in asserting any available defenses.
12. THIRD PARTY SERVICES
The Service User acknowledges that the Services may enable or assist the access of, interact with, and/or purchase services from supported platforms and other third parties via third-party websites or resources on the Internet (collectively, the “Third-Party Services”). When the Service User accesses the Third-Party Services, they will do so at their own risk. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services, and any contract entered into, or any transaction completed via any Third-Party Services, is between the Service User and the relevant third party, and not the CUXA. The CUXA makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Services or any transactions completed and any contract entered into by the Service User with any such third party.
The CUXA cannot warrant that the Courses and the Website are always accessible. However it will eliminate any technical malfunction in reasonable time.
15. CHANGES IN THE TERMS OF SERVICES
15.1 The CUXA reserves the right to modify or replace any of these Terms at any time under the following conditions (“Reservation of Changes”): the CUXA will notify the Service User on the respective amendments at least two weeks before the change comes into force via email. The change is considered accepted by the Service User if they do not state otherwise within six weeks after receipt of the change notification. The CUXA will make particular note of the right of objection, the objecting period, and legal consequences, particularly regarding the failure to object to the changes. In the case the Service User’s objects, the CUXA is entitled to not accept future bookings of Courses or Membership by the Service User.
15.2 The CUXA is particularly entitled to make changes to these Terms, in case a condition is found to be invalid, to extend or replace it with applicability to existing contracts, in case of changes in legal requirements or judicial decision, if these changes affect one or more conditions of the contract, in order to adjust the conditions affected corresponding to the purpose of the changed legal context, insofar as the Service User does not have a worse economic position due to the new or changed conditions than according to the original condition.
16.1 These Terms shall be governed by the laws of the United Kingdom. For contracts with an objective which cannot be mainly assigned to the Service User’s professional or commercial activity (contract with consumer), these laws shall only apply in as far as protection provided by mandatory provisions of the law in the country in which the consumer usually resides has not been revoked.
16.2 If the Service User is a merchant, a body corporate organized under public law or a special fund under public law, place of performance and place of exclusive jurisdiction shall be London, United Kingdom.
16.3 Should parts or individual phrases of these Terms be invalid, the remaining parts shall remain unaffected in their content and validity. The invalid provision shall be replaced by the respective legal regulation, where existent. If the regulation under this 16.3 would present unreasonable hardness for one party the contract in whole shall be invalid.
16.4 The contract language is English.
17. COURSE ACCESS
17.1 Lifetime Access
Students will have lifetime access to Course materials and any updates that are made after their graduation to the Course materials of the version of the Course in which they were enrolled. If a Student cancels any part of a Course, the Student will lose access to all Course materials. Students will not be granted lifetime access to newer Courses or versions of Courses in which they were not originally enrolled. Materials may change over time as Exercises are modified, added, or removed. As such, it is the student’s responsibility to keep records of all personal work from the course.The CUXA reserves the right to remove Student access to Course materials.
18. COMMUNICATIONS POLICY
The CUXA maintains a safe and learning-focused community for all Service User. Service Users agree to abide by the CUXA communications policy, which forbids:
- Use of inappropriate, vulgar, offensive, or hateful language;
- Hostility toward another member of the community, including threats, abuse, or harassment;
- Insults of any kind, including those related to gender, religion, race, ethnicity, political beliefs, sexual orientation, and physical or mental health;
- Posting of links/ads to products/services that could substitute any part of the CUXA learning experience;
- Commercial activity such as buying and selling;
- Propagation of unlawful behaviour.
Service User who violate the Communications Policy may be withdrawn from their Course. See Section 7.2.