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 firstname.lastname@example.org.
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 email@example.com 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: firstname.lastname@example.org) 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 email@example.com.
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.
Use of IP Address and Cookies
CUXA Membership requires members to give us contact information (name and email address, and billing address) when registering for membership, a conference, or when purchasing a product. But financial information (like their account or credit card numbers), is not stored with us.
All data we collect (personal or financial) from you protected by the Data Protection Act 1998 and GDPR law and is only ever used to serve you, and for no other purpose. It will not be shared with third parties unless you give us your explicit permission to do so.
Visitor’s contact information is used to contact the visitor when necessary.
The CUXA does not rent, sell, or give away email addresses, telephone numbers, or fax numbers of members or visitors.
We use Jetpack and Google Analytics on this website. Google analytics may overlay Google Analytics for Display Advertising Data on top of the standard usage data. Using the Ads Settings, visitors can opt-out of Google Analytics for Display Advertising.
Links to Other Sites
This site contains links to other sites. The CUXA is not responsible for the privacy practices or the content of such websites.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Online access to membership records, including employment and address information, is available to CUXA members only, and is password-protected. Credit card and financial account information is never stored on the CUXA site, even briefly during transactions.
Shopping services are provided through Paypal which handles monetary transactions directly.
Liability and Disclaimer
The CUXA provides this website as a service to its members, those interested in the development, communication, and advancement of user experience practices of, and to the public, in furtherance of CUXAs mission as a not-for-profit organisation.
The CUXA is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this website is correct, complete, reliable and up-to-date, and its appearance on the site does not constitute an endorsement by the CUXA.
Although the CUXAs website may include links providing direct access to other Internet resources, including websites, the CUXA has not participated in the development of those other sites and does not exert any editorial or other control over those sites. The CUXA is not responsible for the accuracy or content of information contained in these sites.
Links from the CUXA to third-party sites do not constitute an endorsement by the CUXA of the parties or their products and services. The appearance on the website of advertisements and product or service information does not constitute an endorsement by the CUXA, and the CUXA has not investigated the claims made by any advertiser. Product information is based solely on material received from suppliers.
Although unlikely to occur, the CUXA also expressly disclaims all liability for any violations, including but not limited to security breaches or privacy violations, committed by any firm which provides online or management services on behalf of the association. Users of the CUXA website agree to hold CUXA harmless for and from any liability for any damages arising out of the use of the online or management services.
The opinions expressed by contributors to the CUXA websites, or through discussion on the various listservs sponsored by the CUXA, are solely those of the individual contributors and do not reflect the opinions of CUXA, its members, the leadership team, or the individual chapters of the CUXA.
Reference herein to any specific commercial firm, commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the CUXA, the leadership team, staff, or the individual chapters of the CUXA.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact the CUXA using the following email address, firstname.lastname@example.org
Beginning May 25, 2018, the processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation (“GDPR”). This section provides information as relates to EU users’ rights, and CUXA’s responsibilities, under this regulation.
EU User Rights
If you are a CUXA member in the EU, you have the following rights with respect to CUXA’s handling of your personal information. To exercise these rights, please see below.
Users outside the EU may also request explanation, correction, deletion or copies of their personal data by emailing email@example.com.
a. Explanation and copies of your data
You have the right to request an explanation of the information that CUXA has about you and how CUXA uses that information.
You also have the right to receive a copy of the information that CUXA collects about you if collected on the basis of consent or because CUXA requires the information to provide the services that you request.
If CUXA has information about you that you believe is inaccurate, you have the right to request correction of your information or you can correct it yourself by updating your settings. Links can be found in any emails we send to you.
Users may request deletion of their personal details at any time. You can do this by unsubscribing from a mailing list, with a link found at the bottom of all emails we send to you. We may retain certain information about you as required by law and for legitimate business purposes permitted by law. This information is normally stored for seven years and cannot be used to contact you, or be shared with any other party
d. Objections and complaints
Users in the EU have the right to object to CUXA’s processing of personal data, including for marketing purposes based on profiling and/or automated decision making. CUXA may continue to process your information notwithstanding the objection to the extent permitted under GDPR.
Users in the EU also have the right to file a complaint relating to CUXA’s handling of your personal information with the Autoriteit Persoonsgegevens, the Dutch Data Protection Authority. Their contact information is as follows:
2509 AJ DEN HAAG
(+31) – (0)70 – 888 85 00
You may also submit questions, comments or complaints directly to the CUXA by email firstname.lastname@example.org.
Grounds for Processing
The GDPR requires that companies processing the personal data of EU users do so on the basis of specific legal grounds. As described below, CUXA processes the information of EU users based on one or more of the grounds specified under the GDPR:
a. The processing is necessary to provide the services and features you request
CUXA must collect and use certain information in order to provide its services. This includes:
Name and email address so a unique record is created to email you from our database. These emails should only ever contain information we believe you would find valuable and you are free to unsubscribe at any time.
b. The processing is necessary to protect the vital interests of our users or of others
CUXA may process personal information, including disclosing data with law enforcement authorities in case of threats to the safety of users or of others.
c. The processing is necessary for CUXA’s legitimate interests
CUXA collects and uses personal information to the extent necessary for its legitimate interests. This includes collecting and using information:
To inform law enforcement officials regarding criminal acts or threats to public safety.
To provide customer support.
d. The processing is necessary for the legitimate interests of other persons or parties
CUXA collects and uses personal information to the extent necessary for the interests of other persons or the general public. This includes sharing information in connection with legal or insurance claims, to protect the rights and safety of others.
CUXA may also process personal information when necessary in regards to a substantial public interest, on the basis of applicable laws.
CUXA may collect and use your information on the basis of your consent. You may revoke your consent at any time. If you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent.
CUXA relies on consent in connection with data collections or uses that are necessary to enhance the user experience. If you are an EU user, the following types of data collections or uses are done on the basis of your consent.