Terms
of Use
These
Terms of Use ("Terms") were last updated on March 30, 2024.
Please review these Terms carefully as they serve as an
enforceable contract between us and contain important information about your
legal rights, remedies, and obligations.
Hematech
Academy’s mission is to improve lives through learning. We enable anyone
anywhere to create and share educational content (instructors) and to access
that educational content to learn (students). We consider our marketplace model
the best way to offer valuable educational content to our users. We need rules
to keep our platform and services safe for you, us, and our student and
instructor community. These Terms apply to all your activities on the Hematech
Academy website, the Hematech Academy mobile applications, our TV applications,
our APIs, and other related services (“Services”).
If you publish a course on the Hematech Academy platform, you
must also agree to the Instructor Terms. We also provide details regarding our
processing of personal data of our students and instructors in our Privacy
Policy. If you are using Hematech Academy as part of your employer’s
Hematech Academy Business learning and development program, you can consult
our Hematech Academy Business Privacy Statement.
Our Instructor Terms, Privacy
Policy, and other Hematech Academy policies applicable to your use
of our Services are incorporated by reference into these Terms.
Our website and apps cause communications about your browsing
and app activities and app usage to be sent from you to third parties who
provide services to Hematech Academy. By using our Services, you consent to
these communications.
Table of Contents
·
2. Content Enrollment
and Lifetime Access
·
3. Payments, Credits,
and Refunds
·
4. Content and Behavior
Rules
·
5. Hematech Academy’s
Rights to Content You Post
·
6. Using Hematech
Academy at Your Own Risk
·
7. Hematech Academy’s
Rights
·
9. Miscellaneous Legal Terms
1. Accounts
You
need an account for most activities on our platform. Keep your password
somewhere safe, because you’re responsible for all activity associated with
your account. If you suspect someone else is using your account, let us know by
contacting our Support Team. You
must have reached the age of consent for online services in your country to use
Hematech Academy.
You
need an account for most activities on our platform, including to purchase and
access content or to submit content for publication. When setting up and
maintaining your account, you must provide and continue to provide accurate and
complete information, including a valid email address. You have complete
responsibility for your account and everything that happens on your account,
including for any harm or damage (to us or anyone else) caused by someone using
your account without your permission. This means you need to be careful with
your password. You may not transfer your account to someone else or use someone
else’s account. If you contact us to request access to an account, we will not
grant you such access unless you can provide us with the information that we
need to prove you are the owner of that account. In the event of the death of a
user, the account of that user will be closed.
You may not share your account login credentials with anyone
else. You are responsible for what happens with your account and Hematech
Academy will not intervene in disputes between students or instructors who have
shared account login credentials. You must notify us immediately upon learning
that someone else may be using your account without your permission (or if you
suspect any other breach of security) by contacting our Support Team. We may request some information
from you to confirm that you are indeed the owner of your account.
Students and instructors must be at least 18 years of age to
create an account on Hematech Academy and use the Services. If you are younger
than 18 but above the required age for consent to use online services where you
live (for example, 13 in the US or 16 in Ireland), you may not set up an
account, but we encourage you to invite a parent or guardian to open an account
and help you access content that is appropriate for you. If you are below this
age of consent to use online services, you may not create a Hematech Academy
account. If we discover that you have created an account that violates these
rules, we will terminate your account. Under our Instructor Terms, you may be requested to
verify your identity before you are authorized to submit content for
publication on Hematech Academy.
You can terminate your account at any time by contacting Support Team. Check our Privacy Policy to see what happens when
you terminate your account.
2. Content Enrollment and
Lifetime Access
When
you enroll in a course or other content, you get a license from us to view it
via the Hematech Academy Services and no other use. Don’t try to transfer or
resell content in any way. We generally grant you a lifetime access license,
except when we must disable the content because of legal or policy reasons or
for enrollments via Subscription Plans.
Under
our Instructor Terms, when instructors publish
content on Hematech Academy, they grant Hematech Academy a license to offer a
license to the content to students. This means that we have the right to
sublicense the content to enrolled students. As a student, when you enroll in a
course or other content, whether it’s free or paid content, you are getting a
license from Hematech Academy to view the content via the Hematech Academy
platform and Services, and Hematech Academy is the licensor of record. Content
is licensed, and not sold, to you. This license does not give you any right to
resell the content in any manner (including by sharing account information with
a purchaser or illegally downloading the content and sharing it on torrent
sites).
In legal, more complete terms, Hematech Academy grants you (as a
student) a limited, non-exclusive, non-transferable license to access and view
the content for which you have paid all required fees, solely for your
personal, non-commercial, educational purposes through the Services, in
accordance with these Terms and any conditions or restrictions associated with
the particular content or feature of our Services. All other uses are expressly
prohibited. You may not reproduce, redistribute, transmit, assign, sell,
broadcast, rent, share, lend, modify, adapt, edit, create derivative works of,
sublicense, or otherwise transfer or use any content unless we give you
explicit permission to do so in a written agreement signed by a Hematech Academy
authorized representative. This also applies to content you can access via any
of our APIs.
We generally give a lifetime access license to our students when
they enroll in a course or other content. However, we reserve the right to
revoke any license to access and use any content at any point in time in the
event where we decide or are obligated to disable access to the content due to
legal or policy reasons, for example, if the course or other content you
enrolled in is the object of a copyright complaint, or if we determine it
violates our Trust & Safety Guidelines. This lifetime access license does not apply
to enrollments via Subscription Plans or to add-on features and services
associated with the course or other content you enroll in. For example, instructors
may decide at any time to no longer provide teaching assistance or Q&A
services in association with the content. To be clear, the lifetime access is
to the course content but not to the instructor.
Instructors may not grant licenses to their content to students
directly, and any such direct license shall be null and void and a violation of
these Terms.
3. Payments, Credits, and
Refunds
When
you make a payment, you agree to use a valid payment method. If you aren’t
happy with your content, Hematech Academy offers a 30-day refund or credit for
most content purchases.
3.1 Pricing
The
prices of content on Hematech Academy are determined based on the terms of
the Instructor Terms and our Promotions Policy. In some instances, the
price of content offered on the Hematech Academy website may not be exactly the
same as the price offered on our mobile or TV applications, due to mobile
platform providers’ pricing systems and their policies around implementing
sales and promotions.
We occasionally run promotions and sales for our content, during
which certain content is available at discounted prices for a set period of
time. The price applicable to the content will be the price at the time you
complete your purchase of the content (at checkout). Any price offered for
particular content may also be different when you are logged into your account
from the price available to users who aren’t registered or logged in, because
some of our promotions are available only to new users.
If you are logged into your account, the listed currency you see
is based on your location when you created your account. If you are not logged
into your account, the price currency is based on the country where you are
located. We do not enable users to see pricing in other currencies.
If you are a student located in a country where use and sales
tax, goods and services tax, or value added tax is applicable to consumer
sales, we are responsible for collecting and remitting that tax to the proper
tax authorities. Depending on your location, the price you see may include such
taxes, or tax may be added at checkout.
3.2 Payments
You
agree to pay the fees for content that you purchase, and you authorize us to
charge your debit or credit card or process other means of payment (such as
Boleto, SEPA, direct debit, or mobile wallet) for those fees. Hematech Academy
works with payment service providers to offer you the most convenient payment
methods in your country and to keep your payment information secure. We may
update your payment methods using information provided by our payment service
providers. Check out our Privacy Policy for more details.
When you make a purchase, you agree not to use an invalid or
unauthorized payment method. If your payment method fails and you still get
access to the content you are enrolling in, you agree to pay us the
corresponding fees within 30 days of notification from us. We reserve the right
to disable access to any content for which we have not received adequate
payment.
3.3 Refunds and Refund
Credits
If the
content you purchased is not what you were expecting, you can request, within
30 days of your purchase of the content, that Hematech Academy apply a refund
to your account. This refund option does not apply to Subscription Plan
purchases, which are covered in Section 8.4 (Payments and Billing) below. We
reserve the right to apply your refund as a refund credit or a refund to your
original payment method, at our discretion, depending on capabilities of our
payment service providers, the platform from which you purchased your content
(website, mobile or TV app), and other factors. No refund is due to you if you
request it after the 30-day guarantee time limit has passed. However, if the
content you previously purchased is disabled for legal or policy reasons, you
are entitled to a refund beyond this 30-day limit. Hematech Academy also
reserves the right to refund students beyond the 30-day limit in cases of
suspected or confirmed account fraud.
If we decide to issue refund credits to your account, they will
be automatically applied towards your next content purchase on our website, but
can’t be used for purchases in our mobile or TV applications. Refund credits
may expire if not used within the specified period and have no cash value, in
each case unless otherwise required by applicable law.
At our discretion, if we believe you are abusing our refund
policy, such as if you’ve consumed a significant portion of the content that
you want to refund or if you’ve previously refunded the content, we reserve the
right to deny your refund, restrict you from other future refunds, ban your
account, and/or restrict all future use of the Services. If we ban your account
or disable your access to the content due to your violation of these Terms or
our Trust & Safety Guidelines, you will not be eligible to receive a
refund.
3.4 Gift and Promotional
Codes
Hematech
Academy or our partners may offer gift and promotional codes to students. Certain
codes may be redeemed for gift or promotional credits applied to your Hematech
Academy account, which then may be used to purchase eligible content on our
platform, subject to the terms included with your codes. Other codes may be
directly redeemable for specific content. Gift and promotional credits can’t be
used for purchases in our mobile or TV applications.
These codes and credits, as well as any promotional value linked
to them, may expire if not used within the period specified in your Hematech
Academy account. Gift and promotional codes offered by Hematech Academy may not
be refunded for cash, unless otherwise specified in the terms included with
your codes or as required by applicable law. Gift and promotional codes offered
by a partner are subject to that partner’s refund policies. If you have
multiple saved credit amounts, Hematech Academy may determine which of your
credits to apply to your purchase. Check out our Support Page and
any terms included with your codes for more details.
4. Content and Behavior
Rules
You can
only use Hematech Academy for lawful purposes. You’re responsible for all the
content that you post on our platform. You should keep the reviews, questions,
posts, courses and other content you upload in line with our Trust & Safety
Guidelines and the law, and respect the intellectual property rights
of others. We can ban your account for repeated or major offenses. If you think
someone is infringing your copyright on our platform, let us know.
You may
not access or use the Services or create an account for unlawful purposes. Your
use of the Services and behavior on our platform must comply with applicable
local or national laws or regulations of your country. You are solely
responsible for the knowledge of and compliance with such laws and regulations
that are applicable to you.
If you are a student, the Services enable you to ask questions
to the instructors of courses or other content you are enrolled in, and to post
reviews of content. For certain content, the instructor may invite you to
submit content as “homework” or tests. Don’t post or submit anything that is
not yours.
If you are an instructor, you can submit content for publication
on the platform and you can also communicate with the students who have
enrolled in your courses or other content. In both cases, you must abide by the
law and respect the rights of others: you cannot post any course, question, answer,
review or other content that violates applicable local or national laws or
regulations of your country. You are solely responsible for any courses,
content, and actions you post or take via the platform and Services and their
consequences. Make sure you understand all the copyright restrictions set forth
in the Instructor Terms before you submit any content for
publication on Hematech Academy.
If we are put on notice that your course or content violates the
law or the rights of others (for example, if it is established that it violates
intellectual property or image rights of others, or is about an illegal
activity), if we discover that your content or behavior violates our Trust
& Safety Guidelines, or if we believe your content or behavior
is unlawful, inappropriate, or objectionable (for example if you impersonate
someone else), we may remove your content from our platform. Hematech Academy
complies with copyright laws. Check out our Intellectual Property
Policy for
more details.
Hematech Academy has discretion in enforcing these Terms and
our Trust
& Safety Guidelines. We may restrict or terminate your permission to use our
platform and Services or ban your account at any time, with or without notice,
for any or no reason, including for any violation of these Terms, if you fail
to pay any fees when due, for fraudulent chargeback requests, upon the request
of law enforcement or government agencies, for extended periods of inactivity,
for unexpected technical issues or problems, if we suspect that you engage in
fraudulent or illegal activities, or for any other reason in our sole
discretion. Upon any such termination we may delete your account and content,
and we may prevent you from further access to the platforms and use of our
Services. Your content may still be available on the platforms even if your
account is terminated or suspended. You agree that we will have no liability to
you or any third party for termination of your account, removal of your
content, or blocking of your access to our platforms and services.
If a user has published content that infringes your copyright or
trademark rights, please let us know. Our Instructor Terms require our
instructors to follow the law and respect the intellectual property rights of
others. For more details on how to file a copyright or trademark infringement
claim with us, see our Intellectual Property Policy.
5. Hematech Academy’s
Rights to Content You Post
You
retain ownership of content you post to our platform, including your courses.
We’re allowed to share your content to anyone through any media, including
promoting it via advertising on other websites.
The
content you post as a student or instructor (including courses) remains yours. By
posting courses and other content, you allow Hematech Academy to reuse and
share it but you do not lose any ownership rights you may have over your
content. If you are an instructor, be sure to understand the content licensing
terms that are detailed in the Instructor Terms.
When you post content, comments, questions, reviews, and when
you submit to us ideas and suggestions for new features or improvements, you
authorize Hematech Academy to use and share this content with anyone,
distribute it and promote it on any platform and in any media, and to make
modifications or edits to it as we see fit.
In legal language, by submitting or posting content on or
through the platforms, you grant us a worldwide, non-exclusive, royalty-free
license (with the right to sublicense) to use, copy, reproduce, process, adapt,
modify, publish, transmit, display, and distribute your content (including your
name and image) in any and all media or distribution methods (existing now or
later developed). This includes making your content available to other
companies, organizations, or individuals who partner with Hematech Academy for
the syndication, broadcast, distribution, or publication of content on other
media, as well as using your content for marketing purposes. You also waive any
rights of privacy, publicity, or other rights of a similar nature applicable to
all these uses, to the extent permissible under applicable law. You represent
and warrant that you have all the rights, power, and authority necessary to
authorize us to use any content that you submit. You also agree to all such
uses of your content with no compensation paid to you.
6. Using Hematech Academy
at Your Own Risk
Anyone
can use Hematech Academy to create and publish content and instructors and we
enable instructors and students to interact for teaching and learning. Like
other platforms where people can post content and interact, some things can go
wrong, and you use Hematech Academy at your own risk.
Our
platform model means we do not review or edit the content for legal issues, and
we are not in a position to determine the legality of content. We do not
exercise any editorial control over the content that is available on the
platform and, as such, do not guarantee in any manner the reliability,
validity, accuracy, or truthfulness of the content. If you access content, you
rely on any information provided by an instructor at your own risk.
By using the Services, you may be exposed to content that you
consider offensive, indecent, or objectionable. Hematech Academy has no
responsibility to keep such content from you and no liability for your access
or enrollment in any course or other content, to the extent permissible under
applicable law. This also applies to any content relating to health, wellness,
and physical exercise. You acknowledge the inherent risks and dangers in the
strenuous nature of these types of content, and by accessing such content you
choose to assume those risks voluntarily, including risk of illness, bodily
injury, disability, or death. You assume full responsibility for the choices
you make before, during, and after your access to the content.
When you interact directly with a student or an instructor, you
must be careful about the types of personal information that you share. While
we restrict the types of information instructors may request from students, we
do not control what students and instructors do with the information they
obtain from other users on the platform. You should not share your email or
other personal information about you for your safety.
We do not hire or employ instructors nor are we responsible or
liable for any interactions involved between instructors and students. We are
not liable for disputes, claims, losses, injuries, or damage of any kind that
might arise out of or relate to the conduct of instructors or students.
When you use our Services, you will find links to other websites
that we don’t own or control. We are not responsible for the content or any
other aspect of these third-party sites, including their collection of
information about you. You should also read their terms and conditions and
privacy policies.
7. Hematech Academy’s
Rights
We own
the Hematech Academy platform and Services, including the website, present or
future apps and services, and things like our logos, API, code, and content
created by our employees. You can’t tamper with those or use them without
authorization.
All
right, title, and interest in and to the Hematech Academy platform and Services,
including our website, our existing or future applications, our APIs,
databases, and the content our employees or partners submit or provide through
our Services (but excluding content provided by instructors and students) are
and will remain the exclusive property of Hematech Academy and its licensors.
Our platforms and services are protected by copyright, trademark, and other
laws of both the United States and foreign countries. Nothing gives you a right
to use the Hematech Academy name or any of the Hematech Academy trademarks,
logos, domain names, and other distinctive brand features. Any feedback,
comments, or suggestions you may provide regarding Hematech Academy or the
Services is entirely voluntary and we will be free to use such feedback, comments,
or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the
Hematech Academy platform and Services:
8. Subscription Terms
This
section covers additional terms that apply to your use of our
subscription-based collections as a student (“Subscription Plans”). By
using a Subscription Plan, you agree to the additional terms in this section.
Note that use of Hematech Academy Business is not subject to these Terms, but
is instead governed by the agreement between Hematech Academy and the
subscribing organization.
8.1 Subscription Plans
During
your subscription to a Subscription Plan, you get a limited, non-exclusive,
non-transferable license from us to access and view the content included in
that Subscription Plan via the Services. With the exception of the lifetime
access license grant, the terms included in the “Content Enrollment and
Lifetime Access” section above apply to enrollments via Subscription Plans.
Your Subscription Plan may also include access to interactive
environments, such as workspaces (“Interactive Sessions”). Interactive
Sessions may be provided by a third party, subject to its own agreement or
terms and conditions, and subject to usage limitations outlined on our Support Page. You’re responsible for
complying with the terms and conditions of any third party provider.
The subscription that you purchase or renew determines the
scope, features, and price of your access to a Subscription Plan. You may not
transfer, assign, or share your subscription with anyone else.
We reserve the right to revoke any license to use the content in
our Subscription Plans for legal or policy reasons at any time and at our sole
discretion, such as if we no longer have the right to offer the content through
a Subscription Plan. Additional information on our right to revoke is included
in the “Content Enrollment and Lifetime Access” section.
8.2 Account Management
You may
cancel your subscription by following the steps outlined on our Support
Page. If you cancel your subscription to a Subscription Plan, your
access to that Subscription Plan will automatically end on the last day of your
billing period. On cancellation, you will not be entitled to receive a refund
or credit of any fees already paid for your subscription, unless otherwise
required by applicable law. For clarity, cancellation of a subscription does
not terminate your Hematech Academy account.
8.3 Free Trials &
Renewals
Your
subscription may start with a free trial. The duration of the free trial period
of your subscription will be specified during sign-up. Hematech Academy
determines free trial eligibility at our sole discretion and may limit access,
eligibility, or duration. We reserve the right to terminate the free trial and
suspend your subscription if we determine that you aren’t eligible.
We will charge the subscription fee for your next billing cycle
at the end of the free trial period. Your subscription will automatically renew
according to your subscription settings (e.g., monthly or annually) unless you
cancel your subscription prior to the end of the free trial period. For more
information on how to view applicable fees and dates of your free trial period,
visit our Support Page.
8.4 Payments and Billing
The
subscription fee will be listed at the time of your purchase. You can visit
our Support
Page to
learn more about where to find the fees and dates applicable to your
subscription. We may also be required to add taxes to your subscription fee as
described in the “Payments, Credits, and Refunds” section above. Payments are
non-refundable and there are no refunds or credits for partially used periods,
unless otherwise required by applicable law. Depending on where you are
located, you may qualify for a refund. See our Refund Policy for
Subscription Plans for additional information.
To subscribe to a Subscription Plan, you must provide a payment
method. By subscribing to a Subscription Plan and providing your billing
information during checkout, you grant us and our payment service providers the
right to process payment for the then-applicable fees via the payment method we
have on record for you. At the end of each subscription term, we will
automatically renew your subscription for the same length of term and process
your payment method for payment of the then-applicable fees.
In the event that we update your payment method using
information provided by our payment service providers (as described in the
“Payments, Credits, and Refunds” section above), you authorize us to continue
to charge the then-applicable fees to your updated payment method.
If we are unable to process payment through the payment method
we have on file for you, or if you file a chargeback disputing charges made to
your payment method and the chargeback is granted, we may suspend or terminate
your subscription.
We reserve the right to change our Subscription Plans or adjust
pricing for our Services at our sole discretion. Any price changes or changes
to your subscription will take effect following notice to you, except as
otherwise required by applicable law.
8.5 Interactive Session
Restrictions
You may
not do any of the following while accessing or using the Interactive Sessions:
These restrictions are in addition to those listed elsewhere in
these Terms, including in the “Content and Behavior Rules” and “Hematech
Academy’s Rights” sections above.
8.6 Subscription
Disclaimers
We make
no guarantees as to the availability of any specific content in any
Subscription Plan or as to any minimum amount of content in any Subscription
Plan. At any point in the future, we reserve the right to offer or cease to
offer additional features to any Subscription Plan, or to otherwise modify or
terminate a Subscription Plan at our sole discretion. We have no responsibility
to preserve or store the content inputted by you in connection with your use of
any Subscription Plan. These disclaimers are in addition to those listed in the
“Disclaimers” section below.
9. Miscellaneous Legal
Terms
These
Terms are like any other contract, and they have boring but important legal
terms that protect us from the countless things that could happen and that
clarify the legal relationship between us and you.
9.1 Binding Agreement
You
agree that by registering, accessing, or using our Services, you are agreeing
to enter into a legally binding contract with Hematech Academy. If you do not
agree to these Terms, do not register, access, or otherwise use any of our
Services.
If you are an instructor accepting these Terms and using our
Services on behalf of a company, organization, government, or other legal
entity, you represent and warrant that you are authorized to do so.
Any version of these Terms in a language other than English is
provided for convenience and you understand and agree that the English language
will control if there is any conflict.
These Terms (including any agreements and policies linked from
these Terms) constitute the entire agreement between you and us (which include,
if you are an instructor, the Instructor Terms and the Promotions Policy).
If any part of these Terms is found to be invalid or
unenforceable by applicable law, then that provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to
exercise a right in one case, it doesn’t mean we waive our rights under these
Terms, and we may decide to enforce them in the future. If we decide to waive
any of our rights in a particular instance, it doesn’t mean we waive our rights
generally or in the future.
The following sections shall survive the expiration or
termination of these Terms: Sections 2 (Content Enrollment and Lifetime Access),
5 (Hematech Academy’s Rights to Content You Post), 6 (Using Hematech Academy at
Your Own Risk), 7 (Hematech Academy’s Rights), 8.5 (Subscription Disclaimers),
9 (Miscellaneous Legal Terms), and 10 (Dispute Resolution).
9.2 Disclaimers
It may
happen that our platform is down, either for planned maintenance or because
something goes down with the site. It may happen that one of our instructors is
making misleading statements in their content. It may also happen that we
encounter security issues. These are just examples. You accept that you will
not have any recourse against us in any of these types of cases where things
don’t work out right. In legal, more complete language, the Services
and their content are provided on an “as is” and “as available” basis. We (and
our affiliates, suppliers, partners, and agents) make no representations or
warranties about the suitability, reliability, availability, timeliness,
security, lack of errors, or accuracy of the Services or their content, and
expressly disclaim any warranties or conditions (express or implied), including
implied warranties of merchantability, fitness for a particular purpose, title,
and non-infringement. We (and our affiliates, suppliers, partners, and agents)
make no warranty that you will obtain specific results from use of the
Services. Your use of the Services (including any content) is entirely at your
own risk. Some jurisdictions don’t allow the exclusion of implied warranties,
so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the
Services at any time and for any reason. Under no circumstances will Hematech
Academy or its affiliates, suppliers, partners or agents be held liable for any
damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance
of any of the Services caused by events beyond our reasonable control, like an
act of war, hostility, or sabotage; natural disaster; electrical, internet, or
telecommunication outage; or government restrictions.
9.3 Limitation of
Liability
There
are risks inherent to using our Services, for example, if you access health and
wellness content like yoga, and you injure yourself. You fully accept these
risks and you agree that you will have no recourse to seek damages against even
if you suffer loss or damage from using our platform and Services. In legal,
more complete language, to the extent permitted by law, we (and our
group companies, suppliers, partners, and agents) will not be liable for any
indirect, incidental, punitive, or consequential damages (including loss of
data, revenue, profits, or business opportunities, or personal injury or
death), whether arising in contract, warranty, tort, product liability, or otherwise,
and even if we’ve been advised of the possibility of damages in advance. Our
liability (and the liability of each of our group companies, suppliers,
partners, and agents) to you or any third parties under any circumstance is
limited to the greater of $100 USD or the amount you have paid us in the 12
months before the event giving rise to your claims. Some jurisdictions don’t
allow the exclusion or limitation of liability for consequential or incidental
damages, so some of the above may not apply to you.
9.4 Indemnification
If you
behave in a way that gets us in legal trouble, we may exercise legal recourse
against you. You agree to indemnify, defend (if we so request), and hold
harmless Hematech Academy, our group companies, and their officers, directors,
suppliers, partners, and agents from an against any third-party claims,
demands, losses, damages, or expenses (including reasonable attorney fees)
arising from: (a) the content you post or submit; (b) your use of the Services;
(c) your violation of these Terms; or (d) your violation of any rights of a
third party. Your indemnification obligation will survive the termination of
these Terms and your use of the Services.
9.5 Governing Law and
Jurisdiction
When
these Terms mention “Hematech Academy,” they’re referring to
the Hematech Academy entity that you’re contracting with. If you’re a student,
your contracting entity and governing law will generally be determined based on
your location.
Except in some cases as listed below, if you’re a student located
in India, you’re contracting with Hematech Academy India LLP and these Terms
are governed by the laws of India, without reference to its choice or conflicts
of law principles, and you consent to the exclusive jurisdiction and venue of
the courts in Delhi, India.
If you’re a student located in a geographical region other than
India, if you’re accessing our Services through one of our mobile applications
(such as Hematech Academy’s Android or iOS application) and payment is
processed through a mobile platform provider’s payment system, or if you’re
accessing our Services as an instructor, you’re contracting with Hematech
Academy, Inc. and these Terms are governed by the laws of the State of
California, USA without reference to its choice or conflicts of law principles.
9.6 Legal Actions and
Notices
No
action, regardless of form, arising out of or relating to this Agreement may be
brought by either party more than one year after the cause of action has
accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be
in writing and given by registered or certified mail return receipt requested,
or email (by us to the email associated with your account or by you to info@iihmt.org).
9.7 Relationship Between
Us
You and
we agree that no joint venture, partnership, employment, contractor, or agency
relationship exists between us.
9.8 No Assignment
You may
not assign or transfer these Terms (or the rights and licenses granted under
them). For example, if you registered an account as an employee of a company,
your account cannot be transferred to another employee. We may assign these
Terms (or the rights and licenses granted under them) to another company or
person without restriction. Nothing in these Terms confers any right, benefit,
or remedy on any third-party person or entity. You agree that your account is
non-transferable and that all rights to your account and other rights under
these Terms terminate upon your death.
9.9 Sanctions and Export
Laws
You
warrant that you (as an individual or as a representative of any entity on
whose behalf you use the Services) aren’t located in, or a resident of, any
country that is subject to applicable U.S. trade sanctions or embargoes (such
as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea, Donetsk, or Luhansk regions).
You also warrant that you aren’t a person or entity who is named on any U.S.
government specially designated national or denied-party list.
If you become subject to such a restriction during the term of
any agreement with Hematech Academy, you will notify us within 24 hours, and we
will have the right to terminate any further obligations to you, effective
immediately and with no further liability to you (but without prejudice to your
outstanding obligations to Hematech Academy).
You may not access, use, export, re-export, divert, transfer or
disclose any portion of the Services or any related technical information or
materials, directly or indirectly, in violation of any United States and other
applicable country export control and trade sanctions laws, rules and
regulations. You agree not to upload any content or technology (including
information on encryption) whose export is specifically controlled under such
laws.
10. Dispute Resolution
If
there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work
and you live in the United States or Canada, your options are to go to small
claims court or bring a claim in binding individual arbitration; you may not
bring that claim in another court or participate in a non-individual class
action claim against us.
This
Dispute Resolution section ("Dispute Resolution Agreement") applies
only if you live in the United States or Canada. Most disputes can
be resolved, so before bringing a formal legal case, please first try
contacting our Support Team.
10.1 Dispute Resolution
Overview
Hematech
Academy is committed to using its best efforts to resolve disputes with its
users, without the need for a formal legal claim to be filed. If an issue
arises between us, you and Hematech Academy agree to first work diligently and
in good faith to reach a resolution that’s fair and equitable to both sides
using the mandatory informal dispute resolution process described below. On
occasion, a third party may be necessary to help resolve our dispute. This
Dispute Resolution Agreement limits how these disputes can be resolved.
YOU AND HEMATECH ACADEMY AGREE THAT ANY AND ALL DISPUTES,
CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE
APPLICABILITY, BREACH, TERMINATION, VALIDITY, ENFORCEMENT, OR INTERPRETATION OF
THEM, OR TO THE USE OF THE SERVICES OR COMMUNICATIONS WITH HEMATECH ACADEMY
(COLLECTIVELY, “DISPUTES”) THAT ARE NOT RESOLVED INFORMALLY MUST BE ADDRESSED
SOLELY IN SMALL CLAIMS COURT OR BY BINDING INDIVIDUAL ARBITRATION AND AGREE TO
WAIVE THE RIGHT TO A JURY TRIAL AND TO FILE A CASE IN ANY OTHER COURT.
YOU AND HEMATECH ACADEMY FURTHER AGREE TO BRING CLAIMS AGAINST
EACH OTHER IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING WHETHER IN COURT OR IN
ARBITRATION.
You and Hematech Academy agree that this Dispute Resolution
Agreement applies to each of us as well as all of our respective agents,
attorneys, contractors, subcontractors, service providers, employees, and all
others acting for, or on behalf of, you and Hematech Academy. This Dispute
Resolution Agreement is binding on your and Hematech Academy’s respective
heirs, successors, and assigns, and is governed by the Federal Arbitration Act.
10.2 Mandatory Informal
Dispute Resolution Process
Before
filing a claim against each other, you and Hematech Academy must first
participate in the informal dispute resolution process described in this
section.
Failure to complete this process is a material breach of the
Terms, and no court or arbitrator shall have jurisdiction to hear or resolve
any Disputes between you and Hematech Academy.
10.3 Small Claims
Disputes
raised but not resolved through the mandatory informal dispute resolution
process can be brought in small claims court in: (a) San Francisco, California;
(b) the county where you live; or (c) another place we both agree on. We each
waive the right to bring any Disputes between us, in courts other than small
claims court, including courts of general or special jurisdiction.
10.4 Arbitration
As the
sole alternative to small claims court, you and Hematech Academy have the right
to resolve Disputes through individual arbitration. While there’s no judge or
jury in an arbitration, the arbitrator has the power to award the same
individual relief and must follow our agreement in the same way as a court. If
one of us brings a Dispute to a court other than a small claims court, the
other party can ask a court to require us both to go to arbitration. Either of
us can also ask a court to halt a court proceeding while an arbitration
proceeding is ongoing. To the extent that any cause of action or claim for
relief can’t be addressed in arbitration, you and Hematech Academy agree that
all court proceedings shall be paused pending the resolution in arbitration of
all arbitrable causes of action and claims for relief. Nothing in this Dispute
Resolution Agreement is intended to limit the individual relief available to
either of us in arbitration or small claims court.
If you and Hematech Academy disagree on whether a Dispute must
be arbitrated, the scope of the arbitrator’s powers, or the enforceability of
any aspect of this Dispute Resolution Agreement, the arbitrator alone shall
have, to the fullest extent permitted by law, the sole authority to address all
such disagreements, including but not limited to those concerning or related to
the formation, legality, interpretation, and enforceability of this Dispute
Resolution Agreement. This provision doesn’t limit the procedure for
challenging an improperly commenced arbitration.
Any court of competent jurisdiction will have the authority to
enforce the requirements of this Dispute Resolution Agreement and, if
necessary, enjoin the filing or prosecution of any arbitrations and the
assessment of fees for any arbitration or mediation not conducted under this
Dispute Resolution Agreement.
If the American Arbitration Association (“AAA”) or any
other arbitration organization or arbitrator is, for any reason, unable to administer
any arbitration required under this Dispute Resolution Agreement, you and Hematech
Academy shall negotiate in good faith on the substitution of another
organization or individual to handle the arbitration. If we can’t agree on an
alternative, you or Hematech Academy may petition a court of competent
jurisdiction to appoint an organization or individual to conduct the
arbitration in a manner consistent with this Dispute Resolution Agreement for a
cost comparable to that of the designated arbitration organization.
10.5 General Arbitration
Rules
The
arbitration process will differ depending on whether your claim is pursued
individually or as part of a Mass Arbitration (defined below). The general
arbitration rules outlined in this section (“General Arbitration Rules”)
shall control, except in the case of a Mass Arbitration.
10.7 Fees and Costs
You and
Hematech Academy agree that each party will bear its own costs and attorneys’
fees in the event of a dispute, provided, however, that either party may
recover fees and costs to the extent permitted by applicable law. If a court or
an arbitrator determines that an arbitration has been brought or threatened in
bad faith, or that the demand was frivolous or asserted for an improper
purpose, the court or arbitrator may, to the fullest extent permitted by law,
award attorneys’ fees to the party defending against the claim just as a court
could.
10.8 No Class Actions
Except
as expressly provided for in connection with the Mass Arbitration Rules, we
both agree that we can each only bring claims against the other on an
individual basis. This means: (a) neither of us can bring a claim as a
plaintiff or class member in a class action, consolidated action, or
representative action; (b) an arbitrator can’t combine multiple people’s claims
into a single case (or preside over any consolidated, class, or representative
action); and (c) an arbitrator’s decision or award in one claimant’s case can
only decide the disputes of that user, not other users. Nothing in this Dispute
Resolution Agreement limits the parties’ rights to resolve a Dispute by mutual
agreement through a class-wide settlement of claims.
10.9 Changes
Notwithstanding
the “Updating these Terms” section below, if Hematech Academy changes this
"Dispute Resolution" section after the date you last indicated
acceptance to these Terms, you may reject any such change by providing Hematech
Academy written notice of such rejection by mail or hand delivery to Hematech
Academy Attn: Legal, Coker House, G.B Coker Estate, Alausa Ikeja, Lagos Nigeria,
or by email from the email address associated with your Hematech Academy
account to info@iihmt.org, within 30 days of the date such change became
effective, as indicated by the "last updated on" language above. To
be effective, the notice must include your full name and clearly indicate your
intent to reject changes to this "Dispute Resolution" section. By
rejecting changes, you are agreeing that you will arbitrate any dispute between
you and Hematech Academy in accordance with the provisions of this
"Dispute Resolution" section as of the date you last indicated
acceptance to these Terms.
10.10 Improperly
Commenced Arbitration
If
either party believes that the other has initiated an arbitration in violation
of this Dispute Resolution Agreement, if such an arbitration is threatened, or
if either party has reason to believe an improperly commenced arbitration is
imminent, the party against whom the arbitration has been or will be initiated
may seek an order from a court of competent jurisdiction enjoining the
arbitration from being filed or continued, and awarding its fees and costs,
including reasonable attorneys’ fees, incurred in connection with seeking the order.
11. Updating These Terms
From
time to time, we may update these Terms to clarify our practices or to reflect
new or different practices (such as when we add new features), and Hematech
Academy reserves the right in its sole discretion to modify and/or make changes
to these Terms at any time. If we make any material change, we will notify you
using prominent means, such as by email notice sent to the email address
specified in your account or by posting a notice through our Services.
Modifications will become effective on the day they are posted unless stated
otherwise.
Your continued use of our Services after changes become
effective shall mean that you accept those changes. Any revised Terms shall
supersede all previous Terms.
12. How to Contact Us
The
best way to get in touch with us is to contact our Support Team.
We’d love to hear your questions, concerns, and feedback about our Services.
Thanks for teaching and learning with us!