INTERNATIONAL POLARITY EDUCATION ALLIANCE
TERMS AND CONDITIONS FOR THE INTERNATIONAL POLARITY EDUCATION ALLIANCE WEBSITE
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH THE INTERNATIONAL POLARITY EDUCATION ALLIANCE (IPEA) (IPEA, “US”, “WE”) PROVIDES YOU WITH ACCESS TO AND USE OF THE IPEA WEB SITE THROUGH WWW.POLARITYEDUCATION.ORG AND .NET (“WEBSITE”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY USING THE WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE WEBSITE.
IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF THEY WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR FUTURE REFERENCE.
THESE TERMS MAY BE SUBJECT TO CHANGE, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS FROM TIME TO TIME AND BEFORE REGISTERING WITH THE WEBSITE.
The General Conditions shall be applicable to all Users of the Website.
IMPORTANT NOTICE: Clients of the Therapist location Service will enter into a contract directly with Therapists for the provision of the Therapist Services listed on the Website. The International Polarity Education Alliance is not a party to that contract, and Clients and Therapists will be separately responsible and liable to one another under the terms of that contract.
SECTION A: GENERAL CONDITIONS
1. DEFINITIONS
The following words and expressions shall have the following meanings:
“Account” means the account that Therapists set up when registering their details on the Website;
“Client” means a person or business who books the Therapist Services;
“Content” means all information created by Therapists, submitted to and/or published by the International Polarity Education Alliance on the Website including, without limitation, articles, video, audio, messages, profiles, qualifications, accreditations and ratings;
“Contract” means the contract between the International Polarity Education Alliance and the Therapist in respect of the Therapist’s Use of the Website to market the Therapist Services and which incorporates these Terms;
“Intellectual Property Rights” means all intellectual property rights including without limitation, patents, trade and service marks, trade names, domain names, rights in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
“Listing” means the creation of a Listing detailing the Therapist Services on the Website;
“Listing Information” means the information provided in relation to a Listing, which includes, without limitation, an accurate description of the Therapist Services;
“Login Details” means the usernames and passwords used by the Therapists to access the Account on the Website;
“Network” means the electronic communications network used to provide the Website;
“Privacy Statement” means such policy in relation to data protection and privacy as is displayed on the Website from time to time;
“Profile” means information, including without limitation, the name, address, accreditations and company details (where applicable) relating to Therapists (which may or may not be fully accessible by other Users) held by the International Polarity Education Alliance and published on the Website;
“Purpose” means to copy, display, distribute, sub-licence, host, retain for archiving purposes, publish for the International Polarity Education Alliance's own business purposes, including but not limited to purposes in respect of the Therapist Services and/or the Website;
“Therapist” means a person or business registered with the International Polarity Education Alliance, who is given an Account by the International Polarity Education Alliance and is offering to supply Therapist Services to Clients on the Website;
“Therapist Services” means the therapy sessions being supplied by Therapists to the Client;
“Use” means having access to the Website and “Using” shall be construed accordingly;
“User” means all who access the Website.
2. INFORMATION ABOUT the International Polarity Education Alliance
2.1 This Website (and its domain name) is owned and managed by the International Polarity Education Alliance.
2.2 The Website is in part an online marketplace offering Clients the opportunity to make contact with therapists who are registered with a professional association in therapy as well as an educational resource.
2.3 Therapists register their details on the Website, which are then available for Clients to view and make contact with.
2.4 the International Polarity Education Alliance maybe contacted at [email protected] and by phone on +1-202-657-4033 or +353 86 3252645
3. ACCESS TO THE WEBSITE
3.1 Users must be:
where an individual, eighteen (18) years old or over; legally capable of entering into binding contracts; and
not in any way prohibited by the applicable law in the jurisdiction which they are currently located to enter into these Terms, to Use the Website.
4. FORMATION OF THE CONTRACT BETWEEN THERAPISTS AND THE INTERNATIONAL POLARITY EDUCATION ALLIANCE
4.1 The date for the commencement of your contract with Us shall be determined as follows:
If you are a User, then upon your first Use of the Website; or If you are a Therapist, then upon the date that we provide you with the Login Details and such Contract shall be terminated in accordance with clause 11 or 26 hereunder.
4.2 Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for any reason whatsoever to:
accept or reject the Therapist’s application as a Therapist; and/or refuse you access to the Website
5. OUR OBLIGATIONS
5.1 Our ability to make available the Website may be impaired by conditions or circumstances that are beyond our control, including, without limitation, third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of personal computer operating system and the number of other Users logging onto the Website, server and Network at the same time.
5.2 The International Polarity Education Alliance relies on third party providers (such as network providers, data centres and telecommunication providers) to make the Website available. Whilst the the International Polarity Education Alliance takes all reasonable steps available to it to provide a good level of service, Users acknowledge and agree that the International Polarity Education Alliance does not warrant that the Website shall be uninterrupted or fault-free at all times. The International Polarity Education Alliance therefore shall not be liable in any way for any losses suffered as a result of delays or failures of the Therapist Services and Website as a result of the International Polarity Education Alliance service providers.
5.3 The International Polarity Education Alliance shall be entitled at its own discretion to suspend or make changes to the Website (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Website, including but not limited to preventing the sale or purchase of the Therapist Services.
6. YOUR OBLIGATIONS TO US
6.1 You shall comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations.
6.2 You hereby warrant and undertake to us that you have the legal capacity to enter into these Terms and shall at all times:
not use the Login Details with the intent of impersonating another person;
if you are a Therapist, not allow any other person to use your Login Details;
not use the information presented on or obtained using the Website or derived from the Therapist Location Service for any purposes other than those expressly set out in these Terms;
not do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the Network;
comply with instructions issued by the International Polarity Education Alliance from time to time relating to the Website;
co-operate with reasonable security or other checks or requests for information made by the International Polarity Education Alliance from time to time;
not use the Website and not do anything that will infringe any Intellectual Property Rights or other rights of any third parties, including without limitation, posting any information on the Website which may be deemed to be obscene, defamatory, libelous or slanderous, or which may cause injury to, invade the privacy of or otherwise violate other rights of any person;
not use any information obtained using the Website otherwise than in accordance with these Terms;
contact us immediately via email at [email protected] or by telephone on +1-202-657-4033 if fraudulent, unlawful or illegal use of the Website is suspected;
notify the International Polarity Education Alliance immediately of any circumstances where any Intellectual Property Rights or any other rights of any third party may have been infringed;
use the information retrieved from the Website at your own risk and that you shall be solely responsible for any illegal conduct, infringement of any third-party Intellectual Property Rights and/or any breaches in any applicable laws and legislations;
not do anything which involves the transmission of junk mail, chain letters, unsolicited mass mailing, instant messaging, “spimming” or “spamming”; and comply with all applicable laws, regulations and legislations in respect of your Use of the Website.
6.3. For the avoidance of doubt, you shall at all times be fully liable for the breach of any of these Terms by a third party to access the Website.
6.4 The International Polarity Education Alliance reserves the right, at its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the terms set out in this clause 6.
7. USER SUBMITTED CONTENT
7.1 No Content shall be submitted of any nature on the Website which is or may be construed to:
promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
harass or advocate harassment of another person;
display pornographic or sexually explicit material of any kind;
promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
promote any illegal activities including but not limited to violating someone else’s privacy or providing or creating computer viruses;
infringe the rights (including the intellectual property rights) of any third party;
false or misleading; and
solicit a password or any other personally identifying information from other Users of the Website and/or Therapist Services for unlawful and illegal purposes.
7.2 The International Polarity Education Alliance has the sole and absolute discretion to modify, edit, vary, or re-format the Contents on its Website.
7.3 Users warrant and undertake to us that they will contact the International Polarity Education Alliance at [email protected] immediately if they consider any Content submitted by another User to breach any of the Terms herein.
7.4 If Users feel that any Content submitted by another User is objectionable, please contact us at [email protected]. The International Polarity Education Alliance shall use its reasonable endeavours to review the relevant Content as soon as it is practicable and shall take such action as it deems necessary, if any at all.
8. INTERACTIONS WITH OTHER USERS
8.1 The Website is designed to connect Clients with Therapists and permit Clients to enquire about accessing therapy by using the therapist location and contact details. It is also an educational resource for therapists.
8.2 Users acknowledge and agree that we only provide access to the Website. We are not involved or a participant, in any way, in respect of any contact, (face-to-face or otherwise), therapy sessions or contracts between Clients and Therapists.
8.3 Consequently, Clients acknowledge and agree that we shall not be liable in any way and for any reason whatsoever in respect of any relationship with the Therapist.
8.4 We recommend that Clients and Therapists take all reasonable care when arranging any meeting or otherwise with one another.
8.5 You acknowledge that The International Polarity Education Alliance does not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of any Therapists. Also, whilst all therapists undergo an approval process (KYC model) before being listed we are not able to verify the correctness and completeness of any Therapists’ profiles. Consequently, all such Therapists’ information and Content available on the Website is provided “as is” and Clients agree that any use made of such content shall be strictly at their own risk. We recommend that you do not rely solely on such information in making or refraining from making a decision or to embark on a specific course of action.
8.6 We do not guarantee or warrant that Therapists will receive enquiries, responses or otherwise generate business as a result of the Website, or achieve any result whatsoever through their use of the Website.
8.7 Clients acknowledge and agree that they are solely responsible for all communication with, and any subsequent dealings with, other Therapists.