Terms of Use

TERMS OF SERVICE

Effective date: [2020-05-23]

Welcome to ACUCHAT HEALTH SERVICE our service accessible via our domain located at https://acupressure.thinkific.com Our Terms of Use are a legal agreement between you and ACUCHAT HEALTH SERVICE . (also referred to herein as https://acupressure.thinkific.com ”, "us," "we"," Our Company"," Our websites") and these terms govern your use of our services, our website and other services we own, and we control. This page explains the terms by which you may use our Site and Software provided on or in connection with ACUCHAT HEALTH SERVICE. All Customers of our company basic services are subject to the terms and conditions contained in the User Agreement, you agree to these Terms and Conditions and therefore approve of our policies and other activities that have been stated in our Privacy Policy [PUT THE PRIVACY POLICY URL PAGE HERE]. In any case of disagreement with any of our services and our terms, you can discontinue the use of our services at any time.

BY CHECKING THE "I AGREE" BOX, OR BY CONTINUING TO USE THE SERVICES FOLLOWING OUR EFFECTIVE DATE OF POSTING OF THIS TERMS OF SERVICE ON THE WEBSITE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE, ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE FITNESS OF USING THE SERVICES DESCRIBED IN THE TERMS OF SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN IT AND HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (FOR EXAMPLE, YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS TERMS OF SERVICE. IN ADDITION, IF THIS TERMS OF SERVICE IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS TERMS OF SERVICE ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS TERMS OF SERVICE ON BEHALF OF SUCH ENTITY.

REGISTRATION

To have access to certain features of the Services, you'll have to create an account ("Account") with us via our website. It is essential that you provide us with accurate, complete and up-to-date Information for your Account and you agree to update such Information, as needed, to keep it accurate, complete, and up-to-date. If you do not comply, this might attract suspension or termination of your account with us. You understand and agree that you will not disclose your user account password or any other confidential data of your account to anyone and you'll notify us of any unauthorized/recognized use of your Account immediately. You are therefore, responsible for all activities that occur under your Account, whether authorized or unauthorized.

USE OF THE SITE

You understand and agree that, except for information, commodities (products or services) that are being identified as supplied by ACUCHAT HEALTH SERVICE , ACUCHAT HEALTH SERVICE do not operate, control or endorse any information, products or services on the Internet in any way, except for information, products or services that are identified to ACUCHAT HEALTH SERVICE , all information, products, and services offered through Iris Manna website or on the Internet generally are offered by third parties that are not affiliated with us. You also understand that we cannot and does not guarantee or warrant that files available for downloading through the Site will be free of defection, viruses, worms, Trojan horses, malware or other program/software that is significantly contaminating or destructive to the functionality of our website. You are solely responsible for executing sufficient procedures, technicalities and checkpoints to satisfy your particular requirements for data accuracy of input and output on your account, and also sustaining this means, external to the Site for the reconstruction of any lost data or materials whatsoever.

HYPERLINK

We do not make any representations whatsoever about any other external site or link which you may access through our site or which may link back to our site. When you accessing a website that is not our website but on our site, please understand that it is independent from iris manna, and that we have no control over the content on that web site. In addition, a link to our website does not mean that we endorses or accepts any responsibility for the content, or the use, of such hyperlink.

APPOINTMENT CANCELLATION

Online coaching Sessions may be rescheduled with 24-hour notice of the commencement of the sessions. Cancellations with less than 24-hour notice may forfeit the payment for that session if a replacement cannot be found at the time of subscription.

If you arrive for a session late, it might be shortened to end at the prearranged time and you will be charged for the full session for such coaching session.

REFUND POLICY

Due to the digital nature of products from our company, all ACUCHAT HEALTH SERVICE ’s digital/downloadable products are non-refundable. If you have any questions about any of these products, please email [email protected] before purchasing the product.

If you are unable to complete a session due to extenuating personal circumstances, you may be able to join the next available session. These circumstances will be handled on a person by person basis. In the event of the user’s absence or withdrawal, for any reason whatsoever, from the coaching program that they signed up for, the user will remain responsible for the professional session share of the program that has already been delivered, plus a cancelation fee of $100 CAD. The remainder will be refunded.

Severability

If any provision of this Agreement is determined to be invalid or unenforceable, the remainder shall be unaffected and shall be enforceable against both the ACUCHAT HEALTH SERVICE and user.

Entire Agreement

This Agreement supersedes and replaces all former agreements or understandings, oral or written, between ACUCHAT HEALTH SERVICE and users, except for prior confidentiality agreements users has agreed relating to information not covered by this Agreement.

GOVERNING LAW

These terms of Service shall be governed by provisional law of Canada which shall apply to both form and substance, notwithstanding the place of performance of the essential or ancillary obligations.

CHILDREN USE

By accepting these terms, you represent that you are or above the age of 18 years and that, in of age bracket, less than 18 years require the consent of legal or parental guidance to agree on the Agreement on your behalf.

If you have accepted these terms on behalf of another user [which might not satisfy the conditions for accepting the terms of use] or entity, you then represent that you have the legal authority to do so. Such entities or individuals also agree to be responsible for violation of any part of these terms and conditions.

CHANGES IN TERMS OF SERVICES

ACUCHAT HEALTH SERVICE reserve all rights to correct, change, amend, and make addition or subtraction and some other modification to any part of the conditions as mentioned above of use at any time at our sole discretion. We may send you a notification about these changes, but we, therefore, implore you to periodically look forward to a possible update to the terms of Service and ensure to read, understand and review them before continuing access to the Service of the platform. Because our Services are evolving, we may change or discontinue all or any part of the Services, at any time and without prior notice, at our sole discretion. The Terms and Conditions are determined to have been in effect since the updated date designated above. You may reject any changes by sending us written notice within 30 days of the date a change became effective, as indicated in the "Last Updated" date above or in the date of ACUCHAT HEALTH SERVICE 's email to you notifying you of any change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and ACUCHAT HEALTH SERVICE in accordance with accepting these Terms (or accepted any subsequent changes to these Terms).

CONTACT US

For more Information about our privacy practices, if you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, or if you wish to exercise your rights, we encourage you to contact our Data Protection Officer and Privacy Compliance Officer

Or our head office address at;

4027 114ST NW Edmonton Alberta,

Canada T6J2G7

Or our support mail at [email protected]

You have a right to lodge a complaint with your local data protection supervisory authority (i.e. your place of habitual residence, place of work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before your local supervisory authority

GENERAL TERMS AND LANGUAGE

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language for easier comprehension. We may translate this Terms of Service, our Privacy Policy, or any different operating rules, policies, and procedures that may be published from time to time on the Site into other languages for your convenience.

DOCTORS-PATEINTS TERMS AND GDPR

Effective date: [2020-5-23]

Welcome to ACUCHAT HEALTH SERVICE LTD our service accessible via our domain located at https://acupressure.thinkific.com Our Terms of Use are a legal agreement between you and ACUCHAT HEALTH SERVICE LTD . (also referred to herein as https://acupressure.thinkific.com ”, "us," "we"," Our Company"," Our websites") and these terms govern your use of our services, our website and other services we own, and we control. This page explains the terms by which you may use our Site and Software provided on or in connection with ACUCHAT HEALTH SERVICE LTD. All Customers of our company basic services are subject to the terms and conditions contained in the User Agreement, you agree to these Terms and Conditions and therefore approve of our policies and other activities that have been stated in our Privacy Policy [PUT THE PRIVACY POLICY URL PAGE HERE]. In any case of disagreement with any of our services and our terms, you can discontinue the use of our services at any time.

PATIENTS (USERS) TERMS

To access the Site, the User must first register and open an account on the website. The registration is only allowed to moral entities and physical persons over 18 years old, having the capacity to accomplish legal actions, under reserve, for the minors, to have beforehand the formal authorization of their legal guardian. The registration of a moral entity can only be realized by a physical person empowered to represent it, who must be nominated.

Any person that registers as a User on the Website commits to supply exact, updated and complete information and all other data (notably personal) that might be necessary to finalize and maintain the registration on the Site, notably a valid email address and all necessary complementary information to become user of our site. Each User commits also to update his account and to add without delay any modification concerning his information. Each User will be held sole responsible of any consequence that might result from the supply of invalid, erroneous or misleading information to ACUCHAT HEALTH SERVICE LTD and/or another User.

DOCTORS TERMS

ACUCHAT HEALTH SERVICE LTD’s site modalities is to host local Canadian acupuncturist that owns clinic, and patient can book online session/consultations through ACUCHAT HEALTH SERVICE LTD website. As well as sell acupressure healthcare products. Acupuncture appointment session must not be offered to patients outside ACUCHAT HEALTH SERVICE LTD site, any registered Doctor must agree that holding online acupuncture session online outside our site would leads to termination of contract between such doctor and ACUCHAT HEALTH SERVICE LTD, and ACUCHAT HEALTH SERVICE LTD has the right to charge them for further legal proceedings. Also direct contact details such as email address, phone number, business cards, etc, must not be exchange between Doctors and patient of our site.

All of the Doctors are independent of ACUCHAT HEALTH SERVICE LTD and merely using the Services to communicate with you. Any information or advice received from a Doctor comes from the Doctor, and not from ACUCHAT HEALTH SERVICE LTD. Your interactive session with the doctors via the Services are not intended to take the place of your relationship(s) with your regular health care practitioner(s).

Neither ACUCHAT HEALTH SERVICE LTD nor any of its licensors or suppliers or any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional Advice you obtain from a Doctor via the Service nor for any information obtained from our Services. You acknowledge your reliance on any Doctors or information provided by the Services is solely at your own risk and you assume full responsibility for all risk associated therewith.

We do not make any representations or warranties about the training or skill of any Doctors using the Services. You are ultimately responsible for choosing your particular Doctor on the Services.

You hereby certify that you are physically located in the State you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the doctor you access through the Services are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify us and our doctors you interact with from any resulting damages, costs, or claims.

Neither ACUCHAT HEALTH SERVICE LTD nor any of its licensors or suppliers shall be liable for any advice obtained from a Doctor using ACUCHAT HEALTH SERVICE LTD site. We do not recommend or endorse any specific Doctors, tests, medications, products, or procedures. All services or recommendations made by doctors are based on their independent professional judgment. The Doctors commits to respect the conditions and modalities of consultation (webinar) in place in his country and the User's country too, especially in terms of exchange, refunding and return fees responsibilities.

The Doctors commits to respect each and every point of the ACUCHAT HEALTH SERVICE LTD Doctor’s Chart scrupulously, with good faith and proactivity as much as possible. The Terms and Conditions implemented by the Doctors cannot be contrary to the applicable laws nor to the following Terms and Conditions, and only applies of the occurring case does not correspond to the stated rules, to those stated here or in the Doctor’s Chart.

In the case of opposition or difference between the Terms and Conditions of a shop and those of the Site, the Doctors commits to always respect the present and correct his, or he may face a site suspension or termination of contracts..

SALE PROCESS

To buy on the Site, you have to register beforehand as a User or register as a User at the time of the purchase.

The payment methods available on the Site are the following: through the secure credit card payment system implemented by ACUCHAT HEALTH SERVICE LTD via payment by PayPal. The transaction tracking can be done at any moment on the Website by the User, using his account. The reclamations, retraction rights use, refunding queries must be done by the Users to ACUCHAT HEALTH SERVICE LTD and the Doctors before the legal delay and up to 21 days maximum after the purchase. The transaction is recognized as closed automatically after 30 calendar days without confirmation or by the time the Users confirms the reception using his account

The claims, retraction rights and refund requests of the Users must be addressed to ACUCHAT HEALTH SERVICE LTD conformably to the reclamations and retraction right. The transaction will be considered closed 30 days after the expedition by the Doctors, except if there is a claim addressed by the Users.

REFUND/RETURN POLICY

Due to the digital non-tangible irrevocable nature of services from our company, ACUCHAT HEALTH SERVICE LTD do not issue refunds after an order for a doctor has been made. We expect our user to understand and agree to this before placing order on the site, however if you have any questions about any of these services, please email before subscribing to such Service.

If you are unable to complete a medical session with the doctor after order has been placed due to extenuating personal circumstances, you may be able to allow to ask for refund base on the following case;

User mistakenly added charged amounts to their existing balance on their account on the website, such user can apply for refund on such excess amount on your account.
User was mistakenly charged amounts to purchase/subscribe to a service on an additional service on the website.

These circumstances will be handled on a user to user basis. In the event of the user's absence or withdrawal, for any reason whatsoever, from the appointment/session with a doctor that they subscribed for, such user will remain responsible for the medical session share of the program that has already been delivered, plus a cancelation fee of $100CAD. The remainder will be refunded. We make our refund through the same payment gateway the user use to subscribe to the service and we make refund within 15 working days of the refund request has been submitted/granted.

PAYMENT AND BILLING INFORMATION

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and additional charges) (collectively, as appropriate, an "Order"). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or canceled. You must resolve any problem we encounter to proceed with your Order. In the event you want to change or update payment information associated with your account, you may reach out to our support group

You acknowledge that the amount billed may vary due to promotional offers or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.

ARBITRATION OF DISPUTES

It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this agreement were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration as provided by any applicable law, and not by a lawsuit or resort to court process except as the law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have such dispute decided in a court of law before a jury, and instead, are accepting the use of arbitration.

You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising out of or related to all treatment or services provided by ACUCHAT HEALTH SERVICE LTDs or physicians employed or engaged through ACUCHAT HEALTH SERVICE LTD, including a spouse or heirs and any children, whether born or unborn at the time of the occurrence giving rise to any claim. This includes, but is not limited to, all claims for monetary damages exceeding the jurisdictional limit of the small claims court, including, without limitation, suits for loss of consortium, wrongful death, emotional distress or punitive damages. You further understand and agree that if you sign this agreement on behalf of some other person for whom you have responsibility, then, in addition to myself, such person(s) will also be bound by this agreement to arbitrate, along with anyone else who may have a claim arising out of the treatment or services rendered to that person. You also understand and agree that this agreement to arbitrate relates to claims against ACUCHAT HEALTH SERVICE LTDs or physicians engaged through ACUCHAT HEALTH SERVICE LTDs site and any consenting substitute physician, as well as the physician's partners, associates, association, corporation or partnership, and the employees, agents, and estates of any of them. You also hereby consent to the intervention or joinder in the arbitration proceeding of all parties relevant to a complete settlement of any dispute arbitrated under this agreement.

You agree that the arbitrators have the same immunity from civil liability as that of a judicial officer when acting in the capacity of an arbitrator under this agreement to arbitrate. This immunity shall supplement, not supplant, any other applicable statutory or common law.

On behalf of yourself and all others bound by this agreement to arbitrate as outlined in this agreement is hereby given to be bound by the applicable law, as they may be amended from time to time, which Rules are hereby incorporated into this agreement.

CONTACT US

Or our head office address at;

4027 114ST NW Edmonton Alberta,

Canada T6J2G7

Or our support mail at [email protected]

GENERAL TERMS AND LANGUAGE