Terms and Conditions of peoplecare.global
Users of the Services offered by peoplecare.global acknowledge and accept these terms and conditions.
Owner of peoplecare.global and related Services
Oxygen Institute GmbH
Maienfeld 7304 GR
Information about peoplecare.global
The Service provided by the Owner allows the User to gain access to assessment tools and educational programs regarding mental, emotional, behavioural, relational, spiritual and financial health. As part of its Service, the Owner allows the User to create a membership and make these resources available to the people they serve.
Use of the online Services offered on peoplecare.global
Users are solely responsible for the use of hardcopy and online assessments, programs and services offered on peoplecare.global, the use of which are at their own risk and falls entirely under their responsibility. Any explanatory texts provided in correspondence of the available services by no means substitutes professional counsel or therapy, nor replace the assistance or advice of medical or mental health experts. Assessment tools and educational programs are merely intended to provide information on certain topics and is not exhaustive. Content is provided in good faith as to its accuracy and reflects the research, observations, opinions, views and understanding of the authors at one point in time. At no point should this information be taken as clinical therapy or professional counsel. Certain programs may present information about but is at no time indented to address pathology. For clinical advice, users should consult medical or mental health professionals in their region. The Owner is merely a provider of information and may not in any way be held responsible for such use that the User makes of the same, nor shall the Owner be responsible for the User’s giving advice, referrals or additional services.
Services provided by the User
Users are responsible for their own services offered to their staff, communities or clients. The Owner does not moderate the manner in which resources provided by peoplecare.global are utilised by Users or by third parties, but will act if complaints are received about Users or if orders are issued by the public authorities regarding services deemed offensive or illegal.
Rights over content
Peoplecare.global maintains full ownership of any and all intellectual property vested in any assessment tool or resources. All materials are copywrite protected. At no time are Users permitted to change, modify or vary assessment tools or program content in anyway. The scanning, uploading, and distribution via the Internet or via any other means of assessment tools and educational materials without authorisation, is illegal and punishable by law.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on peoplecare.global. The Owner is not responsible for the content provided by third parties or for its availability.
Services provided by third parties
Users may use third-party services or content included in peoplecare.global, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of peoplecare.global or by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice.
Responsibilities and duties of the User
The assessment tools and educational programs made available through peoplecare.global consists merely of providing Users with information to help Users equip and empower those they work with within the legal aspects of their own activities. It remains the exclusive responsibility of the User to ensure their operations are in accordance with the applicable rules. Any service or resource provided by peoplecare.global should be understood as an instrument of mere support of the User and under no circumstances replace the advice given by an expert. It’s the exclusive responsibility of the User to, in addition, ensure the safety and wellbeing of those they work with. The User is authorised by peoplecare.global to use the assessment tools and educational resources for the duration and validity of their subscription. Therefore, when the subscription ends, the User is obliged not to use and not to reproduce the any assessment tool or educational resource provided by the Owner in any way. Any reproduction in any form of the documents, if not authorized, is considered a violation of copyright of the Owner.
Appointment of peoplecare.global as processor
Users acknowledge and accept that by using the Services offered they are engaging peoplecare.global to process personal data as “processors” pursuant to the European personal data protection legislation. The conditions of engagement are determined by the DATA PROCESSING AGREEMENT attached to these terms. Such an agreement, of which the conclusion is required by law, therefore forms an integral and binding part of the contractual relationship between peoplecare.global and its Users.
Any order placed is an offer to purchase the Service. Orders are subject to availability and are accepted at the discretion of the Owner. Users must select the desired Service, choosing the type and duration that best suit them, and check-out only after having carefully verified the information contained in the Order Summary Form of the Order. The Order is placed on confirmation of the Order and is subject to payment of the amount charged in the Order Summary. The Order Processing Receipt does not constitute acceptance of the Order. The contract shall be concluded at the time of the Order Confirmation by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, should one or more of the Services purchased be unavailable. In this case, the Owner will notify the User about the unavailability of the Services purchased within 5 working days from order – to the email address associated with the purchase – and will provide for a refund of any amounts paid by the User. To place an order, Users must register on the site providing the requested data. The indicated prices include taxes, fees and charges of the law applicable. The Owner reserves the right to offer discounts and various promotions at any time. For more details on current promotions, the User is asked to contact the Owner via the contact information contained herein.
Some of the Services offered by peoplecare.global are available via recurring subscriptions. In this case, payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each payment cycle to maintain the benefits provided by the paid services.
Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for an equal period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then peoplecare.global may be forced to cancel their subscription when it runs out.
Automatic update of subscription plans
Some subscription plans available on peoplecare.global may be automatically updated in the event that the defined use thresholds as set forth in the User’s current plan are exceeded. In these cases, the subscription plan will be automatically updated to the level that fits the User’s needs in order to ensure the continuity of the provision of the Service. The methods of payment used correspond to the payment method the User has chosen for subscribing to the original plan. The User is obliged to check that these payment methods are valid in order to allow the automatic update of the subscription plan to function properly. If the payment methods chosen by the User result unfit or unsuitable for use, the Owner may be forced to suspend the provision of the Service. The User is free to turn off this automatic upgrade feature through the Service interface or by contacting the Owner. In this case, however, if the User exceeds the maximum use thresholds as set forth in the chosen subscription plan and fails to independently perform the update to the respective necessary plan, the Owner might be forced to suspend the provision of the Service. In any case, the Owner will attempt to do its best to alert the User via email upon approaching the maximum use thresholds and, therefore, about the need to update the current subscription plan.
Disabling the service, withdrawal and refund
Users may discontinue the Service at any time using the tools provided in the interface of peoplecare.global or by contacting the Owner directly. When disabled, Users are not allowed to claim for payments already made even if these relate to unused portions of the Service purchased. The Owner reserves the right, however, in its sole discretion and without involving charges or obligation to Users generally, to grant reimbursement in very exceptional cases after evaluating the specific circumstances of the case. In accordance with the right of withdrawal, the User may, within 14 days from the date of activation or payment of the Service, make a refund request, by sending notice to the Owner via the contact information provided in this document and including any information necessary to identify the purchase to which the claim relates. Refunds will be made within 14 days after receipt of the request using the same payment method involved during the original purchase. For more information or for assistance regarding a refund request, the User is asked to contact the Owner via the contact information provided on peoplecare.global.
Methods of payment
Peoplecare.global uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way. If the owner of any of such third-party tools refuses to authorize a payment, the Owner cannot provide the Service and will therefore not be liable for any delay or failure to deliver.
The duration of the Service is indicated at the moment of payment of the price and confirmed in the Order Confirmation email sent by the Owner.
Changing the payment plan
Users are free to change the chosen payment plan at any time. In case the User modifies their current payment plan, the portion of the previous plan that has not yet been used shall be converted into a bonus which can be applied to the plan the User is switching to, on a pro-rata basis and in the form of a free period. If a currency conversion is required, the exchange rate criteria set forth in the specific paragraph of the present document shall apply.
The exchange rate is the one established by the payment processor. In lack of such a rate, peoplecare.global will use the rate established by the Raiffeisen Bank of Switzerland at the moment of the relevant transaction.
The Service is provided “as is”
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow Users to withdraw their information held by the Owner.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of peoplecare.global and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
The Service shall be used only in accordance with these Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on peoplecare.global or any portion of it;
- circumvent any technology used by peoplecare.global or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through peoplecare.global;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of peoplecare.global or its content;
- rent, lease or sublicense any peoplecare.global service or resource;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- the User may not copy-paste or integrate any of the assessment tools or educational resources deviating from the instructions given by the Owner about how to incorporate the Templates themselves (e.g., using assessment tools or scripts other than those listed, etc.);
- use peoplecare.global in any other improper way that violates these Terms.
Intellectual property rights
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning peoplecare.global are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Users declare themselves to be adult according to their applicable legislation.
Limitations of liability
Oxygen Institute GmbH and all functions accessible through peoplecare.global are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User’s specific goals. All resources accessible through peoplecare.global are used by the Users at their own risk and under their own responsibility. The Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of peoplecare.global. Therefore, the Owner shall not be liable for:
- Any losses that are a not direct consequence of the breach of the Agreement by the Owner;
- Any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- Damages or losses resulting from interruptions or malfunctions of peoplecare.global due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner’s control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber-attacks, interruptions in the delivery of products, third party services or applications;
- Incorrect or unsuitable use of peoplecare.global by Users or third parties.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within peoplecare.global. Users who continue to use peoplecare.global after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to peoplecare.global must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed, and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Online dispute resolution for consumers
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link. The Owner is available for any questions via the email address posted under the Owner’s information in this document.
Definitions and legal references
Latest update: July 5, 2018
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