The Homeopathy Evolution is a service provider of a community and education platform as a service to homeopaths for homeopaths and students of homeopathy.
Welcome to The Homeopathy Evolution (T.H.E.)
This Terms of Use sets forth the Agreement between you and Evolve Homeopathy Australia (“we” or “us”) regarding your use of this social media education service
If you cannot agree to these Terms of Use, don’t use the Service or visit our Website.
1.Using the Service
A. How It Works
Our service enables people to participate in a community, make personal connections, create & purchase online courses, list events, and create groups with an international community of professional homeopaths and students of homeopathy. Members are invited to connect with each other, to message, and to exchange information and content including share posts and articles that may service the growth & professional development of the homeopathic community. Senior/experienced practitioners of homeopathy can sell courses and masterclasses on the practice & theory of homeopathy once they have submitted a minimum requirement of learning content such as articles and/or free live/information workshops, providing an opportunity for homeopaths to earn from the sale of their courses and masterclasses.
B. Who can use T.H.E.?
You must be at least the age of majority in the state or country where you live, and be a student or qualified homeopath to participate in T.H.E. or use the Website.
C. Registration
You will set up an account and profile with T.H.E. when you register. We treat registration information according to our Privacy Policy. Your name and contact information will be made available to The Homeopathy Evolution. You are responsible for maintaining the confidentiality of your password.
D. Privacy
Our privacy practices are set forth in our Privacy Policy, which is part of this Agreement. By joining T.H.E, you are sharing personally identifiable information with other Members, and us. When you visit our Website, you are sharing personally identifiable information with us.
E. Acceptable Use
When you join T.H.E. you agree to follow the Mighty Networks Acceptable Use Policy at all times. We reserve the right, but have no obligation or liability for, monitoring any interactions with other Members or teachers of the Service. You may submit a complaint or concern about another Member or Teacher to admin@evolvehomeopathy.org
F. Termination
You may close your account at any time by going to account settings and cancelling your account. We may terminate your account if you violate the T.H.E. Acceptable Use Policy or for any other reason. We may suspend your use of the Service or the Service at any time for any reason, without any notice.
G. Feedback
We welcome your feedback and suggestions about how to improve T.H.E.. Submit feedback at admin@evolvehomeopathy.com By submitting feedback, you agree to grant us the right to use it for free.
2. Your Content
You keep complete ownership of all content and activity in your profile, articles. You give us permission to run your articles and courses. Make sure you have permission to use content that you post on The Homeopathy Evolution. By submitting content, professional articles, masterclasses and courses you are declaring that this is your content and you have permission to share it.
A. Your Content.
All material that you upload, publish or display to others via T.H.E. is “Your Content,” unless provided for otherwise by T.H.E.. The Service enables you to add posts, articles, photos, videos, questions, polls, links, files, events, groups, participate in livestream events, and chat with other Members. Material that a Member uploads, publishes, or displays to others via T.H.E. is “User Generated Content”. Your Content, including User Generated Content, does not include Your Data (defined below).
B. Your Content License to Use.
You (and the people you license Your Content from) keep complete ownership of all Your Content. By posting Your Content on the Service, you grant us a license to show it on T.H.E. but you and your licensors still own it.
In legalese: In connection with your use of the Service, you hereby grant and will grant Evolve Homeopathy and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use Your Content in connection with the operation of the Service in any form, medium or technology now known or later developed, including publication and use on any Integrated Services (as defined below). This license includes the right for us to make Your Content available and sublicense rights to other entities and individuals who partner with us in the delivery of the Service, including the right of the T.H.E. to move Your Content to another platform. If you provide a course or masterclass that is Paid, Private or Secret, rather than Public, only we, T.H.E. and Members who are invited to join that course will be able to see Your Content that you post on that Network. T.H.E. may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Evolve Homeopathy, its Users and the public. The technical processing and transmission of Your Content may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices.
C. Respect Rights in other’s User Generated Content.
As T.H.E. Members, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit User Generated Content without the prior written permission of the User Generated Content owner. T.H.E. Members, visitors, and teachers may not use User Generated Content in connection with: (1) the development of any software program, including but not limited to, training a machine learning or artificial intelligence (AI) system; or (2) providing archived or cached data sets containing User Generated Content to another person or entity. Except for a public search engine’s use of spiders for creating search indices, you may not use robots, spiders, scripts, services, software or any manual or automatic device, tool, or process designed to data mine or scrape the User Generated Content, data or information from the Services, or otherwise use, access, or collect the User Generated Content, data or information from the Services using automated means.
D. Your Data
T.H.E. owns the list of Member emails and contact information and will use it to provide the Service. If you are a teacher, you own the list of student emails and contact information (“Student List”)
E. Acceptable Use
You agree to follow T.H.E.’s Acceptable Use Policy. If you are a Teacher, you agree to respect commitments made to Members of your T.H.E. about use of the Membership List, as further described in Section 5. You accept responsibility if Your Content violates the intellectual property or personal rights of others. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any of Your Content. We are not obligated, but reserve the right, to remove or suspend, in whole or part, Your Content that violates T.H.E.’s Acceptable Use Policy.
3. Service Materials
A. Service Materials
All right, title, and interest in the Service and the Website, including the T.H.E. buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Your Content, User Generated Content, Your Data, third-party web services or third-party content linked to or posted within the Service) (collectively “Service Materials”) are the property of Evolve Homeopathy and/or its licensors. We retain all right, title, and interest in and to the Service Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Service Materials without our express written permission.
B. Our Licenses to You.
Subject to these terms, including our Mighty Networks Acceptable Use Policy, we grant you a limited, non-exclusive license to use and access the Service Materials and the Service, as well as the Website. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
C. No Endorsement or Screening.
Please note that the Service contains access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within T.H.E, or the conduct of parties who participate in T.H.E.
4. Rights and Obligations of Hosts
A. Emails and Contact Information of Members
The name and contact information of Members who register to join a specific T.H.E. course might become available to that T.H.E. teacher in order to facilitate communications. A teacher may use the Membership List solely to communicate with a Member for purposes related to the course or the reasonably assumed interests of the Member who has joined the course. A Host agrees not to: i) sell the Membership List to a third-party, or ii) or use or disclose it for commercial purposes unrelated to T.H.E. or the interest of Member who joined T.H.E..
B. Representation and Warranty of Hosts
If you are a Teacher, it is important for you to respect and honor the trust of Members who join the T.H.E. course you created. If you are a Teacher, you represent and warrant that, in your communications with Members and handling of Your Data, you: i) will comply with all applicable laws and regulations; and ii) will honor the restrictions set forth in Section 5(a). If you are a Teacher, you also represent and warrant that all advertising, sponsorships, and promotions you introduce to your course will comply with all applicable laws, regulations, and industry guidelines, including but not limited to the FTC December 2015 guidance regarding native advertising. If you are a Teacher with Members in the European Union or UK, or other jurisdiction that requires opt-in consent before sending email, you represent and warrant that you have obtained user consent prior to sending emails outside of the Service, as EU law requires opt-in consent for emails. You must provide a means of opting-out of any emails.
C. Takedown Assistance
In the event that a party misdirects a takedown request directly to the Teacher (within or outside of the Service), the Teacher will redirect the takedown request directly to admin@evolvehomeopathy.org within two (2) business days.
5. Learning Programs
A. Fees
If you select a portion of the Service for which a fee applies (“Learning Programs”), you agree to pay the applicable fee when you sign up. For a Learning Program, you will be required to select a payment plan and instrument for payment. For Learning Programs, additional terms may apply, and you may be asked to agree to additional terms by separate agreement.
B. No Refund at Termination
i. If you as a student terminate your Learning Program, we will not refund any payment for your unused Learning Program.
ii. If we terminate your Learning program for violation of the terms of this Agreement or our policies, we will not refund any amount paid for the unused Learning Program.
iii. If you are a Member and your teacher terminates your Learning Program, or you terminate your subscription yourself, we will not refund any amount paid for the unused Learning Program.
6. Disclaimers and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF EVOLVE HOMEOPATHY ENTITIES TO YOU. “EVOLVE HOMEOPATHY” MEANS EVOLVE HOMEOPATHY, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
A. WE ARE PROVIDING YOU THE SERVICE, ALONG WITH SERVICE MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EVOLVE HOMEOPATHY. ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
B. EVOLVE HOMEOPATHY. MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY MEMBER, HOST, OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, HOST, OR MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. MIGHTY SOFTWARE, INC. MAKES NO WARRANTY THAT (a) THE SERVICE OR ANY MIGHTY NETWORK WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, OR ANY MIGHTY NETWORK, WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY MIGHTY NETWORK, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.
C. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, EVOLVE HOMEOPATHY ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT EVOLVE HOMEOPATHY ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR THE WEBSITE.
D. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
E. WITHOUT LIMITING THE FOREGOING, EVOLVE HOMEOPATHY MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO T.H.E. IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
7. Indemnification
You agree to release, indemnify, and defend Evolve Homeopathy Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of Service, ii) Your Content, iii) your conduct or interactions with other Teachers or Members of the Service, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim, and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense, and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
You also agreed to release, indemnify, and defend your Hosts and Members from all third-party claims and costs arising out or related to: i) your use of the Service, ii) Your Content, iii) your conduct or interactions with Teachers or Members, or iv) your breach of any part of this Agreement.
8. General Legal Terms
A. Changes to these Terms
We may amend this Agreement (including any policies, such as the Privacy Policy and T.H.E.’shttps://evolvehomeopathy.org/acceptable-use-policy/ Acceptable Use Policy, that are incorporated into this Agreement) at any time in our sole discretion. If we materially amend the terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion and manner of notification could include, for example, via email, posted notice on the Service, or other manner. Your failure to cancel your account, or cease use of The Homeopathy Evolution, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of The Homeopathy Evolution.
B. Governing Law and Jurisdiction
You agree that T.H.E. is operated in Australia and will be deemed to be solely based in New South Wales and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court within the Australian Legal System
C. Contact
Feel free to contact us at admin@evolvehomeopathy.org with any questions about these terms.
D. Agreement to Terms
When you use the Service, you agree to the terms of use set forth in this agreement (including the Privacy Policy and T.H.E.’s Acceptable Use Policy, regardless of whether you are a registered user.
E. Changes to the Service
We are always trying to improve your experience on the Service. We may need to add or change features and may do so without notice to you.