Terms of Use

These Terms of Use ("Terms") were last updated on September 14, 2018.

Spine Balance mission is to improve lives through learning. We enable anyone anywhere to create and share educational courses (instructors) and to enroll in these educational courses 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 and us. These Terms apply to all your activities on the The Spine Balance website, the The Spine Balance mobile applications and other related services (“Services”).

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 The Spine Balance.

 

You need an account for most activities on our platform, including to purchase and enroll in a course. 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 without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. 

If you share your account login credential with someone else, you are responsible for what happens with your account. 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 must be at least 18 years of age to create an account on The Spine Balance and use the Services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services, we will terminate your account. 

2. Course Enrollment and Lifetime Access

 

When you enroll in a course, you get a license from us to view it via the The Spine Balance Services and no other use. Don’t try to transfer or resell courses in any way. We grant you a lifetime access license, except when we must disable the course because of legal or policy reasons.

 

As a student, when you enroll in a course, whether it’s a free or paid course, you are getting from The Spine Balance a license to view the course via the The Spine Balance platform and Services, and The Spine Balance is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).

In legal, more complete terms, The Spine Balance grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated 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 a particular courses 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 course unless we give you explicit permission to do so in a written agreement signed by a The Spine Balance authorized representative. 

We generally give a lifetime access license to our students when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons. The lifetime access is not applicable to add-on features and services associated with a course, for example translation captions of courses may be disabled by instructors at any time, and an instructor may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. 

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 course, The Spine Balance offers a 14-day refund for course purchase.

 

3.1 Pricing

The prices of courses on The Spine Balance are in New Zealand dollars (NZD). In some instances, the price of a course offered on the The Spine Balance website may not be exactly the same as the price offered on our mobile applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.

We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course 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 to new users only.

3.2 Payments

You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. The Spine Balance works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. 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 course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.

3.3 Refunds

If the course you purchased is not what you were expecting, you can request, within 13 days of your purchase of the course, that The Spine Balance refund your account. No refund is due to you if you request it after the 13-day guarantee time limit has passed.

For whatever reason, if you are unhappy with a course, please let us know through the Contact Support form, or by requesting a refund. All refunds will be credited back via the card you used or your PayPal account. 

Reasons for Denied Refunds

While our 13 day refund policy is in place to protect students, we must also protect from fraud and provide a reasonable payment schedule. We will not process refund requests received after the refund window. The refund request will be rejected if all course content was downloaded before the refund was requested. Finally, students who purchase and refund multiple courses over an extended period may be subject to suspension for abuse of the refund policy.

At our discretion, if we believe you are abusing our refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms, you will not be eligible to receive any refund.

4. Content and Behavior Rules

 

You can only use The Spine Balance for lawful purposes. You’re responsible for all the content that you post on our platform. You should respect the intellectual property rights of others. We can ban your account for repeated or major offenses. 

 

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.

5. The Spine Balance’s Rights to Content You Post

When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize The Spine Balance 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 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 The Spine Balance for the syndication, broadcast, distribution, or publication of content on other media. 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 The Spine Balance at Your Own Risk

 

The Spine Balance do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. If you enroll a course, you rely on an information provided, at your own risk.

This also applies relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling, 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 enrollment in a course.

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. The Spine Balance’s Rights

 

We own the The Spine Balance platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content. You can’t tamper with those or use them without authorization.

 

All right, title, and interest in and to the The Spine Balance 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 are and will remain the exclusive property of The Spine Balance. Our platforms and services are protected by copyright, trademark, and other laws of both the New Zealand and foreign countries. Nothing gives you a right to use the The Spine Balance name or any of the The Spine Balance trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding The Spine Balance 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 The Spine Balance platform and Services:

  • access, tamper with, or use non-public areas of the platform, The Spine Balance’s computer systems, or the technical delivery systems of The Spine Balance’s service providers.

  • disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.

  • copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the The Spine Balance platform or Services.

  • access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.

  • in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as The Spine Balance); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

8. 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.

 

8.1 Binding Agreement

You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with The Spine Balance. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

Any version of these Term 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. 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.

8.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. 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. The Services and their content are provided on an “as is” and “as available” basis. We 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. We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will jurisdictions or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

8.3 Limitation of Liability

There are risks inherent into using our Services. You fully accept 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. We 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.

8.4 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 The Spine Balance, 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.

8.5 Governing Law and Jurisdiction

These Terms are governed by the laws of the New Zealand, NZ without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of federal and state courts in Christchurch, New Zealand.

8.6 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 (1) year after the cause of action has accrued. 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.

8.7 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

9. 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 New Zealand, your options are to go to small claims court or bring a claim in binding 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 applies only if you live in New Zealand. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.

10. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices, and The Spine Balance 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.

11. 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.

Christchurch, New Zealand

©2018 by The Spine Balance.

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