TERMS OF USE

Welcome to https://ivw.4c4.myftpupload.com, the official website (“site”) For Pacific Audiology Group Ltd. (Incorporated in British Columbia Canada #BC1292223) (“PAG”). The parties to this agreement include “PAG” which we may refer to as “we” or “us” and the visitor to the site who we may refer to as “user” or “you”. By using this website, you agree to be bound by these terms of use. By accessing, viewing or using this site you acknowledge that you have read, understood, and agree with these terms.

As used in these Terms of Use, the term “this website” includes our home page located at www.pacificaudiologygroup.com.com, the subdomains courses.pacificaudiologygroup.com and shop.pacificaudiologygroup.com, all other web pages which (1) we own, (2) we control, directly or indirectly, and (3) are linked, directly or indirectly, to this home page. The term “this website” also includes all website products and services. The term “content” is any and all text, graphics, or other multimedia material within the body of any web page that is part of this website.

PAG provides online and in-person education and training on hearing healthcare related topics. This training/education is designed for certified or licensed practicing health care professionals. We do this through a variety of formats including online courses, in person courses, blogs, podcasts and other formats. The Site is offered and available to users who are 18 years of age or older, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements.

  1. User Warranties
    • In order for you to use certain areas of this website, specifically those to take online courses or registered for in-person courses, we require that you register, create a user or member name, create a password, or otherwise log in with your email address or with a user or member name which you select. In the event that your use of or participation in any portion of this website requires that you register, create a user or member name, create a password, or otherwise log in with your email address you agree:
      • As a user you warrant that you will not use, a user or member name or email address which belongs to anyone other than you or which is subject to the rights of any person other than you.
      • As a user you warrant that you will not use a user or member name in violation of the intellectual property rights of any person.
      • As a user you warrant that you will not use a user or member name that PAG, in its sole discretion, deems offensive.
      • As a user you warrant that you are not an acting as an agent or employee of any other education organization and are using the site and materials solely for the purpose your professional education.
      • You shall take any and all actions necessary to maintain the privacy of your password.
  2. Non-Transferable
    • You acknowledge that the right to use this website and any other product or service offered by PAG, is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity, except upon the express written consent of PAG. Any attempt to transfer your rights under these Terms of Use without the express written consent of PAG is void and shall constitute a breach of these Terms of Use. PAG will not assign or transfer its rights under these Terms of Use without your consent.
    • All courses are intended to be purchased on a per-individual basis. PAG reserves the right to disable access to the course without warning for accounts accessing the course from several IP addresses, and/or multiple devices accessing the course simultaneously.
    • If you, as a user, purchase materials from this site or PAG while outside of Canada, you may not use or access the materials while in Canada.
  3. Accreditation
    • This course does not independently or automatically certify you are able to legally practice any procedures taught or described in its contents in your profession or geographical region. We do provide a certificate of participation within the course, for students who achieve completion. As federal, state, and provincial regulatory bodies have varying standards for accepted programs of study, please check with your regulatory body to confirm whether this course meets their requirements.
  4. Use of Any Communication Forums
    • This Website may include bulletin boards, chat rooms, or other message or communication facilities. You are solely responsible for any information you post in any communication facility made available in, on, or through this website. No material shall be posted in, on, or through this Website that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, reflects negatively on us, or is otherwise objectionable, gives rise to civil liability, or otherwise violates any law, or that encourages conduct that would constitute a criminal offence. If PAG is notified that a message posted in, on, or through this Website violates the legal rights of others or the stated guidelines for posting messages, PAG shall have the right to remove the message in our sole discretion. Such a posting will also constitute breach of these Terms of Use.
    • This website shall not be used to solicit other persons to become users of services competitive to PAG. Advertising or commercial solicitation may only be posted in, on, or through this Website with PAG’s express prior approval.
    • You agree not to upload, post, or otherwise make available any material protected by copyright, trademark, or other proprietary right on this website, without the express permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining that any material is not protected by copyright, trademark or other proprietary right rests on you. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any uploading, posting, or submission. You agree to indemnify PAG and will be solely responsible for any and all damages arising from the uploading, posting, or otherwise making available any material protected by copyright, trademark, or other proprietary right on this website.
    • You agree not to upload files to this Website that contain viruses, corrupted files, or other similar software or programs that may damage the operation of another person’s computers, software, websites, or network. You agree to indemnify PAG and will be solely responsible for damages arising from any claims that files posted by you caused damage to the operation of another person’s computer, software, websites, or network
    • You acknowledge that any communication facilities, unless expressly stated otherwise, provided by this website are public and not private communications. PAG shall have the right, but not the obligation, to monitor the content of the forums to determine compliance with these Terms of Use and any other operating rules established by PAG. You also acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by PAG. PAG reserves the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted in, on, or through this Website. Without limiting the foregoing, PAG shall have the right to remove any material or contents posted by users in, on, or through this Website, including without limitation bulletin board postings, that PAG, in its sole discretion, finds to be in violation of the provisions of these Terms of Use, otherwise objectionable, or stale. Furthermore, PAG reserves the right to deny in its sole discretion your access or any other person’s access to this website or any portion thereof without notice.
    • You expressly grant to PAG the royalty free, perpetual, irrevocable, non-exclusive, world-wide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and sublicense any message posted in, on, or through this website (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
  5. Limitations on Use
    • PAG provides various educational materials, information, quizzes, articles, and other information on this and related sites and in courses offered through this site. Content made available through this website by PAG is the property of PAG and/or PAGs licensors and PAG reserves all rights. PAG authorizes each user to view all and download some of the Materials. You agree not to reproduce, retransmit, summarize, distribute, disseminate, sell, publish, broadcast, circulate or otherwise reveal the information received through this website to anyone, including but not limited to others in the same company or organisation, without the express prior written consent of PAG.
    • Content and features are subject to change or termination without notice in the editorial discretion of PAG. All rights not expressly granted herein are reserved to PAG and its licensors.
    • If you violate any term of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
  6. No Representation or Warranty
    • You agree that use of this website is at your own risk. You assume full responsibility for all risk associated with your use of this website, including without limitation responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website.
    • The contents of this website are provided by PAG. The materials provided at this site are provided without any representations or warranties of any kind. PAG further does not warrant the accuracy and completeness of the materials at this site. This website does not contain all information that may be relevant to the content topics in general or to any specific situation. PAG may make changes to the materials at this site, or to the services and prices described in them, at any time without notice. The materials at this site may be out of date, and PAG makes no commitment to update the materials at this site.
    • Contents provided on this website are not intended as and cannot provide either a diagnosis of a specific problem or condition or a specific recommendation of the appropriate treatment. Contents provided on this website should not be used as a substitute for seeking professional care.
  7. Hyperlinks & 3rd Party Websites
    • Links to external websites are provided solely as a convenience to you. PAG has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this site, you do so entirely at your own risk. Any concerns regarding any external link should be directed to its respective web site operator.
    • You agree that any link from a website that you own, control, or author in part or in full, to this website shall be exclusive to www.pacificaudiologygroup.com and to no other web page within this website. You agree that you shall make no link from a website that you own, control, or author in part or in full, if that website contains any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, reflects negatively on PAG, or is otherwise objectionable, gives rise to civil liability, or otherwise violates any law, or that encourages conduct that would constitute a criminal offence.
    • PAG does not endorse, warrant or guarantee any product or service offered by a third party through this website and will not be a party to or in any way monitor any transaction between you and any third-party provider or products or services.
  8. Site Compatibility
    • We do not guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications. Our courses run on the Thinkific platform, which currently supports the following operating systems:
      Phone or Tablet: iOS Safari (version 11 and up), Chrome, or Samsung Internet
      Desktop: Firefox, Safari, Chrome, Edge, or Internet Explorer (version 11 only)
  9. Limitations and Release of Liability
    • In no event will PAG its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever arising out of the use, inability to use, or the results of the use of this site, any websites liked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
    • You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge PAG (and PAG’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of PAG, whether active or passive, or any of PAG’s affiliates, employees, agents, representatives, successors, and assigns.
    • This waiver and release of liability includes, without limitation, injuries and/or harm which may occur as a result to yourself or your patients as a result of your use of any procedure you have obtained training or theoretical knowledge on from our courses, podcasts, blogs or anywhere on the site.
    • PAG is not liable for any personal injury, including death, caused by your reliance on or your use or misuse of any information presented or contained on this website.
    • Except if expressed and unambiguously stated otherwise, PAG does not in any way endorse, operate, control or assume responsibility for any information regarding any services offered or provided by any third party, which or who may be listed on or linked to this website including. This website may include contents provided by third parties and users. For any and all such contents, PAG is a distributor and not a publisher. PAG has no more editorial control over such contents than does a public library or newsstand. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties are those of the respective authors or distributors of such contents and not of PAG. PAG makes no warranty as to the completeness, accuracy, currency, or reliability of information published by PAG on this website.
    • When using this website information will be transmitted over a medium, which is beyond PAG’s control and jurisdiction. Accordingly, PAG assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this website. PAG expressly denies any warranty that the services or contents provided by or on this website will be uninterrupted as to the results obtained from use of the services or contents. The services and contents are distributed on an “as is, as available” basis, and PAG makes no warranties of any kind, either express or implied, including without limitation warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
    • Disclaimer of damages. In no event shall PAG be liable for any special, collateral, direct, indirect, exemplary, incidental or consequential damages, including but not limited to loss of goodwill, loss of profits or loss or use (i) For breach of any of the provisions of these terms of use, (ii) Arising out of the inability to use this website (iii) Arising out of the breach of any warranty by PAG (iv) Your failure to abide by the terms of these terms of use. This limitation on PAG’s liabilities shall be in force regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if PAG had previously been advised of the possibility of such damages. You hereby acknowledge that the provisions of this section shall apply to all contents on this website and the forums. The aggregate liability of PAG to you arising directly or indirectly out of and with respect to these terms of use shall not exceed an amount equal to any money paid by you to PAG for or from the use of this website.
  10. This Site Does Not Provide Medical or Audiological Advice
    • The Site and its content, such as text, graphics, images, software, video, and any other material and all patent, copyright, trademark, trade dress, domain name, trade secret and other proprietary rights relating thereto (collectively the “Content”) are owned by us or our licensors, and are for your informational purposes only.
    • At no time should any of PAG’s services, products, or programs be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy. PAG’s services are not intended to treat, diagnose, cure, or prevent any disease.  If at any time the user needs medical, and/or psychological treatment, it is user’s responsibility to seek it out. Never disregard professional medical advice or delay in seeking it because of something you have read on the site.
  11. This Site Does Not Provide Financial Advice
    • At no time should any of PAG’s services be considered a substitute for professional legal or financial advice. If at any time user needs legal or financial services, it is user’s responsibility to seek it out.
  12. Indemnification
    • You agree to indemnify and hold PAG harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’s fees) arising from your use of this website or from your violation of these terms of use or any third party’s rights including but not limited to copyright, property and privacy rights. This indemnification and hold-harmless obligation will survive these terms of use and your use of this website.
  13. Privacy
    • PAG respects the privacy of visitors to this Website. PAG will only collect personally identifiable data, such as your name, address, telephone number, or e-mail address, when it is voluntarily submitted to PAG at this Website. PAG may use this information to comply with your request for information or as otherwise disclosed to you at the specific location at which you submit your information. From time to time, PAG may consider the information to better understand your needs and how PAG can improve the quality of this Website and PAG may use the information to contact you.
    • This Website also uses information to track the total number of visitors to this Website, the total number of visitors to each page of this Website, and the domain names and country of origin of our visitors or their internet service providers. Normally no personally identifiable information is available in this process.
    • The privacy policies and procedures of PAG described herein do not apply to third-party sites. PAG suggest that you contact those third-party sites directly for information on their data collection and distribution policies.
  14. Refunds & Cancellation
    • PAG online courses are non-refundable upon access the course. As a customer, you are responsible for understanding this upon purchasing any courses from our sites. However, we realize that exceptional circumstances can take place with regards to the product we supply. Therefore, we do honour requests for refunds for non-delivery of the product due to technical faults where a server issue may have accrued. In this case, we recommend contacting us for assistance. Claims for non-delivery must be submitted in writing to info@pacificaudiologygroup.com within 7 days from the date of course purchase. Otherwise, the product will be considered received. We reserve the right to rectify the error or defect within 72 hours. If any deficiency is validated and if we fail to correct it within 72 hours from the date of the initial complaint letter or any other notification provided by a Customer, any refund requests attached to the review will be issued to the customer in full without compensation or reimbursements.
    • Once you have register on our website for attendance of a live or in-person course or workshop that PAG is hosting you will have the opportunity to cancel or seek a refund pursuant to the business practice and Consumer Protection Act of British Columbia.
  15. Governing law
    • These Terms of Use, the performance thereof and any and all matters arising directly or indirectly herefrom or therefrom shall be construed, interpreted, applied and governed in all respects in accordance with the laws of the province of British Columbia, Canada.
    • Failure to enforce strict performance of the Terms of Use shall not be construed as a waiver of any provision or right. PAG may assign its rights and duties under the Terms of Use without notice to any party at any time.

CONTACT: Should you have questions regarding this Terms of Use Agreement, please contact info@pacificaudiologygroup.com

Updated July 27, 2023