TERMS AND CONDITIONS OF USE
Welcome to the ORCHID MASSAGE ACADEMY Website (www.orchidmassageacademy.com)
At ORCHID MASSAGE ACADEMY (“ORCHID MASSAGE ACADEMY”) we offer digital courses, in-person courses and mentoring programmes. (herein referred to as the “Product”).
You agree to abide by all policies and procedures as outlined in this agreement as a condition of your purchase of the Product, as well as the sale of other related services and products. We provide services to you subject to the following notices, terms, and conditions (the “Terms”).
Please read these terms carefully. These terms, as modified or amended from time to time, are a binding contract between ORCHID MASSAGE ACADEMY (“we” and/or “us”, etc) and you (“Customer” or “you”).
You may only use the website(s) operated by ORCHID MASSAGE ACADEMY (the “Website”) if you first accept these terms.
By choosing to purchase this programme you understand and agree that YOUR PURCHASE IS NON-REFUNDABLE! You will receive immediate access to all programme content.
When you use any current or future ORCHID MASSAGE ACADEMY service or visit or purchase from any business affiliated with ORCHID MASSAGE ACADEMY, whether or not included in the website, you also will be subject to the guidelines and conditions applicable to such service or business. If these terms are inconsistent with ORCHID MASSAGE ACADEMY’s terms, such terms will prevail.
If you create an account on the Website, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must immediately notify ORCHID MASSAGE ACADEMY of any unauthorized uses of your data, your account or any other breaches of security. You may not use the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account.
You understand that ORCHID MASSAGE ACADEMY and its employees are not employees, agents, lawyers, doctors, managers, therapists, public relations or business managers, registered dietitians, or financial analysts, psychotherapists or accountants. Customer understands their purchase of Product will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Customer understands that Consultant has not promised, shall not be obligated to and will not;
(1) Procure or attempt to procure employment or business or sales for Customer;
(2) Perform any business management functions including but not limited to accounting, tax or investment consulting, or advice with regard thereto;
(3) Act as a therapist or provide psychoanalysis, psychological counseling or behavioral therapy;
(4) Act as a public relations manager;
(5) Act as a publicist to procure any publicity, interviews, write-ups, features, television and print or digital media exposure for Customer;
(6) Introduce Customer to ORCHID MASSAGE ACADEMY’s full network of contacts, media partners or business partners. Customer understands that a relationship does not exist between the parties after the conclusion of the Product. If the Parties continue their relationship, a separate agreement will be entered into.
Customer accepts and agrees that Customer is 100% responsible for their progress and results from the Product. Customer acknowledges that, as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Customer will reach their goals as a result of purchase of Product.
There are two payment options for payment of the Product fee:
* One Single payment (due upon registration); or
* 3 monthly payments (*price varies depending on promotional period and enrollment level)
If you select the monthly payments option, you will pay your first payment at point of sale. You are responsible for all remaining payments.
This is a payment plan, not a monthly fee. You will be liable for all of the payments regardless of whether you continue to use the Programme during the payment period.
If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 24% per year compounding monthly (2% per month).
METHODS OF PAYMENT
If Customer elects to pay by monthly installments, Customer authorizes the Company to charge Customer’s credit card or debit card. If Customer elects to pay in full upon registration (option 1 above), Customer may pay by credit card or debit card.
You are responsible to ensure that the payments are made on time. If your account is beyond 30-days overdue, ORCHID MASSAGE ACADEMY reserves the right to turn over the account to collections with outstanding interests and accrued costs incurred in order to engage a Debt Recovery Mercantile Agency or a Solicitor to attend engaged by the company; in order to recover the outstanding amount due and payable.
By choosing to purchase this programme you understand and agree that YOUR PURCHASE IS NON-REFUNDABLE! You will receive immediate access to all programme content.
ORCHID MASSAGE ACADEMY ONLINE & E-LEARNING MATERIALS
The training material is the property of ORCHID MASSAGE ACADEMY
The training material has been prepared, maintained, updated and distributed by ORCHID MASSAGE ACADEMY
The use of the training material on our courses is restricted to the registered user who has been supplied with the log in details.. Access will be given to the online and e-learning material from purchase and for a fixed registration period (usually 24 months unless a different period is indicated on your order confirmation). After this period you may apply to have access extended subject to the re-licensing fee current at that time.
We reserve the right to refuse access after the initial period at our sole discretion.
The Registered User shall not copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted materials provided by ORCHID MASSAGE ACADEMY other than for their own individual training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.
The materials made available by ORCHID MASSAGE ACADEMY are provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
ORCHID MASSAGE ACADEMY does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User’s responsibility.
ORCHID MASSAGE ACADEMY may make improvements, or changes, to this material at any time without prior notification.
All rights not expressly granted herein are reserved.
If you do not agree with these Terms and Conditions you must cease to use the online or e-learning product immediately.
ACCESS TO COURSES
ORCHID MASSAGE ACADEMY strives to provide the course content to its Students on a continuous basis. To that end, ORCHID MASSAGE ACADEMY will take all commercially reasonable efforts to provide uninterrupted access of the courses to its Students. However, from time to time, students may be unable to access the courses due to conditions beyond ORCHID MASSAGE ACADEMY’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the courses to its Students, ORCHID MASSAGE ACADEMY will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
ORCHID MASSAGE ACADEMY endeavours to provide the highest quality content to its Students. To that end, ORCHID MASSAGE ACADEMY reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of our site in whole or in part, including, without limitation, the content, availability, access and/or the terms of this site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on our site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
Third Party Content; Hyperlinks
ORCHID MASSAGE ACADEMY makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, ORCHID MASSAGE ACADEMY does not warrant the existence or functionality of any website which can be accessed through a link located on this site.
Copyrights, Trademarks and Other Proprietary Rights.
ORCHID MASSAGE ACADEMY or its third party content providers shall retain all worldwide rights in the intellectual property in and on the site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its colour combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the ORCHID MASSAGE ACADEMY site is copyrighted, trademarked, or otherwise protected and owned or licensed by ORCHID MASSAGE ACADEMY
Except as expressly stated on the site or in these Terms, nothing that you read or see on the site or in the courses may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of ORCHID MASSAGE ACADEMY, except as provided in these terms. Nothing in these terms grants you an express or implied license to use any of ORCHID MASSAGE ACADEMY intellectual property.
Disclaimers and Limitation of Liability
Users access this site at his/her/its own risk. The site is provided on an “as is, as available” basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. ORCHID MASSAGE ACADEMY does not warrant any particular result from use of the software or site. ORCHID MASSAGE ACADEMY does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure.Under no circumstances and under no legal theory (tort, contract or otherwise) shall ORCHID MASSAGE ACADEMY or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
Your use of this site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount ORCHID MASSAGE ACADEMY received from students for a course, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.
In no event will ORCHID MASSAGE ACADEMY be liable for any damages in excess of the amount ORCHID MASSAGE ACADEMY received from the student for access to a course, even if any other party has informed ORCHID MASSAGE ACADEMY of the possibility of such damages, or for any claim.
In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.
This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of ORCHID MASSAGE ACADEMY, computer virus or other similar item, telecommunications errors, or unauthorised access to or use of user information through theft or any other means. ORCHID MASSAGE ACADEMY is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.
ORDERING OF SERVICES; CONDUCT OF SERVICES
If you choose to order a product or service through the website we will make best efforts to provide that service or product to the best of our ability. However, we make no warranty with regards to your satisfaction with any service or product in general. Prices for services will be listed on the Website and may change from time to time.
PRODUCT AND SERVICE SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
While we promise do our best to ensure the accuracy of the information on the Website, ORCHID MASSAGE ACADEMY does not warrant that product and/or service specifications, pricing, or other content on the Website is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, ORCHID MASSAGE ACADEMY shall have the right to refuse or cancel any orders in its sole discretion. If your credit card is charged prior to cancellation, ORCHID MASSAGE ACADEMY will issue a credit to your account in the amount of the charge.
The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Customer nor any of Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Products, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
You may contact ORCHID MASSAGE ACADEMY Customer Services by sending an email to [email protected]. You acknowledge that the provision of customer support is at ORCHID MASSAGE ACADEMY’s sole discretion and that ORCHID MASSAGE ACADEMY shall have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, and the provision of some level of support is no guarantee of future support.
NOTICE RE NAMES AND TRADEMARKS
You may not use the name “ORCHID MASSAGE ACADEMY” or “Nikki Wolf” or any other names or Trademarks listed on the Website or in any Website or Product content. All rights are reserved.NOTICE RE COPYRIGHT OWNERSHIP: © Nikki Wolf
All rights reserved. All content on the Website is subject to intellectual property rights, contractual rights or other protections. The intellectual property rights are owned by ORCHID MASSAGE ACADEMY or its licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with the prior express written consent of ORCHID MASSAGE ACADEMY Modification or use of the materials for any other purpose may violate intellectual property rights. ORCHID MASSAGE ACADEMY maintains the worldwide, exclusive copyright on all content created by by ORCHID MASSAGE ACADEMY, or by its associates, which may be leased or sold by ORCHID MASSAGE ACADEMY without your permission, without limitation.
Material given to Customer with the purchase of Product is proprietary, copyrighted and developed solely and specifically for Company. Original materials that have been provided to Customer are for Customer’s individual use only and a single-user license. Customer agrees that such proprietary material is solely for Customer’s own personal use. Any disclosure, reproduction and sale by Customer to a third party are strictly prohibited.
MINIMUM AGE REQUIREMENT
The Website is intended for use by persons who are at least 18 years old or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Website, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Website only with the permission and involvement of a parent or guardian.
DEALINGS WITH MERCHANTS; LINKS
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Website or which provide links on the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against ORCHID MASSAGE ACADEMY and agree to hold ORCHID MASSAGE ACADEMY harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Website.
You agree to electronic communication for all of your transactions and communication with ORCHID MASSAGE ACADEMY and the Website. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS
Except as otherwise provided in these Terms, ORCHID MASSAGE ACADEMY will give you any notices by posting them on the Website, and you agree that such posting will constitute effective notice. You authorize ORCHID MASSAGE ACADEMY to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if ORCHID MASSAGE ACADEMY decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by ORCHID MASSAGE ACADEMY to the address that you have most recently provided will constitute effective notice. ORCHID MASSAGE ACADEMY’s address for Legal Notices is:
23 Alphonsus st,, Old Trafford,, Manchester, M16 7RA
ORCHID MASSAGE ACADEMY respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ORCHID MASSAGE ACADEMY with written notice.
MODIFICATIONS TO TERMS AND WEBSITE
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Website unless through tools provided on the Website by us; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (d) frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by ORCHID MASSAGE ACADEMY; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Website’s infrastructure or performance, or send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Website or any recipient; (h) willfully enter wrong class information (course code, course title, course coordinator, number of credits, exam information); (i) post content created by anybody other than yourself.
Furthermore, prohibited content includes anything that:
* is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
* harasses or advocates harassment of another person;
* exploits people in a sexual or violent manner;
* contains anything sexually suggestive, excessive violence, or offensive subject matter;
* solicits personal information from anyone under 18;
* publicly posts information that poses or creates a privacy or security risk to any person;
* includes information about another person that you have posted without that person’s consent;
* violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
* constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;
* solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
* involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
* furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
* involves commercial activities and/or sales without prior written consent from ORCHID MASSAGE ACADEMY such as contests, sweepstakes, barter, advertising, or pyramid schemes;
* impersonates or attempts to impersonate another user, person or entity;
MONITORING OF WEBSITE CONTENT
We are under no obligation to restrict or monitor Website content in any way. You understand and acknowledge that ORCHID MASSAGE ACADEMY does not regularly monitor the accuracy or reliability of content and that use of the Website is at your own risk. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of ORCHID MASSAGE ACADEMY ORCHID MASSAGE ACADEMY neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on these Website by anyone other than authorized ORCHID MASSAGE ACADEMY employees acting in their official capacities.
PROTECTION OF SITE CONTENT
Our Website is protected by UK and international intellectual property laws, which you agree to respect. All content on the Website, including but not limited to text, logos, icons, images, graphics, audio clips, compilations and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of ORCHID MASSAGE ACADEMY or its content suppliers. All software used on the Website is the property of ORCHID MASSAGE ACADEMY or its software suppliers.
TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Website, and/or your Account, or suspend or block your access to the Website. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Website. ORCHID MASSAGE ACADEMY may continue to use electronic or printed materials it has created, or has developed specific plans to create, that contain such Content according to the terms contained above with respect to removal or modification of Content previously posted on the Website.
PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ORCHID MASSAGE ACADEMY with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
DISCLAIMER OF WARRANTIES
THE WEBSITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM ORCHID MASSAGE ACADEMY, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR ENTERTAINMENT PURPOSES ONLY. YOU USE THE WEBSITE AND CONTENT AT YOUR OWN RISK. THE WEBSITE IS PROVIDED BY ORCHID MASSAGE ACADEMY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORCHID MASSAGE ACADEMY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION OR CONTENT INCLUDED ON THE WEBSITE. ORCHID MASSAGE ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORCHID MASSAGE ACADEMY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER ORCHID MASSAGE ACADEMY, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF ORCHID MASSAGE ACADEMY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
A) Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
C) Disputes; Choice of Law; Export Limitations. The Website is controlled by us from our offices within Canada, and some aspects and portion of the Website are hosted at third-party servers within Canada and the United States of America. If you choose to access this Website from locations outside Canada, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Website in violation of Canadian or U.S. import and/or export laws and regulations or the Terms. By visiting the Website, you agree that these Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Website will be resolved by arbitration. Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by ORCHID MASSAGE ACADEMY or through the Website will be resolved by binding arbitration, rather than in court, except that we and you may assert claims in small claims court if the claims qualify.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
D) Limitations on Actions. Any action concerning any dispute you may have with respect to the Website must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
E) Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
G) No Waiver. The failure of ORCHID MASSAGE ACADEMY to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or ORCHID MASSAGE ACADEMY right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
H) This Agreement shall be governed by and construed in accordance with UK laws.
EQUAL OPPORTUNITIES POLICY
The Academy is committed to ensuring equal opportunities to all candidates across all the Academy’s courses, all the attending clients and to the staff regardless of their role. There is a commitment to encourage every individual to realise their full potential. Training or access to assessments will not be affected by gender, ethnic origin, nationality, religious belief, social circumstances, marital status, age or physical and intellectual ability or other relevant state. The requirements of the Sex Discrimination Act 1975, the Race Relations Act 1976 and the Employment (Disabled Persons) Act 1944 and 1958 will be upheld and any amendments or extensions thereto. Equal opportunities will be integrated into all planning, procedures and course resourcing. All promotional material including web, course schemes and display material will not reinforce stereotypes and will reflect diversity of our society. All staff and candidates will be advised of the policy to be pursued with clients and visitors of the Academy. There will be positive reinforcement of the requirements of the policy statement and the Academy’s EO provision will be monitored and reviewed at regular intervals among staff and candidates with action being taken if required. Encouragement will be given to discuss any concerns over these issues when they occur. Advice is available to help those concerned to understand the problem and to take steps to resolve them.
Social Media definition
For the purposes of these guidelines, social media is any interactive online media that allows instant communication and the sharing of information in a public forum. This includes e-mail, online social forums, blogs, video and image-sharing websites.
These examples are not exhaustive and these guidelines should be adhered to in relation to any social media usage.
This policy encourages Orchid Massage Academy learners to use social media sites in a responsible way, taking advantage of the opportunities for discussion, information-sharing and enhanced learning without risking personal security, and protecting current or future career prospects as well as the reputation of Orchid Massage Academy.
The policy aims to:
• encourage the responsible use of social media by Orchid Massage Academy learners
• raise awareness of relevant UK legislation and regulations, and relevant Orchid Massage Academy policies
• outline the responsibilities for individuals using social media for Orchid Massage Academy purposes
• promote effective and innovative use of social media as an integral part of Orchid Massage Academy’s activities
• provide clear guidelines on how breaches of this policy will be addressed
• to protect the reputation of Orchid Massage Academy, its learners, staff and partner organisations.
Bullying is defined, as unfair treatment, excessive criticism, or persistent nit-picking, intimidating, aggressive or undermining behaviour, which makes the recipient(s), feel upset, humiliated, threatened or vulnerable and undermines their self-confidence and integrity.
Cyberbullying is the use of the Internet and related technologies to harm or harass other people, in a deliberate, repeated, and hostile manner.
Harassment is unwanted conduct based on the grounds of religious belief, political opinion, sex (including gender reassignment, marital or civil partnership status), race/ethnicity, disability, sexual orientation or age which has the purpose or effect of violating that person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. Differences of attitude, background or culture and the misinterpretation of social signals can mean that what is perceived as harassment by one person may not seem so to another; nevertheless, this does not make it acceptable. It is the purpose or effect of the behaviour rather than the motive that must be considered.
Social Media refers to online channels of communication that allow users to interact in the public domain by sharing information, opinions, knowledge and interest. It includes, but is not limited to, social networking services such as Facebook, Twitter, LinkedIn, Google+, Instagram, YouTube, Snapchat, wikis and blogs.
GENERAL POLICY PRINCIPLES
Learners’ presence on social media is a public record which is interlinked with individual reputation. Social media can be a positive tool but it is important to carefully consider post content and account security in order to mitigate the associated risks.
Posting offensive, inappropriate or unlawful material can have a number of serious consequences, including, but not limited to:
• significantly impacting on an individual’s academic and long-term employment prospects
• legal action
• Orchid Massage Academy taking disciplinary action
Poor account security can result in account hacking and identity theft which also have serious legal, reputational, academic, employment and financial implications.
Social media posts
Orchid Massage Academy’s policy framework commits to ensuring that it provides a safe and welcoming environment in which all staff and learners can flourish and achieve their potential.
Orchid Massage Academy expects its learners to act in line with these commitments.
It is the responsibility of learners to read and act in accordance with the principles of this policy. It is also the responsibility of learners to read and act in accordance with the rules and guidelines set out by individual Social Media, Social Networking and Website Hosting companies and providers.
Social media must only be used in ways that do not breach Orchid Massage Academy policies, statutes, regulations or ordinances. For example, learners should not use social media in ways that breach Orchid Massage Academy’s Equal Opportunities Policy or the Data Protection Policy.
Learners should be aware that breaches of these Orchid Massage Academy regulations may affect progression to the next level of study, and may affect suitability to gain professional accreditation. Professional bodies and employers make no distinction between using social media in a personal capacity and as an Orchid Massage Academy learner.
Responsibilities of learners in personal online/social media presence
Learners are personally responsible for content they post or share via social media. It is essential that learners respect the privacy and the feelings of others at all times and understand that the content posted via social media is a permanent record which is shared instantaneously with a potential global audience. It is the responsibility of learners to read and act in accordance with the principles of these guidelines.
When posting on social media, learners are required to:
• conduct themselves in a manner which demonstrates respect for academy staff, fellow learners and property, and for other members of the local community in general.
• act in line with the professionalism and confidentiality rules of their area of Orchid Massage Academy.
Learners must not use Orchid Massage Academy’s logo on personal social media sites or other websites.
Any communication by an Orchid Massage Academy learner made in a personal capacity through social media must not:
• bring discredit upon Orchid Massage Academy e.g. criticising or arguing with fellow learners or other individuals; making defamatory comments about individuals or other groups; posting images that are inappropriate or links to inappropriate content;
• breach copyright eg using someone else’s images or content without permission; failing to give acknowledgement where permission has been given to reproduce something;.
• breach confidentiality eg revealing confidential information owned by Orchid Massage Academy; giving away confidential information about an individual or organisation.
• use social media sites to attack or abuse anyone. You should respect the privacy and the feelings of others. You must not include contact details or pictures of other learners or members of staff without their prior permission.
• post images that are discriminatory/offensive or links to such content;
• do anything that could be considered discriminatory against, or bullying or harassing of, any individual e.g. making offensive or derogatory comments relating to sex, gender, race (including nationality), disability, sexual orientation, religion or belief or age;
• contain images or other content that is sexually explicit or illegal.
• insult fellow learners or other individuals; make or share defamatory or offensive comments about individuals or groups.
• breach copyright: e.g. by using someone else’s images or content without permission, or by failing to give acknowledgement where permission has been given to reproduce. This means, for example, not posting articles or pictures scanned from newspapers or magazines. Posting such content may result in legal action by the copyright owner.
• breach confidentiality: for example, by revealing confidential information owned by Orchid Massage Academy; posting confidential information about an individual, business or other organisation; posting contact details, pictures or personal details of other learners or members of staff or members of the public without their prior permission. Learners must seek prior advice from their Course tutor if unclear about what information might be deemed confidential.
• breach others’ privacy through sharing or promoting private information, images or other content
• fraudulently assume the identity of another
• post or promote content which harasses, bullies or otherwise intimidates
• Post or promote content intended to incite violence or hatred
• post or promote content threatening to cause harm
• repeatedly make unwanted or unsolicited contact with another person
Further information on the responsibilities of learners in relation to data protection is in Orchid Massage Academy’s Data Protection Policy, available at: https://www.orchidindulgence.com/website-privacy-policy/
If there is any doubt about the accuracy of information to be shared on a social media network or site, then learners should refrain from posting, commenting, liking or sharing this information.
Orchid Massage Academy logo can only be used on official Orchid Massage Academy social media and other online channels that are identified as official corporate Orchid Massage Academy accounts.
MONITORING OF SOCIAL MEDIA
Orchid Massage Academy will monitor official Orchid Massage Academy social media sites, and we reserve the right to request the removal of any content deemed to be in breach of this policy.
Orchid Massage Academy monitors references to Orchid Massage Academy online and we will act where necessary to protect our reputation.
Orchid Massage Academy will refer to social media sites when investigating breaches or complaints under this policy.
BREACHES OF THE POLICY
Orchid Massage Academy has the right to request the removal of content from an official social media account and/or from a personal account if it is deemed that the account or its content breaches this policy.
If a learner acts in a manner which breaches this policy, he or she will be liable to disciplinary action.
Orchid Massage Academy has the right to request the removal of content from an official social media account and from a personal account if it is deemed that the account or its submissions pose a risk to the reputation of Orchid Massage Academy or to that of one of its members.
Complaints concerning the misuse of social media by Orchid Massage Academy learners will be dealt with using the procedures set out in the Learner Disciplinary procedure.
Complaints about social media misuse or cyberbullying by an Orchid Massage Academy learner should be directed to the Nikki Wolf at [email protected] in the first instance. Complaints will be logged and referred to the appropriate Orchid Massage Academy person for action.
Where a complaint involves threatening or potentially criminal online social media behaviour, the matter will also be reported to the police for investigation.
This will include, but is not limited to, complaints in which a learner is alleged to have:
• posted online photos or videos of people in a place where he or she would expect privacy;
• threatened violence;
• engaged in stalking, or
• committed a hate crime.
This list is not exhaustive.
Orchid Massage Academy will ensure that this policy and the appropriate procedures are implemented, disseminated and kept under regular evaluation and review, in line with Orchid Massage Academy’s procedures for developing policies. The policy will be reviewed two years from the date of its implementation.
• Section 75 of the Northern Ireland Act (1998).
• Data ProtectionAct (1998).
• Human Rights Act 1998.• Protection from Harassment (NI) Order 1997.
• Health & Safety at Work (NI) Order (1997)
• Regulation of Investigatory Powers Act 2000.
• Freedom of Information Act 2000.