Terms & Conditions for Use of Services
INTRODUCTION
We are “EPOCH”, an online health, wellness, and holistic approach-based platform. For simplicity we will call this Our “Platform”. EPOCH runs from the URL app.epoch-dms.com
EPOCH is a product of Our Company Integrative Healthcare Solutions Ltd and We trade under the name EPOCH.
The Platform gives third-party health and wellness professionals, or “Practitioners”, a “Practice” to sell live streaming or recorded events, on-demand sessions, and live 1-to-1 or small group sessions. The Platform can be used to collaborate with other health and wellness professionals, scheduling, and planning. The service we offer is largely that of a hosting service, where a Practitioner can promote their offerings and be paid for them.
EPOCH charges a hosting fee, which is a commission fee on Sessions, Events, and Workshops, and reserves the right to claim additional fees for STRIPE payments.
1. ABOUT US
a. We are Integrative Healthcare Solutions Ltd trading as “EPOCH,” a Company based in England and Wales with company number 13055621 whose registered address is at 71-75 Shelton Street, London, WC2H 9JQ (“Company, “We”, Us”).
b. As stated in our Introduction, We operate a Platform that gives third party health and wellness professionals or “Practitioners” a “Practice” to sell live streaming or recorded events, on-demand sessions, and live 1-to-1 or small group sessions. We will refer to these offerings as “Products” which are listed via the Union Space and sold to customers who are consumers (“Customers”).
c. Customers purchase Products via the Platform, and the Practitioner pays a hosting fee and is duly paid when Customers purchase a Product minus a fee.
d. These terms and conditions (“T&Cs”) govern the contract between us and the appropriate use of Our Platform.
e. We can reached via email at [epoch@ihs.org.uk].
2. USERS
a. You must be at least 18 years of age to use Our Platform and/or to register to sell your Products as a Practitioner or Organisation.
b. Users of EPOCH include Organisations (a center, clinic, or base with multiple Practitioners), individual Practitioners who have a registered and/or insured practice in their jurisdiction, and Customers who purchase the services of Practitioners or Organisations. We will refer to Users as “You” in their respective context.
c. Organisation and Practitioner accounts are opened on a referral-based or invitation-only basis. Any member of the public can create an account as a Customer.
d. As a Practitioner or Organisation, You warrant to the Company that you:
i. hold the necessary insurances and will provide documented proof if asked to do so;
ii. have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to deliver the Products being offered;
iii. will not infringe any third-party intellectual property and carry the necessary licences and permissions;
iv. carry the appropriate PRS licence to stream any music or equivalent licence to show any video;
v. will provide and maintain accurate account information;
vi. you will ensure a quality of service that corresponds with the standards of your industry.
3. USE OF OUR SITE, INTELLECTUAL PROPERTY AND LICENCE
a. Your use of our site is governed by our Terms of Website Use and We ask that You take the time to read these, as they include important terms that apply to You.
b. We grant You a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our Platform subject to these T&Cs.
c. Our Platform and all the code and software that enables our Platform to run belongs to Us and the Space is licensed to You. Users own the content and material they upload to the Platform. All Content included in and on Our Platform (including all user-facing material, and all underlying material such as code, software, and databases) and the copyright and other intellectual property rights in that content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
By accepting these Terms and Conditions, you hereby undertake:
i. Not to copy, download or otherwise attempt to acquire any part of Our Platform;
ii. Not to disassemble, decompile or otherwise reverse engineer Our Platform;
iii. Not to allow or facilitate any use of Our Platform that would constitute a breach of these T&Cs; and
iv. Not to embed or otherwise distribute Our Platform on any website, ftp server or similar.
d. Users own the content and material they upload to the Platform. Users acknowledge and accept that the Owner does not filter or moderate such content and will not be held liable for content uploaded by Users.
e. We will aim to ensure that the Platform is always available. In certain limited cases, however, We may need to temporarily suspend availability to respond to an urgent technical issue or an issue beyond Our control. We use third-party software in some elements of the Platform, which may compound technical issues. We will manage any interruption and keep you informed, but accept no liability.
4. HOW WE USE YOUR PERSONAL INFORMATION
We only use User’s personal information in accordance with our Privacy Policy. Please take the time to read this policy, as it includes important terms that apply to You. All Practitioners must ensure they have stringent data processing practices in place with regard to the data they collect from their clients and their own Privacy Policy in place. Please see liability provisions at clause 13.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
A contract is formed when you sign up for EPOCH and complete the requisite account registration. We reserve the right to carry out checks pre-approval, notably with regards insurances and certification requirements for Practitioners and Organisations. Documents must be verified by Us.
6. CONTRACT CANCELLATION
a. This contract can be cancelled at any time by giving the Company one (1) weeks’ notice in writing to terminate which can be emailed to [epoch@ihs.org.uk]. Practitioners remain responsible for cancelling any Products sold via the Platform and must do so in line with cancellation regulations prescribed by Consumer Regulations in England and Wales.
b. We may suspend or cancel a User’s account without notice if you breach any of these T&Cs. If Your account is cancelled, the Company reserves the right to remove Your account information along with any account settings from Our servers with no liability or notice to You. Once your account information and account settings are removed, You will not be able to restore this data and You will lose access to all of Your content.
7. OUR RIGHT TO VARY THESE TERMS
a. We may revise these T&Cs from time to time, including but not limited to:
i. changes in how we accept payment from Customers and pay the Practitioner;
ii. the process of how the contract is formed;
iii. changes in relevant laws and regulatory requirements.
b. Whenever we revise these T&Cs in accordance with this clause, we will keep You informed and give You notice of this by stating that these T&Cs have been amended and the relevant date at the top of this page.
8. MISUSE OF PLATFORM
a. We reserve the right, at Our absolute discretion, to terminate or restrict a User’s access to the Platform without notice, or to cancel any of a Practitioner’s Products or classes not yet run without refund to You or your Customers, if we reasonably believe that User has done any of the following things:
i. Attempted to sell any product by circumventing Us or act in any manner inconsistent with Your registration on the Platform;
ii. Acted in an inappropriate or disrespectful manner towards any of Our Company employees or other third-party coaches, instructors or employees or other Company users, either in person, over live-streamed video, by telephone, via email or chat forums.
iii. Allowed another Practitioner to cover a class or host an event on EPOCH when they are not appropriately insured or qualified to do so.
iv. Used externally-licenced products or trademarks without being licenced to do so.
v. Knowingly created more than one registration at the same time for profit.
vi. Used a Customer’s emergency contact details for any reason whatsoever other than to assist the client if they injure themselves or become ill during a class and require emergency assistance from you.
vii. Failed to meet a reasonable standard of Product delivery, resulting in multiple complaints from clients about the quality of the service you are offering.
viii. Failed to comply with any of the T&Cs or the spirit of this agreement, or otherwise created risk or possible legal exposure for the Company.
9. PAYMENT TO PRACTITIONERS
a. By using EPOCH as a Practitioner, You are entering into this contract with Us and You are agreeing that:
i. Customers will pay via the Company merchant provider being STRIPE.
ii. You will receive payment from Us once STRIPE has processed and paid Us minus a commission fee that the Company will retain. This could be up to 7 days after You have delivered your class or Product.
iii. The commission fee is made up of a hosting fee of [7]% for use of Our Platform and a fee for processing the STRIPE payment.
b. Payment processing via the Company is provided by STRIPE, a major global payments merchant provider, to process all transactions on the Platform. All payments will come through the Company and will be under the control of the Company. The Platform is at all times attached to this central STRIPE account, and the Company is not responsible for any delays in payment.
10. SAFETY AND APPROPRIATE USE OF PLATFORM
a. The Practitioner makes the following commitments when using the Platform:
i. You will not post unauthorized commercial communications (such as spam) on the Platform;
ii. You will not collect users’ content or information, or otherwise access the Platform, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
iii. You will not upload viruses or other malicious code;
iv. You will not solicit login information or access an account belonging to someone else;
v. You will not threaten, bully, intimidate, or harass any user;
vi. You will not post content that is hate speech, threatening, pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
vii. You will not use the Platform to do anything unlawful, misleading, malicious, or discriminatory;
viii. You will not do anything that could disable, overburden, or impair the proper working or appearance of Union, such as a denial-of-service attack or interference with page rendering or other Platform functionality;
x. You will not facilitate or encourage any violations of this agreement or our other policies;
b. Users are solely responsible for their interactions with other users and no liability falls to the Company. We do not conduct criminal background checks or screenings on users so We are in no way responsible for verification of any background or identity. We invite all Practitioners to moderate the content of their Space at all times.
11. PRODUCT/CLASS DELIVERY - PRACTITIONER RESPONSIBILITIES
a. The contract between the Company and Customers ends when the activity or class they have booked with a Practitioner begins. From this point, their contract is with the Practitioner, and you are fully responsible for their safety and wellbeing as an independent third-party. As part of acceptance of these T&Cs, Practitioners are giving permission for the Company to give your contact details (including but not limited to your email address and phone number) to Customers to enable them to contact the Practitioner directly in the event of a dispute.
b. Practitioners are responsible for ensuring that they are, at all times, appropriately qualified and insured to deliver the Products being offered and for ensuring that they adhere to all of the insurance requirements in place.
c. Practitioners are responsible for ensuring that they have, at all times, the required licence or other permissions, most notably a PRS licence required to play music, as well as to deliver their offering if they are using trademarked or any other branded products. Practitioners are responsible for seeking appropriate permissions to refer to trademarked qualifications/products on the Platform.
d. EPOCH is currently operating as a referral-based, invitation-only network for Practitioners. Practitioners are responsible for ensuring any other Practitioners they collaborate with at an event or who act on their behalf on EPOCH are already registered on the Platform, and appropriately insured and qualified to teach the class they are covering.
12. INDEMNITY
You agree to defend, indemnify, and hold harmless the Company from and against any claims, actions or demands, including, without limitation, reasonable legal and professional services fees, arising or resulting from Your breach of these Terms, use, misuse or illegal use of the Platform. Practitioners indemnify the Company against any claim that may arise against the Company by a Customer for reasons concerning the delivery of Your Products that have been marketed or transacted on the Platform. The Company will provide the User with notice of any such claim or proceedings.
13. OUR LIABILITY
a. As the User, You expressly acknowledge and agree that use of the Platform is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with You, the User. To the maximum extent permitted by applicable law, the Platform is provided ‘as is’ and ‘as available’, with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:
i. any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and,
ii. any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or User account or the information contained therein;
iii. any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
iv. any unauthorised access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
v. any interruption or cessation of transmission to or from the Service; any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
vi. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service;
vii. and/or the defamatory, offensive, or illegal conduct of any User or third party.
b. We do not accept any liability for the actions of any other Users or Practitioners or any breach by You in your terms and conditions of sale, which apply to a sale of Products by You. To this end you understand that the Company and the Platform it runs is a hosting, booking and discovery platform for third party, independent Practitioners and it is the Practitioner who is responsible for appropriately describing the Products they are selling to Customers and their health and wellbeing during any class or activity being run by them.
c. Products or services offered on EPOCH are not intended to be a substitute for legal, financial, professional medical, psychological, or mental health advice, diagnosis, or treatment. Reliance on the Services is solely at the Customer’s own risk.
d. Although the Services are intended to support the Customer’s personal and/or professional growth to yield positive outcomes, EPOCH, the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, employees, Practitioners or other users do not promise improvement in any area of the Client’s life.
e. The Customer may initially experience an increase in discomfort emotionally or physically in response to the new internal landscape being created through engaging in the therapeutic processes that are part of some Services. The Customer shall tell the Practitioner hired through EPOCH if the Customer experiences any such discomfort so that the Practitioner and the Customer can agree on the best course of action.
f. Notwithstanding clause 9.3, the Company is not responsible for any health-related issues that arise for the Customer during or after the Services used on EPOCH.
g. Although the Services are designed to improve the Client’s wellbeing, emotional health, and the Client’s quality of life, IHS does not warrant nor guarantee any results. In particular, the Company does not warrant nor guarantee:
i. any kind of success in the Customer’s personal or professional life;
ii. achievement of any specific goals or targets;
iii. increase of income and finance levels;
iv. the Customer’s wellbeing;
v. the wellbeing of the Customer’s clients, friends, or family; or,
vi. the achievement of any expectation the Customer may have in relation to the Services and their outcomes.
h. If we fail to comply with these T&Cs, we are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these T&Cs or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach, or if it was contemplated by You and Us at the time we entered into the Contract.
i. To the extent permitted by law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter. The Company shall not be liable for:
i. any indirect, punitive, special or consequential damages or losses;
ii. loss of profits or anticipated savings;
iii. business interruption;
iv. loss of income; or
v. loss of opportunities.
j. This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore, the above limitations or exclusions may not apply to the User. The terms give User-specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
14. EVENTS OUTSIDE OUR CONTROL
a. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined in the clause below.
b. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, government intervention and lockdown or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
c. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
i. we will contact you as soon as reasonably possible to notify You; and,
ii. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
15. COMMUNICATIONS BETWEEN US
a. When we refer, in these Terms, to "in writing", this will include e-mail.
b. If a User wishes to contact us in writing, please see the Contact Us section of our website.
c. If we have to contact You or give you notice in writing, we will do so by email using the address in your User profile.
16. OTHER IMPORTANT TERMS
a. Any Customer contact details (including emergency contact name and phone number, and Customer address and telephone number) provided to Practitioners during their time using the Platform are given for use in the event of a medical emergency during the Service purchased and for no other purpose whatsoever. You do not have permission to store this information or use it for your own promotional purposes; this information has been given to Practitioners by Customers on this understanding and without permission for any other purpose.
b. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these T&Cs.
c. This contract is between the User and Us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
d. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
e. If we fail to insist that a Practitioner perform any of their obligations under these Terms, or if We do not enforce our rights against that Practitioner, or if We delay in doing so, that will not mean that We have waived Our rights against that Practitioner and will not mean that the Practitioner does not have to comply with those obligations. If We do waive a default by the Practitioner, We will only do so in writing, and that will not mean that We will automatically waive any later default by the Practitioner.
17. JURISDICTION
Please note that these T&Cs are governed by the laws of England and Wales and fall under their exclusive jurisdiction.