Terms and Conditions for Hair Health & Wellness by Educ'Hair
Thank you for visiting Educ’Hair (“www.educ-hair.com”) and using our online hair therapy consultation services (“Services”) and digital products (“Products”). These Terms and Conditions (“Terms”) govern your use of the Website and Services. By using the Website or Services, you agree to be bound by these Terms.
Engaged Supplier
Teachable, Inc.
470 Park Avenue South, 6th Floor
New York, New York 10016
EIN: 850704098
Email: support@teachable.com
Identification
1. Educ’Hair- a brand specializing in hair health and wellness education is owned by Sara Martins, with the tax identification number 233489240. Based at Rua da Areia Branca, no. 10, 2040-087 Rio Maior, Educ’Hair’s main activities include commerce, including online commerce, of educational and professional training materials for the promotion of scalp and hair health and overall wellness, and it will hereinafter be referred to as The Company.
2. The TEACHABLE platform is provided by TEACHABLE INC., hereinafter referred to as one of the SUPPLIERS.
Eligibility
You must be at least 18 years of age to use the Website and Services. If you are under 18 years of age, you may not use the Website or Services without the consent of a parent or guardian.
The client and Hiring of the Company
1. The internet user who accesses the website “www.educ-hair.com” and promotes registration on the same database of the aforementioned digital platform, then clicks on the options “Buy now”, “Buy”, or any other phrase on the purchase button, entering their credit card information or otherwise subscribing electronically, verbally, or by other means, expressly consents with knowledge and intent, thereby entering into a legally binding contract with the COMPANY, becomes a CLIENT of the COMPANY, and agrees to receive digital products or services from the COMPANY provided through the platforms mentioned above, TEACHABLE.
2. The absence of a written or physically signed signature by the CLIENT and/or the COMPANY and/or SUPPLIER does not in any way invalidate the existence or impair the validity of this contract.
Use of the Website, Products and Services
You agree to use the Website, Products and Services in accordance with these Terms and all applicable laws and regulations. You agree not to use the Website, Products or Services for any illegal or unauthorized purpose. You agree not to use the Website, Products or Services to transmit or post any material that is defamatory, harassing, threatening, obscene, or otherwise objectionable. You agree not to use the Website, Products or Services to interfere with the use of the Website, Products or Services by others.
Online Hair Therapy Services "Hair Health & Wellness Consulting Program"
1. The online hair therapy consultations (“Services”) are provided by licensed hair therapists. The Services are for informational purposes only and do not constitute medical advice. You should not rely on the Services as a substitute for professional medical advice, and should always consult with a qualified healthcare professional before making any decisions about your health.
2. Upon execution/acceptance of the contract, electronically, verbally, or by other means, the CLIENT agrees to receive, and the COMPANY agrees to provide, educational courses, sales of digital products, and services as described on the website “www.educ-hair.com” and in accordance with the following product, course, or courses purchased by the CLIENT.
3. Within the technological limitations of the COMPANY, the CLIENT will have access to the courses for one year.
4. The services provided by the COMPANY under this contract are expressly and exclusively limited to the courses contained in this contract and/or provided on the COMPANY’s website.
5. According to the pedagogical method determined by the COMPANY, the Services/Products may include the provision of:
a) Video and/or PDF content;
b) Transcriptions and MP4s;
c) Support materials such as handbooks, worksheets, planners, and excel or PDF format sheets;
d) Free Facebook and/or Whatsapp group;
e) Additional bonus materials as determined by the COMPANY.
5. The COMPANY reserves the right to substitute services equal to or comparable to the products for the CLIENT if reasonably required by prevailing circumstances.
6. In the event that the COMPANY removes content or deprecates the use of the platform, the COMPANY must inform the CLIENT sixty (60) days in advance via the email address provided by the CLIENT upon registration on the SUPPLIER’s platform.
7. You agree to use the Services/Products for your own personal use only. You agree not to distribute or copy the Services/Products without our prior written consent.
Client's duties and rights
1. The CLIENT must:
a) Respect the COMPANY and any of its representatives/hair therapists;
b) Be open and receptive to receiving the products/services provided and subject to the evaluation of the COMPANY’s hair therapists;
c) Attend the sessions, actively participate in sessions and pedagogical evaluation activities, as well as any operational activities proposed by the COMPANY;
d) Contribute to a healthy learning environment, always treating colleagues, trainers, hair therapists and other agents with civility and respect, under penalty of, if failing to fulfill this duty, being expelled from the training without the right to a refund of paid amounts and payable amounts;
e) Carefully use and ensure the preservation of the provided goods;
f) Be included in the groups of students formed by the COMPANY;
g) Pay promptly and punctually the stipulated value for the attended course.
h) Preserve the copyright of all content, methods, and teachings transmitted. The re-sale of any content, course, or method, even when referencing the author, is not permitted.
2. The CLIENT is responsible for their own success and the implementation of the achieved objectives.
3. If the CLIENT fails to fulfill any of the aforementioned duties, as well as others resulting from this contract, the COMPANY reserves the right to suspend the CLIENT from the session, suspend the provision of the product/service, remove and expel the CLIENT from the product/service provided, without the right to a refund of paid amounts and payable amounts owed for attending the training(s) or issuing any type of certificate of attendance for the product/service in question.
4. The COMPANY has the right, at any time for the duration of the product/service, to unilaterally terminate this contract if it finds that the CLIENT is unsuitable for the product/service being provided.
5. In the event of voluntary abandonment of any product/service to be completed by the CLIENT, with or without reason, there will be no refund of the amount paid, except within the warranty period.
6. When, for reasons beyond its control and not attributable to it, the COMPANY cannot fully comply with the planned product/service schedule, it may make the necessary adjustments and must always communicate and justify this fact to the CLIENT.
7. The change in the plan for the reasons mentioned in the previous paragraph does not confer any right to compensation for the CLIENT.
8. The CLIENT has the following rights:
a) To benefit from the training according to the programs, methodologies, and processes defined by the COMPANY and its trainers/hair therapists;
b) To access the platform, bonuses, groups, channels, and materials compatible with the type of training;
c) To receive guidance and information necessary for their successful participation in the training.
Fees and Payments
1. Upon purchase, the CLIENT agrees to promptly and fully pay the TEACHABLE platform, one of the SUPPLIERS, or the COMPANY, in the case of bank transfer, MBway, and other agreed-upon solutions, or via the SITE “www.educ-hair.com”, the total price of the products, course or courses, and/or services as listed on the website and depending on the payment option selected by the CLIENT for the specific option chosen.
2. If the CLIENT selects a payment plan option, the CLIENT agrees to pay fees to the TEACHABLE platform of the SUPPLIER, according to the payment schedule established by the COMPANY, or as otherwise provided to the CLIENT, and the payment plan selected by the CLIENT (the “Fee”).
3. The CLIENT acknowledges that the COMPANY will charge the credit or debit card indicated by the CLIENT.
4. The installment payment of the price of any product/service, exclusively for economic effort reasons, requires the indication of the fiscal ID by the CLIENT (VAT, NIF, EIN), through the purchase page on the platform in question.
5. In the event that the CLIENT, under the terms of the preceding paragraph, chooses to split the payment into installments, the CLIENT must fully and timely pay the respective installments to which they are bound, under penalty of the COMPANY suspending the CLIENT from the product/service, suspending the provision of the product/service, and, if the CLIENT does not regularize the situation of non-compliance within eight (8) days, removing and expelling the CLIENT from the provided product/service as well as from the SUPPLIER’s platform and other accesses to social network groups, websites, and applications related to the courses provided, without the right to a refund of paid amounts and payable amounts owed for accessing the product/service.
6. Additionally, in the case of a defaulting CLIENT who failed to timely and promptly pay any installment of the price, who did not timely regularize the situation, and who has already received content and accessed any part of any product/service provided by the COMPANY, all due and outstanding installments are automatically due in favor of the COMPANY, and the COMPANY is also entitled to legal and commercial interest until the effective and full payment and a financial penalty of €1,500.00 (One Thousand and Five Hundred Euros).
7. To ensure customer satisfaction, Educ’Hair has a detailed refund policy, subject to the following terms:
a) all course enrollments include a full refund guarantee, which can be requested up to fourteen (14 days) from the date of purchase. The request should be made through the email address “contact@educ-hair.com.
b) in the case of a course enrollment when the payment is made directly to the COMPANY outside the enrollment period and an invoice has already been issued, the payment is non-refundable.
c) digital downloads such as workbooks, handbooks or other instant digital information products do not have a refund guarantee and are therefore non-refundable. In these extraordinary cases, the refund guarantee does not apply because it is not possible to refund something that the client has already enjoyed and consumed.
d) all coaching offerings (services) are specifically tailored to each client, and once consumed, due to the intangible nature of the service, it is non-refundable.
e) all sets of courses bundled package, the refund policy applicable for courses will apply.
f) all sets of courses and coaching offerings, the refund policy applicable for coaching will apply.
g) all sets of digital products bundled package, the refund policy applicable to digital products will apply.
h) all sets of digital products with courses or coaching offerings as a bundled package, the refund policy for digital downloads will apply.
i) all paid subscriptions are entitled to terminate at any time within fourteen (14) days of initial payment and receive a full refund. To cancel a paid subscription plan, the cancellation becomes effective at the end of the then-current billing cycle, and no refund is due.
j) If the CLIENT joins any group on Facebook’s social networks or the Whatsapp application, exclusively for the COMPANY’s students, they agree to allow their Facebook/Instagram profile or user and mobile contact to be removed from the groups before a refund is processed;
k) The CLIENT is aware and acknowledges that the refund may take thirty to sixty days to be processed by the TEACHABLE supplier and that the funds may take more than five (5) to fourteen (14) days to appear on their credit card or account, given that the refund will be processed by the TEACHABLE platform, depending on where the product was purchased. The COMPANY is not responsible for issuing invoices when the purchase is made through TEACHABLE.
Advertising and personal data
1. The internet user who accesses the website “www.educ-hair.com”, by promoting registration in the same database of the aforementioned digital platform, expressly acknowledges that the COMPANY, for management purposes and other purposes permitted by law, will collect and hold personal data relating to their person, including name, tax numbers, address, bank details, access data, metadata, email addresses, and mobile phone numbers, and the CLIENT will have the right to access this information under applicable legal terms.
2. The CLIENT agrees and gives consent to the COMPANY to process personal data related to their person for internal management purposes, advertising – via physical means, email, mobile phone number, and/or internet social networks – or other purposes permitted by law, and, when necessary, to make this information available to third parties, service providers, public bodies, and any other entities, under legal terms.
3. The CLIENT expressly consents to the COMPANY and the SUPPLIER, namely, in the collection, registration, and integration into databases, organization, storage, adaptation, alteration, retrieval, consultation, use, deletion, and communication by transmission, dissemination, or any other form of provision, including the possibility of comparison and interconnection.
4. The COMPANY guarantees strict confidentiality in the processing of the CLIENT’s personal data, using it only for the purposes stated in this contract and the other terms and conditions of use of the SUPPLIER’s platform.
5. The COMPANY is committed to protecting the privacy and confidentiality of the CLIENT’s personal data, in accordance with the law. The CLIENT can exercise their rights to access, update, or delete their personal data by contacting the COMPANY through the email address “contact@educ-hair.com“.
Disclosure
1. The CLIENT agrees that the COMPANY may use any written statements, images, audio recordings, or video recordings of the CLIENT obtained during registration for the course. This includes any content that the CLIENT may post on social media accounts, public videos, online groups, and forums, as well as any statements, images, or recordings captured about the CLIENT’s participation in the Company’s Products/services.
2. The CLIENT waives any right to payment, royalties, or any other consideration for the COMPANY’s use of such written statements, images, audio recordings, and video recordings, and the CLIENT waives the right to inspect or approve the finished product used by the COMPANY. The COMPANY is hereby released from any liability and forever discharged from all claims, demands, and causes of action that the CLIENT, their heirs, representatives, executors, administrators, or any other persons acting on behalf of the CLIENT or the CLIENT’s estate, have or may have by reason of this authorization.
Disclaimers of Liability
1. By participating in any course, mentorship, challenge, service or event, the CLIENT acknowledges that neither the COMPANY’s founders nor other representatives constitute medical advice. You should not rely on the Services as a substitute for professional medical advice. You should always consult with a qualified healthcare professional before making any decisions about your health. The content conveyed should not be interpreted or substituted for any type of therapy or professional advice in that scope.
2. The CLIENT understands that the COMPANY does not offer any warranty regarding the outcome of the courses and products. The courses and products may include features, examples, skills training, as well as tool recommendations. The content included in the products/services is based on the experience of the COMPANY’s founders and original methodologies based on professional experience knowledge.
3. The COMPANY may provide the CLIENT with information related to third-party products and/or services that the COMPANY believes may benefit the CLIENT, but such information is only a recommendation.
4. The COMPANY is not responsible for any adverse effects or consequences that may result, directly or indirectly, from any recommendations made.
5. The CLIENT agrees that these are only recommendations and the COMPANY will not be held liable for the products and/or services provided by third parties to the CLIENT. If the COMPANY is an affiliate of any product and/or service and receives a commission, this information will be disclosed at the time of purchase.
6. Any testimonials, earnings, or examples displayed through the COMPANY’s website are only examples of what may be possible for the CLIENT. There can be no assurance as to any particular outcome based on the use of the COMPANY’s Course. The CLIENT acknowledges that the COMPANY has not and does not make any representation regarding a future outcome of any kind that may be derived as a result of the use of the COMPANY’s Products/services.
Intellectual Property Rights
1. With regard to content specifically created for the CLIENT as part of the Courses and other products/services, the COMPANY retains all copyrights, other intellectual property rights, and any other data or materials used or subsisting in the content, whether completed or not. The CLIENT receives a license for solely personal use of any content provided by the COMPANY, unless otherwise specified in the Product/service. The CLIENT shall not share any login or other information about the Course with third parties, and doing so is a violation of this Agreement. The CLIENT agrees to respect the following points regarding copyrights:
a) Not to plagiarize information, lessons, and materials from Educ’Hair’s products/services
b) Not to resell, teach, and/or claim authorship of the products/services methods and content, even when making reference – Not allowed
c) Not to disclose, send or replicate products/services support materials
d) Disclose products/services internal information to external individuals
e) Make screenshots and screen recordings to disclose products/services information externally Nothing in this agreement shall transfer ownership or rights of any intellectual property of the COMPANY to the CLIENT, nor grant any right or license beyond those stated in this Agreement.
2. The COMPANY reserves the right to immediately remove the CLIENT from the course or other product, without refund, and proceed with the appropriate legal actions if the CLIENT is found to violate this intellectual property policy and refuses to remove all plagiarized information from the channels where it was disclosed, as well as issue a statement about the incident.
Duty of respect for the company
1. The Parties agree and accept that the sole venue for resolving a dispute shall be the venue established below.
2. The Parties agree not to engage in any conduct or communication with third parties, public or private, with the purpose of depreciating the other.
3. The CLIENT shall not make any false, derogatory, or disparaging statements in public or private regarding the COMPANY or its business, employees, or agents.
4. The COMPANY shall not make any false, derogatory, or disparaging statements in public or private regarding the CLIENT and their relationship with the COMPANY.
Good faith
Each Party represents and warrants to the other that such Party has acted in good faith and agrees to continue to do so in the negotiation, execution, delivery, performance, and any termination of this Contract.
Warranties disclaimer
The information, education, and content provided to the CLIENT by the COMPANY under this Agreement are provided “as is,” without any express, implied, or statutory warranties or representations; including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose. Neither is there any warranty created by a course of dealing, course of performance, or trade usage.
Limitation of Liability
1. By using the services and purchasing products from the COMPANY and acquiring a Course, the CLIENT accepts all and any risks, foreseeable or unforeseeable, arising from such transaction.
2. The CLIENT agrees that the COMPANY shall not be liable for any damages of any kind resulting from or arising out of, including, but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages arising from the use or misuse of the Educ’hair Products/services.
3. The CLIENT agrees that the use of Educ’Hair’s products/services are at the user’s own risk.
Total Agreements
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Validity, applicable law and Venue
1. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 2. It is hereby agreed by agreement that this Agreement is subject to Portuguese Law, and in case of need, the venue of the district of the COMPANY’s headquarters is chosen, with the exclusion of any other venue as competent to settle any litigation resulting from this Agreement.
For any additional questions, kindly reach out to Educ’Hair for clarification via email: contact@educ-hair.com
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