Last Revised: December 15, 2020
The Website and App are each owned and operated by CE Window (CE Window, we or us). These Terms and Conditions (Terms) govern the person, organization or entity (you) that accesses and/or uses the websites (whether or not on a paid basis) or mobile applications owned by CE Window or obtains services from us.
Please read these Terms carefully and make sure you understand them. We may amend these Terms at any time at our absolute discretion.
By accessing the App or our Website (either on a paid or unpaid basis) or by engaging us to provide services, you acknowledge that you have read, understood and agreed to these Terms. If you do not agree to one or more of these Terms, you must not use the App, access the Website, or obtain services from us.
Any changes will be made available to you through the Website. If you continue to use the App, access the Website or obtain services from us following any amendments to these Terms, you are agreeing to be bound by the amended Terms.
Appmeans the 'CE Window' mobile application including the Content and Services available on that application.
Content and Servicesmeans all of the material available on the Website (either on a paid basis or otherwise), through the services offered by or available on the Website and any other content or service we offer.
Confidential Informationincludes confidential information about you, your credit card or payment details, and the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, technology, and other information of either party whether or not such information is reduced to a tangible form or marked in writing as 'confidential’.
Corporate Subscribermeans an organization or entity that has entered into an agreement with us to be provided with corporate subscription services.
Employee Subscribermeans, subject to these Terms, a User of the Website or App who is an employee of or contractor to a Corporate Subscriber where the Corporate Subscriber has paid for subscription Content and Services for the Employee Subscriber.
Intellectual Propertyincludes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs, any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any Confidential Information.
Subscribermeans a User of the Website who has registered and paid for subscription Content and Services, either individually or because that User is an Employee Subscriber.
Usermeans a visitor to the Website who has registered within the Website as provided for in clause 3 of these Terms
Visitormeans a visitor to the Website who has not registered as a User or Subscriber
Websitemeans www.CEwindow.com, and such other URL we may use from time to time including the Content and Services available on those websites
2.1You guarantee and warrant to CE Window that you are at least 18 years of age and that you possess the legal capacity to enter into these Terms. You must not access or use our Website or Services if you are under the age of 18 or do not have the legal capacity to enter into these Terms.
2.2You may only download, install, access or use the Website strictly in accordance with these Terms. You confirm that you will not use the Website for any purpose that is prohibited by clause 6 of these Terms or which results or has the capacity to result in a breach of any regulation, rule, code or other ethical obligation.
2.3CE Window reserves the right to refuse to accept any person, organization or entity as a User or Subscriber of the Website without giving any reason for such refusal.
2.4Use of the Website does not automatically require payment, unless a User is a Subscriber, which will provide the Subscriber with additional subscription Content and Services.
2.5You must not interfere with, damage or disrupt the Website (or any software, network or equipment in connection with the Website) in any way.
2.6You are responsible for ensuring that your use of the Website does not breach any applicable terms of agreement with your mobile service provider or wireless service provider or any other agreement which relates to the Website.
2.7We may change or update the Website and any materials in or on the Website without notice to you.
2.8While we will use reasonable endeavors to keep the Website available, we are not liable to you if the Website are unavailable for any period of time. We make no warranty that your access to the Website will be uninterrupted, timely or error-free. You acknowledge that we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions to the Website and that your use of the Website may be interrupted or otherwise affected during those times.
2.9We do not warrant that the functions contained in any materials on the Website or your access to the Website will be error free, that any defects will be corrected, that the Website or the Servers which store and transmit material to you are free of viruses or any other harmful components.
2.10We reserve the right to suspend or withdraw, either temporarily or permanently, your access to the Website at any time, including without notice. For example, your right to access and use the Website may be suspended or withdrawn immediately if you breach any of these Terms. We may impose restrictions on the length and manner of usage of all or part of the Website for any reason. If we impose restrictions on you personally, you must not attempt to use the Website under any other name or on any other mobile device. If your access to the Website ends for any reason, you must (at our option) return or destroy any copies of the Website and the App materials in your possession (regardless of the format of the copies).
3.1The CE Window Website feature a User Engagement Policy (Policy) which forms a part of these Terms as it applies to the Content and Services, which you elect to use. You agree to be bound by this Policy in your use of the Website' Content and/or Services. You are solely responsible for determining the suitability of any of the Content and Services, and your reliance on any information that is provided to you through our Website, Content or Services is at your own risk.
3.2All Content available on the Website includes the date that the Content was developed. Given the nature of the Content and scientific advancements, new evidence may emerge which may (in whole or in part) alter the correctness of the Content. It remains your responsibility to verify any information before you use it in a clinical context.
3.3The Content is for your general information and educational purposes only, to assist in enabling you to satisfy your continuing professional development requirements. CE Window accepts no liability for the performance and exercise of your work duties or professional skills.
3.4The Content does not constitute any medical or health advice nor consultation and should not at any time be considered a replacement for the services or advice of a qualified health professional engaging within a specific context. CE Window expressly advises that you must not disregard, or advise others to disregard, medical advice or delay seeking it because of the Content.
3.5While CE Window uses reasonable endeavors to ensure that all Content is complete and accurate at the time of publication, we accept no responsibility for any error, omission or defects contained in the Content. CE Window does not warrant the accuracy of information provided by any third party and accepts no liability for any loss or damage which you may suffer in reliance on it. If you access another Website via clicking on a link contained in or on our Website, then the terms and conditions applicable to that Website govern your use of it and CE Window does not warrant the accuracy of information provided on the third-party Website and accepts no liability for any loss or damage which you may suffer in reliance on it.
3.6Visitors are welcome to access free Content on the Website including, but not limited to some articles and videos.
3.7You may register as a User of the Website. In order to register as a User, you must provide your personal details which may include your license number, name and/or email. A User account will be automatically created for you upon provision of your personal details. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Furthermore, it is your responsibility to keep your account details confidential. You are liable for all activity on your account. You acknowledge that you will not disclose your account details to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not those activities or actions have been authorized by you. You must immediately notify us of any unauthorized use of your account. No fees are payable by Users for general use of the Website unless a User registers as a Subscriber.
3.8You may subscribe to the subscription Services on the Website. In order to subscribe to the subscription Services, you must provide your personal details including but not limited to your name, email, payment information, professional information including license, qualifications and such other information requested by us from time to time. A User account will be automatically created for you upon provision of your personal details. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Furthermore, it is your responsibility to keep your account details confidential. You are liable for all activity on your account. You acknowledge that you will not disclose your account details to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not those activities or actions have been authorized by you. You must immediately notify us of any unauthorized use of your account.
If your personal or payment information changes, you can update this on the Website or you can contact CE Window as soon as practicable to inform us of the changes.
CE Window is not bound to accept your request to subscribe to the subscription Services. CE Window will make an offer to provide you with the subscription Services upon issuing you with an order confirmation email. You will be deemed to have accepted our offer upon full payment of the relevant Fee for the subscription package you have nominated.
CE Window reserves the right, to amend these Terms, including any subscription conditions from time to time. Any changes will apply to you for subscription Services provided to you after the date of the change and in any event no earlier than the date that the amended or new Terms or subscription conditions are provided to you. If the amendment affects a pricing change, you have the choice to continue using the subscription Services or to cease using the subscription Services without penalty. You agree that your use of the Website after notice of change to your subscription terms has been provided to you indicates your acceptance of these changes.
As a Subscriber, you are required to make payments in accordance with these Terms.
3.9If you are an Employee Subscriber, then you will be treated as a Subscriber and be entitled to access all paid Content and / or Services. While you are an Employee Subscriber you will not personally be required to pay any Fee for the subscription services or provide us with payment information.
You are not required to become an Employee Subscriber if the organization or entity for whom you are an employee or contractor is or becomes a Corporate Subscriber - you may simply be a User or retain an individual Subscription.
You understand and agree that if you are an Employee Subscriber you will be linked to a Corporate Subscriber (your employer or the organization or entity to whom you are a contractor). You acknowledge and agree that the Corporate Subscriber may access and view an Employee Subscriber's CPD Organizer and relevant personal details for the period during which the Employee Subscriber has been or is an employee of or contractor to the Corporate Subscriber.
The Corporate Subscriber will be able to access reflections entered on the Website by their Employee Subscribers (during the period of their employment with the Corporate Subscriber) on an aggregate (non-identified) basis.
You acknowledge that the Corporate Subscriber can also allocate related activities to you and track your progress regarding those activities.
You may at any time notify CE Window that you are no longer employed by or contracted to a Corporate Subscriber and you will then be removed from the Corporate Subscribers' subscription. If you wish to retain access to the paid Content and / or Services, you will need to enter into an individual subscription with us, in accordance with these Terms.
If you have an existing annual subscription and you become an Employee Subscriber (i.e. you become an employee of or contractor to a Corporate Subscriber, or your employer or organization or entity to whom you are contracted becomes a Corporate Subscriber), and your annual subscription has greater than 60 days of the term remaining, then we will refund the proportion of your annual fee that you will not use. If you have less than 60 days of the term of your annual subscription remaining, you will not be entitled to a refund. If you are a monthly subscriber, then you can give us 30 days' notice of cancellation of your monthly subscription.
3.10As a part of the Content and Services accessible on the Website, CE Window may provide educational content on a variety of healthcare related topics necessary to satisfy the continuing professional education requirements of health care professionals. Your use of the Content.
The Content is available in different formats. Your ability to access, view and use the Content is subject to your operating system or device having the capability to download or view the Content in its uploaded format, subject always to your access rights as a Visitor, User or Subscriber of the Website as set out in these Terms.
The following conditions apply to the use of different Content available on the Website:
Video learning activities, online lectures and videos
As a part of the Services available on the Website, CE Window may provide you with a tool to record your CE Hours. Your access to and use of the CPD Organizer is subject to the level of access you have on the Website. The CE hours are private to each User and only Users can access their CE hours (except in the case of Employee Subscribers, in which case the relevant Corporate Subscriber linked to the Employee Subscriber at the relevant time can access the Employee Subscriber's CE hours for the period during which the Employee Subscriber is an employee of or contractor to the Corporate Subscriber).
You are encouraged to regularly back-up your continuing professional education information to protect it against unexpected loss. It is also recommended that you print a hard copy of your continuing professional education information from time to time. We recommend that you not use the Website (either on the App or via your computer) as the sole repository of your continuing professional education information. You acknowledge and agree that we are not liable for any loss of data occasioned to information stored on the Website or App as a result of an error or malfunction of the App or the Website and you agree to indemnify and hold us harmless against any loss, harm or damage that you suffer as a result of such data loss or our inability to provide reports due to technological conditions outside of our reasonable control.
You acknowledge and agree that we may send you regular email notification of forthcoming educational programs and activities run by CE Window that could enable you to accrue CE hours. You may opt-out of receiving such information at any time by using the unsubscribe link contained in our emails to you.
CE Window may make the Content and Services available to you through the App. These Terms supplement and incorporate the Apple, Inc. Terms and Conditions including, without limitation, the Licensed Application End User License Agreement provided therein (Apple Terms) and the Android, Google Inc. Terms and Conditions including, without limitation, the License Agreement and Terms of Application (Android Terms). If any of the provisions of the Apple Terms or the Android Terms conflict with these Terms, these Terms have priority, solely to the extent that these Terms apply to the App.
To download, install and use the App, you must be at least 18 years of age and register for an account on the App account. Basic information is required when registering for an App. Each User is required to provide certain information, including but not limited to their license, name, email address and/or password when registering for an account. Each User agrees to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. It is each User's responsibility to keep their App account details and password confidential. Each User is liable for all activity on their App account.
You must solely determine the device suitable for downloading, installing and using the App and CE Window is not liable and responsible if your mobile device does not support the App. To download, install and use the App, you may be required to have internet and telecommunication connectivity. CE Window will not be liable for any internet or telecommunication costs which you incur as a result of your use of the App. You agree not to reproduce, duplicate, re-sell, reverse engineer, modify, interfere with or damage the App, the Content and Services on the App, or any part thereof.
4.1Other than in respect of Employee Subscribers, in order to make use of the subscription Services, including the subscription Content, you must pay the fees for the Services and Content as set out on the Website at the time of subscription (Fees). You must nominate a subscription and agree to be bound by the subscription for the duration of your nominated subscription term.
To the extent permitted by law, payments made, once paid, are not refundable. We do not offer refunds for change of mind.
4.2When you become a Subscriber (other than an Employee Subscriber) you will be required to provide CE Window with accurate, complete and current credit card or account details (in a form acceptable to CE Window, in its sole discretion) to enable us to process your payment.
If you make a payment by way of credit card, you warrant that you are authorized to use the credit card to make the payment, that the payment will be honored by the card issuer, and that you will maintain sufficient funds in the account to cover the Fee.
CE Window warrants that it will take all reasonable steps to ensure that your credit card and/or account details are securely stored. We are not responsible or liable for misuse of your payment information by third parties that is beyond our reasonable control.
When purchasing from CE Window, card details are transmitted through an application programming interface. Card details are hosted by CE Window after processing.
If CE Window does not receive/cannot deduct payment on the due day (as the case may be), you agree to pay all amounts due in arrears upon demand. Should your credit card expire during the term of your nominated subscription Package or your account details change, you must inform CE Window of your updated details. You may do this by navigating to the settings section on the website, or by contacting us using the contact details on the Website.
In circumstances where you have authorized us to deduct payments from your credit card or account as a part of the monthly subscription Package, if any attempt to debit the Fee fails we may make further attempts to debit so much of the Fee as is due to us.
If after twenty-one days we cannot debit your credit card or account, your subscription may be suspended or cancelled until we receive payment. We will continue to attempt to bill you until your cancel your subscription.
If any Fee is unpaid, then without limitation the following actions may be taken by CE Window: (i) CE Window may suspend your access to the subscription Content and Services on the Website until payment is made, (ii) CE Window may issue you with a reminder and/oror final reminder email, (iii) CE Window may attempt to process your credit card or account for payments in arrears, and (iv) CE Window may terminate your subscription at any time, following failure to receive payment of the Fee, whether or not CE Window has taken any of the steps above.
4.2.5You agree to notify us of any billing problems and discrepancies with your credit card or account as soon as practicable and in any event before your next subscription payment is due.
4.3 For Annual Subscription: Upon the expiry of your subscription your subscription will renew automatically for a further twelve month or similar period unless you cancel your subscription at least 1 day before the expiry of your subscription Package.
4.4You can cancel your subscription Package at any time on the CE Window website. You must cancel your subscription at least 1 days prior to your next billing date in order to avoid further Subscription payments. Subscriptions are self-managed services, meaning you must cancel your own subscription via the CE Window Website.
The Content on the Website is owned by or licensed to CE Window. You agree that, as between you and us, we own all Intellectual Property rights in our Content and that nothing in these Terms constitutes a transfer of any Intellectual Property in our Content. Your use of the Content does not grant you a licensee, or act as a right to use any Intellectual Property in the Content, whether registered or unregistered, except as stated in these Terms or with our written permission. You must not breach our Intellectual Property rights
If you choose to add any content on the Website, you (i) warrant to us that you have all necessary rights to post the content, (ii) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorize any other person to do the same thing, and (iii) you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
We reserve the right to edit or remove any of your content from the Website.
You are solely responsible for any content you submit to the Website. You acknowledge and agree to hold CE Window harmless and defend and indemnify us (our employees) against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis) including in tort, contract or negligence, arising out of or in connection with your breach of this clause.
To the extent permitted by law, neither CE Window, nor its directors, employees or agents, accept any liability in contract, tort (including negligence) or otherwise for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or any third party, or claims made against you or any third party which results from:
This clause will survive the termination of these Terms.
You agree to indemnify CE Window for and pay to CE Window on demand the amount of all losses, costs, charges, damages, expenses and other liabilities incurred in connection with any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal and other professional costs, resulting directly or indirectly from:
You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arises as a result of your use of the Services or Content including but not limited to disputes, complaints, investigations or litigation that arises out of or related to incorrect information you have given us.
This clause will survive the termination of these Terms.
You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavors to protect our Confidential Information from any unauthorized disclosure; and only to use our Confidential Information for the purpose for which it was disclosed or provided by us to you, to provide better quality Services and Content to you and not for any other purpose.
These obligations do not apply to Confidential Information that (i) is authorized to be disclosed, (ii) is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms, (iii) is received from a third party, except where there has been a breach of confidence, or (iv) must be disclosed by law or by a regulatory authority including under subpoena.
This clause will survive the termination of these Terms.
If any clause (or part thereof) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a clause (or part thereof) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the clause (or part thereof) must be severed from these Terms and the remaining provisions of these Terms are valid and enforceable.