When you register for a Phenologix course and/or use this website at Phenologix.xyz (“Website”) you acknowledge your acceptance that these terms of use (“Terms of Use”) herein govern your transaction(s) with Phenologix, your use of the Website and our learning tools. Please note that these Terms of Use will change from time to time, and we may post revised Terms of Use on the Website, which will become effective as of the effective date listed thereon. Your continued use of this Website and of Phenologix’s services constitutes acceptance of these Terms of Use, and of the terms and conditions in effect at the time of any such use.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Phenologix’ services (“Services”), you must not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You must not use the Services in any manner that could damage, disable, overburden or impair any Phenologix® equipment or property. You must not attempt to gain unauthorized access to any Services, or obtain, or attempt to obtain any materials or information through any means not intentionally made available through the Services, or Phenologix® staff. This Website is intended for the lawful use of Phenologix® courses attendees, employees, instructors, and management. Subject to the Terms of Use, Prep Doctors grants you a non-transferable, limited right of access and the use of the Phenologix® Website, Services and course materials. (“Materials”). As such, you may not allow others to, directly or indirectly subject to these Terms of Use.
USE OF WEBSITE
This site is provided by Phenologix on an “as is” basis and Phenologix makes no representations or warranties of any kind, express or implied, including warranties as to accuracy or timeliness of information on this Website, merchantability and fitness for a particular purpose of any goods or services, or non-infringement of Website content. Phenologix is not responsible for technical, hardware or software failures of any kind; lost or unavailable network connections or delayed computer transmissions. Phenologix cannot be responsible for errors or omissions in Website content, and disclaims all liability for damages associated by reliance on Website content by Users. Phenologix will not be liable for any damages or injury that result from the use of this website or the materials on this site, including but not limited to direct, indirect, incidental, consequential, and punitive/exemplary damages.
Our website may contain links to sites not maintained or operated by Phenologix. Phenologix makes no representations or warranties about any other website. Phenologix has no control over the content of any outside websites, even if accessed through this website. In addition, a link to an outside website does not mean that Phenologix endorses the content, or the use, of such websites. These Website Terms of Use govern your use of this website. By using this website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of them, you must not use this website. Your continued use of this website constitutes your acceptance of the Terms of Use, as amended from time to time. This website is provided by the Phenologix®. Phenologix® reserves the right to modify, amend or otherwise update the Terms of Use at any time without notice.
Please check this page regularly to ensure you are familiar with the current version.
PRIVACY
Please read the Phenologix ® privacy notice statement and its terms and conditions for use carefully so that you will understand how your personal information will be used. By using this website, you agree to the Terms of Use of the online privacy statement.
Phenologix® may utilize your personal information for the provision of products and services to you as well as for the purposes of managing Phenologix® business operations. Furthermore, as a course registrant, you acknowledge and consent to Phenologix® occasionally publishing, reproducing, digitalizing, displaying, and otherwise using ,(a) your name, image , likeness, voice, and (b) all photographs, recordings, videotapes, and audiovisual materials of yourself in an manner, form, or format on the Internet, and for the purpose of advertising or promotion of Phenologix® services without further consent from or payment to you.
Registrants may refuse or withdraw consent to use and disclosure of their personal information at any time, in written format, subject to contractual and other legal obligations. However, doing so may preclude entitlement to particular benefits, sessions, or services without compensation or reimbursement in any form.
PHENOLOGIX INTELLECTUAL PROPERTY
All Phenologix® Materials and content is the property of Phenologix® and constitutes confidential information. Unauthorized use, disclosure, reproduction, and publication of Phenologix® content and/or confidential information is against the law and is strictly prohibited. Please see the Phenologix® Intellectual Property and Confidential Information Statement for more information.
All course materials are solely for the personal use of registered course attendees. It is strictly prohibited to transmit, reproduce, sell or distribute any course materials in any form or by any means, including but not limited to photocopying, recording, or other electronic or mechanical methods, without the prior written consent of Phenologix® Management. Phenologix® grants you a limited, revocable, non-exclusive, non-transferable ability to access and/or use the program materials for your personal non-commercial use. You agree that you may not use any of the materials (course booklets, mock examinations, course handouts, video and any virtual postings) in any manner, or for any purpose other than as expressly permitted by this Agreement and in particular you may not:
- create derivative work of any of the materials provided to you during your enrollment at Phenologix®; and,
- resell or reproduce in any way of any of the materials provided to you by Phenologix®
As between Phenologix® and you, Phenologix® owns all rights, title and interest in and to its Services and program Materials. You acknowledge and agree that the Services and Program Materials are provided to you only in accordance with the terms and conditions of this Terms of Use Agreement. Except for the limited rights granted in this Agreement, all rights are reserved by Phenologix®
REGISTRATION AND SERVICE LEVEL AGREEMENT
Course applicants may be subject to a review process and further interviews by the Phenologix® team to determine their eligibility. The review and approval process will be conducted within 3 weeks from the registration date. If the applicant does not receive any further communications from Phenologix®, within 3 weeks from the date of registration, then they are considered accepted and fully registered in the course. While Phenologix® will use all reasonable means to offer sessions/courses at the promised times and by the scheduled instructors, Phenologix® also reserves the right to adjust the course timelines, instructors, number of sessions, and to further cancel sessions, or courses at their discretion. In the event a service is overbooked, Prep Doctors will work on offering an alternate service/time or offer the client a full refund. You agree that no additional compensation other than refunding the original fees shall be given. Courses which do not reach the minimum number of required attendees may be cancelled by Phenologix® and the registered applicants will be notified accordingly. Wherever applicable, any reduction in the number of sessions or cancellation of courses, will result in a prorated reimbursement of payments corresponding to the canceled courses/sessions. In the event of such cancellations, registered students are not eligible to receive any additional compensations. Timing within sessions will be managed by the instructor and allocated to groups and/or individuals as the instructor sees fit, to maximally benefit the trainees.
ELECTRONIC COMMUNICATIONS
By enrolling in Phenolgix®’ services, you subscribe and agree to receive email communication, announcements and/or updates pertaining to the course, other relevant courses, Phenologix®’ service offerings that may be of interest, and/or the exam process communications. Email communication and updates may be sent prior to, during, and after the completion of the course. You may choose to opt out of receiving email communications at any time by using the unsubscribe button in the email or contacting our office directly.
IDENTIFICATIONS AND SUPPORTING DOCUMENTS
Phenologix may at any point prior to or during a service/course ask for identifying documents to prove the identity of a client or the authenticity of registrations or Client Relations requests. Phenologix will not share these documents with a third party without the consent of the client. Unwillingness or refusal to provide identifying documents is grounds for expulsion with no refund.
DENIAL OF FUTURE REGISTRATIONS
The violation of any agreement entered with Phenologix at any point in time may be grounds for dismissal from Phenologix services and grounds for being blacklisted from some or all future Phenologix services.
RESALE AND REASSIGNMENT
Reselling or re-assigning Phenologix course credentials/registrations or seats are not allowed. Any attempts to do so will be grounds for dismissal from the course with no refund. Willingness to give up a seat cannot be used to bypass Phenologix’ waiting list. Reselling of Phenologix content, handouts, and/or books is not allowed and is grounds for dismissal from Phenologix services with no refund
COURSE CREDITS
Phenologix ® credits are non-refundable, non-transferable, and expire in 6 months. Conditional Phenologix® credits (ex. Course-specific credits) are valid for one cycle only, immediately following the current cycle
COURSE FEES
The advertised course fees are subject to change without notice. Any planned change in fees will not impact students already registered. When a client is eligible for multiple discounts or offers, only one discount or offer (the highest in value) will be applied to course fees
REFUNDS
Because our online material is available immediately following the completion of purchase and account confirmation, Phenologix does not offer refunds. All sales are considered final.
RIGHTS OF ACCESS
Phenologix reserves the right to suspend or terminate any or all access to any user, for any reason, including not adhering to the Terms of Use and other terms and conditions herein. Use of this website by non-humans, such as data-mining programs, “bots” or similar means of automatically extracting data from this website is prohibited. Use of such means to access and obtain data from this website constitutes unauthorized access and is strictly prohibited.
COMMERCIAL USE OF WEBSITE MATERIALS
Photographs, logos, video, text and all media on the website are protected by applicable copyright and trademark law. Users of the website are not permitted to use any materials protected by copyright or trademark in violation thereof, and the appearance of any such material on the website does not constitute a license to any User to use such material for any purposes other than use of the website. Pursuant to copyright law this also includes any material from any external learning resources provided and managed by Phenologix. This includes, but is not limited to, external social media channels, applications, and more. All of the above apply without express written consent from Phenologix. You may not and you may not allow others to, directly or indirectly; reproduce, sell, modify of distribute the Materials in any way or transfer the Materials to any other person without the written consent and authorization of Phenologix Management and/or interfere with or disrupt any other person’s lawful use or enjoyment of the Phenologix®’ premises, Materials and/or Services.
ACCESSIBILITY
Phenologix® welcomes and encourages applications from people with disabilities. Accommodations are available upon request for candidates taking any of our Services.
Accessibility Feedback – If you have any comments or feedback with regards to accessibility to our services, please fill the form on the “Contact” page and include “Accessibility Feedback” in your message, or email info@phenologix.xyz
ETHICS STATEMENT
Phenologix, its management, instructors, and employees do not promote shortcuts or cheating in any way. We are completely inline with the mission of the NBDE® from an ethical and academic perspective. Phenologix does not support any endeavour, collective or individual, to undermine the integrity of the NBDE® or its exams or exam materials. Although Phenologix materials are based on the exam blueprint published by the NBDE®, Phenologix does not in any way rely on the materials published by the NBDE® to create its content or test/mock questions. Phenologix has no affiliation with the NBDE®. All Phenologix materials and test/mock questions were created using our own expertises – that includes our textbooks, live courses, online study material and any other services.
OUR PASSING GUARANTEE
Phenologix prides itself on uniquely crafting its study Materials, Services, Program, exam tools, and learning objectives to allow all participants to be both confident and fully prepared for their Phenologix exams. With that in mind, we ensure through the extended and persistent participation in the Phenologix Program, including our dedicated course Materials, Services, numerous case studies, mock exams, and online study sessions you will pass the INBDE exam. If you do not pass then you will be allowed to continue to use the platform or retake a course as long as you satisfy the following conditions.
Our Conditions:
- You are not sharing your credentials with anyone
- You did all the questions in our Materials and your overall performance is above 75%
- You did all the cases and your overall score is above 75%
- You passed your Phenologix mock exams.
TAX
Purchases may be subject to taxes in this jurisdiction and others. Tax rates are different from jurisdiction to jurisdiction. You are responsible for paying all such taxes where applicable.
TECHNICAL REQUIREMENTS
You will be responsible for meeting and maintaining the minimum technical requirements for your selected purchase in order to access certain features of your Phenologix Programs. Access to the Programs may require internet access, for which Phenologix is not responsible. Access to digital publications may require setting up an account on a third party site.
Links -The Phenologix ® reserves the right to prohibit or refuse to accept any link to another website, and an external website provider must agree to remove any link to this website upon the request of the Phenologix®. You may link to the main page or individual pages on this Website, provided you respect and comply with the following: 1. Do not create or establish links that may lead others to believe that Phenologix’® content is your own, or that Phenologix® is endorsing or promoting your site when that is false; 2. You must comply with these Terms of Use.
Links to other sites -This Website may contain links to other websites. Any such other websites are independent from this Website. The Phenologix® has no authority, control over the contents or operation of other websites, and as such makes no representation or warranty. Upon leaving this Website, you may be subject to legal terms of use and privacy policies of the other website. The provision of a link to other websites is for your convenience and in no way constitutes an endorsement by Phenologix®.
LIMITATION OF LIABILITY
Phenologix® is not responsible in any manner for direct, indirect, special or consequential damages caused and/or arising from your use of this Website. This disclaimer applies to any damages or injury caused by any failure of performance, error, omission, interruption, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of, information on this Website.
NO WARRANTY
While Phenologix® makes every effort to keep the Content and this Website current, Phenologix® provides the content and Website without representations, warranties or conditions, expressed or implied, that the site will be error-free or completely accurate at all times. Phenologix® expressly disclaims any warranties of any kind, whether expressed or implied that your use of this Website will be uninterrupted, secure or error-free. At any time and without notice, Phenologix® may correct errors or inaccuracies and change, amend or update the content of its Website. Phenologix® is not responsible whatsoever or in any manner for direct, indirect, special or consequential damages arising out of the use of this website.
SEVERABILITY AND ENFORCEABILITY
1.Terms of Use (i) If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. (ii) If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 2. Website Disclaimer (i) If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
INDEMNITY
- You hereby agree to indemnify Phenologix® and undertake to keep the Phenologix® indemnified against any losses, damages, costs, liabilities and expenses including without limitation all legal expenses and any amounts paid by the Phenologix® to a third party in settlement of a claim, action or dispute incurred by the Phenologix® arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use; and 2. You further agree to save harmless and indemnify Phenologix® from and against any and all claims, charges, taxes, penalties or demands and interest thereon or costs incurred in relation to a claim, action or dispute incurred by Phenologix® arising out of any breach by you of any provision of these Terms of Use or arising out of any claim that you have breached any provision of these Terms of Use.
BREACH OF THIS TERMS OF USE AGREEMENT
In addition to and without prejudice to Phenologix®’ other rights under these Terms of Use, if you breach these Terms of Use in any way or manner, Phenologix® may take such action as Phenologix® deems necessary to enforce and protect its legal rights including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that your access to the website be blocked and deny you the privilege of taking or repeating any further examinations administered by the Phenologix® without any refund.
ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between you and Phenologix’® in relation to your use of the public parts of the Website and supersede all previous agreements in respect of your use of this Website. Additional Terms of Use and terms and conditions apply to selected parts of the Website made available to registered students, staff and employees of Phenologix.
DISCLAIMER
All content found on Phenologix® Website is provided for information and education purposes only.
APPLICABLE LAW
This site is created and controlled by Phenologix in Ontario, Canada. As such, the laws of the Province or Ontario will govern these disclaimers, Terms of Use, without giving effect to any principles of conflicts of laws.
LEGAL COPYRIGHT NOTICE
The above is copyrighted material. It is unlawful to distribute without express written consent from the copyright holder. Copyright by Phenologix Corp.