These Terms of Use ("Terms") were last updated on January 19, 2021.
Wiser’s mission is to help healthcare professionals worldwide stay on top of their profession by simplifying access to certified continuous professional development (“CPD”) through a state-of-the-art platform finally centralizing content partners for our growing community’s learning benefit. Wiser is quickly gaining traction with healthcare organizations and speakers and their ensuing user base as we provide them with the innovative and forward-thinking ecosystem of applications that ensures a comfortable CME / CPD streaming experience finally meeting user expectations for such video platforms. We consider our marketplace model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you, our users and our Content Partners community. These Terms apply to all your activities on the Wiser website, the Wiser mobile applications, our TV applications, our APIs and other related services.
As used in these Terms, “we”, “us”, “our” and “Wiser” means Wiser CPD Inc., a Canadian Corporation, with its principal place of business located at 5243 rue Bannantyne, Montreal, Quebec, H4H 1E6.
You must read, agree with and accept all of the terms and conditions contained or expressly in these Terms, including our Privacy Policy and Acceptable Use Policy before you may sign up for an Account or use any Wiser Services. If you wish to publish content on the Wiser platform, you must also agree to the Content Partner Terms and if applicable, the Sponsorship Terms.
Please read carefully the following Terms, including any document referred to in these Terms, for the complete picture of your legal requirements.
The following terms have the meaning set forth below:
(“Administrator”) means any person, individual, employee or contractor the Content Partner authorized to sign up on the Platform, authorized to access the Platform, authorized to submit, to modify or to moderate Content on behalf of the Content Partner.
(“Affiliate”) means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
(“Content”) means the proprietary continuing professional education material and intellectual property associated with pre-recordings (conferences and keynotes) or live event streams comprised of information, text, written content, biographies, images, video files, live video streams, graphics, keynote slides, PDFs, audio files, bibliography references, website references submitted by the Content Partner to Wiser for the intent of the Services on the Platform.
(“Content Partner”) means the party, including its Affiliates and its Administrators, entering into a Content Partner Agreement with Wiser, or otherwise signing up to become a Content Partner in order to provide Content.
(“CPD”) means continuing professional development.
(“Fees”) means the amounts payable by a Professional to Wiser for access to the Services.
(“Follower”) means any Professionals actively subscribing to a Content Partner’s account Content updates or to a Speaker’s account Content update yet to be claimed as Content Partner. However, Followers exclude all Members of the Content Partner.
(“Member”) means any Professional that can be identified as part of the Content Partner’s organization structure as per the validation provided by a submitted list or the Services.
(“Membership Status”) means the specific state, rank, distinction or role given to a Member as part of the Content Partner’s organization structure providing possible benefits, discounts or specific prices offered on the Content.
(“Personal Data”) means any personal data that a Professional or a Visitor submits into the Services.
(“Platform”) means a digital platform developed and owned by Wiser, composed of the Wiser website, the Wiser mobile applications, the Wiser TV applications and the Wiser APIs for the purpose of offering the Services.
(“Professional”) means an individual healthcare professional entering into a Purchase Form with Wiser, or otherwise signing up as a user on the Platform to use the Services.
(“Purchase Form”) means the purchase document mutually executed by Wiser and a Professional, including electronic purchases submitted by Professionals specifying: (1) the Fees payable by a Professional to Wiser for provision of the Services, (2) the duration of the Services to be provided by Wiser to a Professional, and (3) other billing and payment information regarding Wiser’s provision of the Services to a Professional.
(“Services”) means any features provided by the Platform to handle an account and to browse, to navigate, to publish, to promote, to sell, to purchase, to identify as a Member, to stream, to broadcast, to watch or to interact with Content for the purpose of individual continuing professional development.
(“Speaker”) means any person, individual or entity actively engaged in delivering the continuing professional development material in the Content, from which the Content Partner has expressly been granted the right to use its name, image and intellectual property for the purpose of providing continuing professional education on the Platform. The Speaker may also be a Content Partner.
(“Visitor”) means any person, individual or entity using the Platform to browse or to navigate Content prior to being authenticated as a Professional or a Content Partner.
You need an account for most activities on our platform, including to purchase Content and to register for a live event. When signing up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Wiser will not intervene in disputes Professionals who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.
Wiser may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are using and receiving any Services provided by Wiser for the purpose of your individual continuing professional development.
You acknowledge that Wiser will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Wiser and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Wiser can only be authenticated if they come from your primary Account email address.
If we discover that you have created an account that violates these rules, we will terminate your account.
You can terminate your account at any time by deactivating it through the Settings tab in your profile. Check our Privacy Policy to see what happens when you terminate your account.
Under our Content Partner Terms, when Content Partners publish a Content on Wiser, they grant Wiser a license to offer a license to the Content to Professionals. This means that we have the right to sublicense the Content to the Professionals. As a Professional, when you get access to the Content, whether it’s free or paid Content, you are getting a license from Wiser to view the Content via the Wiser Platform and Services, and Wiser is the licensor of record. Content is licensed, and not sold, to you. This license does not give you any right to resell the Content in any manner (including by sharing account information with a purchaser or illegally downloading the Content and sharing it on torrent sites).
In legal, more complete terms, Wiser grants you (as a Professional) a limited, non-exclusive, non-transferable license to access, view and use the Content, for which you have paid all required fee or have been granted free access to by Wiser and the associated Content Partner, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular piece of Content or feature of our Services. All other uses are expressly prohibited.
We reserve the right to revoke any license and rights to access and use Content at any point in time in the event where we decide or are obligated to disable access to Content due to legal or policy reasons, or if the Content Partner requests to remove the Content or its Content Partner Account from the Platform. When we receive a Content Partner request to remove Content or delete its Content Partner Account,your license and rights to the Content shall only continue for a period of 30 days after which the Content will no longer be available to you on the Platform, thus automatically revoking your license and rights to the Content.
You may not do any of the following while accessing or using the Wiser Platform and Services:
Notwithstanding anything to the contrary in these Terms, the Content Partners who license their Content to Wiser are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their Content ("Third-Party Provisions"), and solely for the purpose of enabling such third parties to enforce their rights in such Content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms.
If you violate any of the Terms, your rights under this license will immediately terminate, and Wiser may terminate your access to the Platform, the Content or your Wiser account without refund to you.
The price of Content on Wiser is determined by the Content Partners as per the Content Partner Terms. In some instances, the price of Content offered on the Wiser website may not be exactly the same as the price offered on our mobile or TV applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.
The Platform enables you to see pricing in different currencies.The price and currency displayed when browsing the Platform is initially based on the country where you are located if it is a currency currently supported by the Platform. Otherwise, the default browsing language and price displayed will be in English (USD) . The Platform currently can display prices in these currencies : USD, CAD, GBP, EUR, AUD. If you are a Professional located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the Content Partners and if applicable, to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
The final price applicable to certain Content will be the price at the time you complete your purchase of the Content (at checkout).
We regularly run promotions and sales for our Content and certain conferences, keynotes or live events are only available at discounted prices for a set period of time. The price applicable to certain Content will be the price at the time you complete your purchase of the Content (at checkout). Any price offered for a particular piece of Content may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new Professionals.
Wiser will process each transaction in the currency you select via the Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected payment method, the country of issuance of your payment method and your country of residence. Any such limitations will be communicated via the Platform, and you will be prompted to select a different currency or payment method. Note that during checkout, if the country selected is different than the country of your payment method, or if your selected currency is different than your payment method's billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your payment method's billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your payment Method, based on an exchange rate and fee amount determined solely by your bank. Wiser is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
You authorize Wiser, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address or payment method(s). Wiser reserves the right to terminate, suspend, or limit access to the Platform and Services in the event we are unable to obtain or verify any of this information.
You agree to pay the fees for Content that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Boleto, SEPA, direct debit, or mobile wallet) for those fees. Wiser works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the Content, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any Content for which we have not received adequate payment.
Once Content is purchased and is available to you through your account’s library, you should check the Content as soon as reasonably possible to ensure that it functions and performs as stated, and notify us as soon as reasonably possible if you find any errors or defect.
Wiser or our partners may offer gifts and coupons to Professionals. Coupons may be used to purchase eligible Content from a specific Content Partner, subject to the terms and promotional value linked with your coupons. Coupons can’t be used for purchases in our mobile or TV applications.
These coupons, as well as any promotional value linked to them, may expire if not used within a certain period and may have a usage limit. At any time, Wiser reserves the right to revoke any coupons offered to Professionals by Wiser or our partners. Coupons may not be refunded for cash, unless otherwise specified by applicable law.
Contact our Support Team for any questions and for more details.
If the Content you purchased is not what you were expecting, you may request a refund within 7 days of your purchase if you did not start watching the Content, i.e if you did not start playing the Content or if the live event has yet to start. No refund is due to you if you request it after the 7 day guarantee time limit has passed. However, if a course you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 7-day limit if you did not start watching the Content. Wiser also reserves the right to refund Professionals beyond the 7-day limit in cases of suspected or confirmed account fraud.
To request a refund, please contact our Support Team. As detailed in the Content Partner Terms, Content Partners agree that Professionals have the right to receive these refunds.
The total refund amount for purchases made with coupons will only be equal to the final amount charged at checkout to the payment method after coupon deductions and will not include the promotional value of the applied coupon. Wiser will not reissue the coupon applied to the transaction for which you requested a refund.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve previously requested multiple refunds for previous purchases, we reserve the right to deny your refund, to terminate your account, and/or restrict all future use of the Services. If we terminate your account or disable your access to Content or the Platform due to your violation of these Terms, you will not be eligible to receive a refund.
You can only use Wiser for lawful purposes. You’re responsible for all the content and interactions that you post on our Platform. You should keep your interactions such as likes, comments, questions, answers, posts, and other content you upload in line with our Acceptable Use Policy and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
The Services enable you to ask questions to the Content Partners and speakers of the , and to post reviews of courses. For certain courses, the instructor may invite you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.
Wiser has discretion in enforcing these Terms and our Acceptable Use Policy. We may terminate or suspend your permission to use our Platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the Platform and use of our Services. Your content may still be available on the Platform even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our Platform and services.
Any Organization or Speaker can use Wiser to publish continuing professional development Content as we enable Content Partners and Professionals to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use Wiser at your own risk.
Our platform model means we do not explicitly review and monitor all the Content even if we do reserve the right to accept and remove Content on the Platform. We may or may not exercise any editorial control over the Content available on the Platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the Content. If you purchase Content or watch free Content, you rely on any information provided by a Content Partner at your own risk.
By using the Services, you acknowledge the inherent risks and dangers related with the Content’s reliability, validity, accuracy, or truthfulness. You assume full responsibility for the professional decisions you make in your practice before, during, and after watching Content on the Platform. You agree and understand that, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) are not liable for any direct or indirect, incidental, punitive, disputes, malpractice claims, losses, consequential damages (including loss of data, revenue, profits or business opportunities), personal injuries or death, or damage of any kind that might arise out of your professional decisions made in your practice before, during, and after watching Content on the Platform whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. You fully accept these risks and you agree that you will have no recourse to seek damages against us even if you suffer loss or damage from using our Platform and Services.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
When you interact with the Platform through likes, comments, questions, answers, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Wiser to use and share this interaction with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. You also agree to all such uses of your interactions with no compensation paid to you.
All right, title, and interest in and to the Wiser Platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (excluding Content submitted to the Platform by Content Partners) are and will remain the exclusive property of Wiser and its licensors.
Our Platform and Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. "GET WISER", "WISER CPD" and our primary logo that combines our brandmark, The Wiser Podium, and our wordmark, are trademarks or service marks of Wiser or its affiliates, or used by Wiser under license. All rights are reserved. Nothing herein shall be construed as a grant or assignment of any rights in any intellectual property owned by Wiser, including, without limitation, any of its current and future trademarks or service marks. No use of these marks shall be permitted except through the prior written authorization and permission of Wiser.
Any feedback, comments, or suggestions you may provide regarding Wiser or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Wiser supports the protection of intellectual property and asks Content Partners to do the same. It is our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our Content Partners is infringing their intellectual property rights, they can send a DMCA Notice to Wiser’s dedicated email address copyrights@getwiser.com. Upon receiving a DMCA Notice, we may remove or disable access to the Content claimed to be a copyright infringement. Once provided with a notice of takedown, the Content Partner can reply with a counter notification by sending us an email if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the Content Partner from engaging in the infringing activity, otherwise we restore the material. For any requests regarding copyrights, including any questions related to the Digital Millennium Copyright Act, please contact us at copyrights@getwiser.com.
Save for Wiser and its affiliates, Professionals, Content Partners or anyone accessing Wiser Services pursuant to these Terms of Use, unless otherwise provided in these Terms of Use, no person or entity who is not a party to these Terms of Use shall have any right to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
Wiser is firmly committed to protecting the privacy of your personal information and the personal information of Professionals and Content Partners. By using the Services, you acknowledge and agree that Wiser’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
You agree that by signing up for an account on the Platform, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Wiser. If you do not agree to these Terms, do not sign, access, or otherwise use any of our Services.
It may happen that our Platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples.
You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or the Content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making the Platform available or cease making available certain features of the Services at any time and for any reason. Under no circumstances will Wiser or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The parties irrevocably agree that the courts of Montreal, Quebec shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). Before resorting to legal alternatives, we strongly encourage you to first contact us directly by email at support@getwiser.com to seek a resolution.
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Wiser, our Affiliates, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the Content you post or submit, (b) your use of the Platform and Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No Class Actions” clause isn’t enforceable or valid, the rest of the Terms will still apply.
These Content Partner Terms set forth the entire agreement between the parties with respect to the subject matter hereof and supersedes all other written or oral agreements. If any provision of these Terms is held invalid under applicable law, such provision shall be ineffective only to the extent of such invalidity, without invalidating the remaining provisions of these Terms. The Terms are binding upon and inure to the benefit of the parties hereto and to their successors and permitted assigns.
A delay, omission or failure by Wiser to exercise a right or power resulting from these Terms cannot be considered a waiver by Wiser to exercise such right or power, which may be exercised at any time and against any person, nor constitute a waiver to exercise such right for any subsequent violation.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by the Professional, but may be assigned by Wiser without restriction. For the sake of clarity, you agree not to sell, transfer or assign your account or any Content Partner related rights without the express written consent of Wiser.
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Wiser reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of the Platform and Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
The following sections shall survive the expiration or termination of these Terms: Sections 2.1 (Deleting your Account), 3 (License and Restrictions), 4.7 (Refunds), 6 (Using Wiser At Your Own Risk), 7 (Wiser’s Rights to Your Interactions With The Platform), 8 (Wiser’s Rights) , 9(DMCA Notice and Takedown Procedure) and 12 (Miscellaneous).
The best way to get in touch with us is to contact our Support Team.
We would love to hear your questions, concerns, and feedback about our Services.
Wiser’s team is available from Monday to Friday between 9h00am and 5h00pm EST.
Stay on top of your profession.
Wiser CPD Inc.
5243 rue Bannantyne
Montréal, QC Canada H4H 1E6