Effective Date: May 16, 2019
The hunyuanqitherapy.org website is owned and operated by the Hunyuan Qi Therapy Association.
Thank you for accessing https://hunyuanqitherapy.org/ (the “Website “). Please read the Terms of Service carefully before using the Website and our Services. The Terms of Service and Usage constitutes a legally binding agreement between you and the Hunyuan Qi Therapy Association (“Company”, “Hunyuan Qi Therapy Association”, “we” or “us”), and govern your access to, and use of, the Website including any content, functionality, and services offered on or through our Website (collectively, the “Platform”).
ACCEPTANCE OF THE TERMS
1. WHO WE ARE
The Website is owned and operated by the Hunyuan Qi Therapy Association (“Hunyuan Qi Therapy Association”).
Hunyuan Qi Therapy Association
Roeland Square Unit 28, Roeland Street, 8001 Cape Town, South Africa.
2. YOUR USE OF THE WEBSITE AND ACCOUNT SET-UP AND SECURITY
The Website including content or areas of the Website may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.
3. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by The Body and Mind Factory, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Hunyuan Qi Therapy Association name, the “hunyuanqitherapy.org”, “Hunyuan Qi Therapy”, “HYQT” name, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.
You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except: (a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; (b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; (c) one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user license agreement for such downloads; and (d) in the event social media features are provided with respect to certain content are on our site, you may take such actions as our site permits for such features.
Users are not permitted to modify copies of any materials from this site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
4. CONDITIONS OF USE AND USER SUBMISSIONS AND SITE CONTENT STANDARDS
The following content standards apply to all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit “) to the Website, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. User Submissions must comply with all applicable federal, state, local, and international laws and regulations.
5. USER SUBMISSIONS; GRANT OF LICENSE
The Website may contain Interactive Functions allowing User Submissions on or through the Website. No User Submission to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
6. WEBSITE MONITORING AND ENFORCEMENT, SUSPENSION AND TERMINATION
We have no obligation, nor any responsibility to any party to monitor the Website, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
7. NO RELIANCE
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date. Your use of the Website is at your own risk and the Company has no responsibility or liability whatsoever for your use of this Website. The Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to you or any third-party, for the content or accuracy of any third-party materials.
10. THIRD PARTY WEBSITES
This Website may provide links to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party websites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them.
Our Website must not be framed on any other website, nor may you create a link to any part of our Website without our express written permission. We reserve the right to withdraw linking permission without notice. The Website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
12. WEBSITE AND SERVICES
We may, without prior notice, change any aspect of the Services or Website; stop providing the Services or features of the Services.
The information and material on this Website, and the Website may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period.
By providing the Company with your email address, you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account page (for Customers) or by following the opt-out and/or unsubscribe instructions in the email message. Note: Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
15. INFRINGING CONTENT
DMCA Notice Procedure
The Company will respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify us directly. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and provide a link (where available) to where it is located on the Services;
- Information reasonably sufficient to permit The Body and Mind Factory to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
UNDER RSA LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
In accordance with the DMCA and other applicable law, the Hunyuan Qi Therapy Association has adopted a policy of terminating, in appropriate circumstances, the accounts of Users who are deemed to be repeat infringers. The Hunyuan Qi Therapy Association may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Other Illegal or Infringing Content (Applicable to Users in the European Economic Area)
If you believe in good faith that any content on the Services is illegal or infringes your or a third party’s right (excluding copyright infringement) or you wish to make us aware of any other illegal or infringing acts which relate to the Services, you can contact us via email. Any notice to us must contain: (a) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (b) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (c) your name, address, telephone number and e-mail address.
16.DISCLAIMER OF WARRANTIES
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDEMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE OR THE SERVICES ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.
19. AGREEMENT TO ARBITRATE
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 19. is enforceable, the following mandatory arbitration provisions apply to you:
Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and the Hunyuan Qi Therapy Association may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You and the Hunyuan Qi Therapy Association agree that any arbitration shall be limited to the Dispute between Hunyuan Qi Therapy Association and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
You and the Hunyuan Qi Therapy Association agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Hunyuan Qi Therapy Association intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
Governing Law and Location
The Services are controlled and operated by the Hunyuan Qi Therapy Association from within the Republic of South Africa. The Hunyuan Qi Therapy Association makes no representations that the Services or the materials available via the Services, are appropriate or available for use in locations outside of the RSA. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with all Republic of South Africa laws as well as local laws, if and to the extent local laws are applicable.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. An arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Except as otherwise expressly provided in this Agreement, all arbitration and other litigation in a court of competent jurisdiction of any dispute between you and the Hunyuan Qi Therapy Association related to this Agreement shall be located in South Africa.
You may not use the Services if you are a resident of a country embargoed by the Republic of South Africa, or are a foreign person or entity blocked or denied by the Republic of South Africa government.
Relationship of the Parties
The Hunyuan Qi Therapy Association may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our websites, as determined by the Hunyuan Qi Therapy Association in its sole discretion. The Hunyuan Qi Therapy Association the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in this Agreement. The Hunyuan Qi Therapy Association is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add email@example.com to your email address book to help ensure you receive email notifications from us.
Compliance with Laws
You agree to comply with all applicable laws, regulations and ordinances in the use of the Services and the conduct of your activities.
21. HOW TO CONTACT US
Technical or Customer Service Questions. Wherever you are located, if you have any questions about your account, and/or technical or other customer support questions about your use of our services, please contact us on firstname.lastname@example.org.
Newsletters and Other Materials.
Customer agrees to receive newsletters, marketing or promotional materials as produced by Company from time-to-time by e-mail or otherwise.
Company Use of Third-Party Applications.
Customer shall, subject to Section 1 (b) above, use the Company as the exclusive provider of an online hosted job board, email job alerts, and employment information services, including without limitation, with respect to the Customer Website(s), provided, however, that Customer is free to distribute job advertisements via third party services.
Customer End Users and Authorized Users.
Customer represents, warrants and agrees that:
Upon Company’s request, (A) Customer will provide Company with copies of the Customer Terms and, upon Company’s request, will make any reasonable revisions suggested by Company that would clarify that Company is obtaining the necessary rights and authority from the Customer End User to perform its rights and obligations hereunder; (B) Company may require inclusion of a reasonable notice that discloses Company’s relationship as a service provider; and (C) Company may require the inclusion of its own Customer End User additional terms that Company may require Customer End Users to affirmatively accept.