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

By using the Website or by checking the box or clicking to accept or agree to the Service & Website Terms of Use, when this option is made available to you, you signify that you have read, understood, and agree to be bound by these Terms of Use, which incorporate our Privacy Policy, Cookie Policy, and Service Terms of Use (collectively, the “Platform Terms”). If you do not want to agree to these Terms of Use, you must not access or use the Website or our Services. By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Services.

THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE WEBSITE AND THE SERVICES, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.

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.

If you have a subscription to our hosted job board solution (whether as a paying customer or if you are registered for free), and/or if you receive additional Services as further described in Section 22 below, you will also be subject to our Service Terms of Use. The Terms of Use, Service Terms of Use and Additional Terms of Service referenced in Section 11, are collectively referred to as, the “Agreement”.

2. YOUR USE OF THE WEBSITE AND ACCOUNT SET-UP AND SECURITY

Users are responsible for obtaining their own access to the Website and for the Website’s availability and performance. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms of Use and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Website.

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.

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions “) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

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.

We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use. You are prohibited from attempting to circumvent and from violating the security of this Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restrict disrupt or disable service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempt to interfere with the proper working of the Website.

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.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company.

4. CONDITIONS OF USE AND USER SUBMISSIONS AND SITE CONTENT STANDARDS

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

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.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not: (a) violate any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (b) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable; (c) involve, provide or contribute any false, inaccurate or misleading information; (d) include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions and Site Content Standards set out in these Terms of Use; (e) impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing); (f) transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation; or (g) include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

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.

By submitting User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms of Use. You represent and warrant that all User Submissions comply with applicable laws and the User Submissions and Site Content Standards set out in these Terms of Use. You understand and agree that you, not the Company, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable including to any third party for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

6. WEBSITE MONITORING AND ENFORCEMENT, SUSPENSION AND TERMINATION

The Company has the right, without provision of notice to: (a) remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion; (b) to take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion; (c) take legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; and (d) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.

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.

8. PRIVACY

For information as to how we handle personal data provided to us through the Website, please review our Privacy Policy.

9. COOKIES

By using this Website, and where permitted by applicable laws in the country from which you access and use the Website and our Services, you consent to the use of cookies. For more information about the types of cookies and tracking technologies used and why we use them, and how you can control these, please review our Cookie Policy.

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.

13. MODIFICATIONS TO THE TERMS OF USE

We reserve the right in our sole discretion to revise and update these Terms of Use from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website and the Services. You agree to periodically review the Terms of Use in order to be aware of any such modifications and your continued use shall be your acceptance of these.

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.

14. COMMUNICATIONS

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.

18. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend (at the Company’s option), indemnify and hold harmless the Company and its subsidiaries, and their respective directors, officers, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from: (i) your use of and access to the Website and the Services, including any data or content transmitted or received by you; (ii) your violation of these Terms of Use or (iii) your intentional or wilful misconduct, or negligence.

19. AGREEMENT TO ARBITRATE

This Terms of Use contain an Arbitration provision, which will, with limited exception, require you to submit disputes you have against the Hunyuan Qi Therapy Association to binding and final arbitration. You will only be permitted to pursue claims against Hunyuan Qi Therapy Association on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

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:

Binding Arbitration

This Section 19 is referred to in these Terms of Use as the “Agreement to Arbitrate “. Unless you opt-out pursuant to the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and the Hunyuan Qi Therapy Association or its affiliates, whether relating to the Services, this Terms of Use (including any alleged breach thereof), or otherwise (each a “Dispute“), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

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.

Restrictions

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.

20. GENERAL

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

No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Terms of Use or your use of the Services.

Notification Procedures

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 info@hunyuanqitherapy.org 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.

Entire Agreement

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms of Use and Service Terms of Use, constitute the entire agreement between the Hunyuan Qi Therapy Association and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between The Body and Mind Factory and you in relation to the access to and use of the Website and the Services.

Miscellaneous.

Any waiver of any provision of this Agreement will be effective only if in writing and signed by the Hunyuan Qi Therapy Association. No failure by the Hunyuan Qi Therapy Association to exercise, or to delay in exercising, any rights hereunder shall operate as a waiver hereof, nor shall any single or partial exercise of any right hereunder by the Hunyuan Qi Therapy Association preclude any other or future exercise of that right or any other right hereunder by the Hunyuan Qi Therapy Association. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from this Agreement. These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than the parties. You may not assign, transfer or delegate the Terms of Use and the Service Terms of Use, and your rights and obligations hereunder without the prior written consent of the Hunyuan Qi Therapy Association. The Company may without restriction assign, transfer or delegate these Terms of Use and Service Terms of Use, and any rights and obligations hereunder, at its sole discretion.

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 info@hunyuanqitherapy.org.

22. SERVICE TERMS OF USE

This Services Agreement (“Service Terms of Use”) is between Hunyuan Qi Therapy Association (“Company”) and the organization agreeing to these Service Terms of Use. These Service Terms of Use govern access to and use of the hunyuanqitherapy.org hosted job board solution and are applicable whether you are accessing and using the Services on a free trial, no fee subscription or through a paid subscription.

By clicking “I agree,” checking a box, signing a digital or paper contract for the Services, or using the Services, you agree to these Service Terms of Use as a “Customer”.

To the extent that the Company is, on behalf of the Customer, processing Customer data that is subject to EU Data Protection Laws, Customer agrees to sign the Hunyuan Qi Therapy Association Data Processing Agreement (“DPA”) for the transfer of personal data to processors as a condition to receiving access to the Services. For the purposes of these Service Terms of Use, “EU Data Protection Laws” means those laws implementing EU Data Protection Directive (95/46/EC), and the EU General Data Protection Regulation (2016/679) and any implementing laws in each EU member state.

If you are agreeing to these Service Terms of Use and, if applicable, the Data Processing Agreement, for use of the Services by an organization, you are agreeing on behalf of that organization. You must have the authority to bind that organization to these terms, otherwise you must not sign up for the Services.

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.

Company reserves the right to use Third Party Materials and Services. Third Party Materials and Services (defined in Exhibit A (Standard Terms)), may be subject to additional terms, conditions and limitations, which may be contained in one or more Exhibits attached hereto (“Third Party Terms”), and Customer shall comply therewith. A breach of Third-Party Terms by Customer shall be deemed a breach of the Service Terms of Use.

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:

It shall obtain all necessary rights, consents and authority from Customer End Users and Authorized Users (defined in Exhibit A (Standard Terms)) for Customer to meet its obligations set forth in these Service Terms of Use and to grant Company the rights and provide Company with the consents set forth in these Service Terms of Use, in order for Company to perform the Services hereunder without violating applicable Law (defined in Exhibit A (Standard Terms)) or individual users’ rights, including without limitation, from any and all Customer End Users and Authorized Users that access or use the Services.

Without limiting the generality of the foregoing, Customer’s Website(s) (including the Job Board), shall post, and Customer End Users shall accept, in order to use the Services, Customer’s terms of use and privacy policy that enable Customer to meet its obligations under Section 1 (d) (i), with respect to Customer End Users (collectively, “Customer Terms”).

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.