Puti Meditation College (Canada) Ltd
Dear Valued Customer,
Welcome to Puti Meditation College (Canada) Ltd’s www.energybagua.com website! Please be sure to read and understand the following terms. Thank You!
THE DISPUTE RESOLUTION SECTION IN SECTION 13 OF THESE TERMS CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND THE PROVIDERS TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS CAREFULLY. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us or our affiliated companies for products, services or otherwise.
- AGREEMENT TO BE BOUND
By entering into these Terms, and/or by using or accessing the Services, you expressly acknowledge that you understand these (including the dispute resolution and arbitration provisions below) and accept all of its terms. BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.
- CHANGES TO THESE TERMS
The Providers may, in their sole discretion, amend the Terms and modify or update the Services from time to time. If we change these Terms, we will give you notice by posting the revised Terms on the Services at the following web address: https://www.energybagua.com/en/term-of-use-en/
Please review this page periodically to ensure you are up-to-date with any changes. Those changes will go into effect on the revision date shown in the revised Terms. Your continued use of the Services will constitute your acceptance of the amended Terms.
- ADDITIONAL TERMS
- YOUR CONSENT TO RECEIVE CALLS, TEXT MESSAGES, EMAILS AND OTHER COMMUNICATIONS
You expressly consent to receive and accept communications from the Providers and their respective representatives, including via e-mail, telephone calls and text messages, push notifications or other comparable means at any of the e-mail addresses and/or telephone numbers provided by you or on your behalf to the Providers. You agree that the foregoing authorized communications may be initiated for any transactional, customer service, advertising, marketing, promotional, debt collection, account administration or other purposes, by the Providers. You represent and warrant that you are authorized to approve the receipt of calls and text messages at any telephone number you provide to us in connection with your account or your use of our Services and to approve any related carrier charges.
- USER ELIGIBILITY
You must be at least 13 years old to use the Services. If you are under the age of majority in your country of residence or a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Services with permission from your parent or legal guardian.
- DESCRIPTION OF SERVICES
The Services provide information to Users about the practice of Energy Bagua including but not limited to Grandmaster JinBodhi’s teachings, programs and courses.
- INTELLECTUAL PROPERTY AND THIRD PARTY CONTENT
You shall not, without the prior written consent of the Company and the relevant rights holder, proceed with the use, modification, reproduction, broadcasting, alteration, distribution, publication, transmission, reorganization, recompilation or reverse translation of any of the content making up the Services, including, without limitation, all software comprising a part of the Services that is hosted on our servers and all materials displayed or performed as part of the Services, including, but not limited to, text, graphics, articles, photographs, images and illustrations. All rights are reserved by the holders of the intellectual property rights.
Unless expressly stated to the contrary, all persons (including their names and images), third-party trademarks and content, services and/or locations that form part of the Services are in no way associated, linked or affiliated with us, and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured as part of the Services are owned by the respective trademark owners. Where a trademark or brand name is referred to is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us unless otherwise stated.
- GRANT OF LICENSE AND ACCETABLE USE
You shall use the Services only in compliance with our standard policies then in effect and all applicable laws (including but not limited to policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity and defamation).
If you are viewing the Services on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Services and the computer system you are using to prevent unauthorized use of the Sites.
You shall not:
- a) collect, harvest or post anyone’s personal information, as defined in the Personal Information Protection Act of British Columbia including personally identifiable information of any kind through the Services;
- b) use, reuse, repost, distribute, provide access to others to, copy, modify, or transmit the Services and related information for any commercial purpose;
- c) attempt to gain access to the Services registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by us, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, server or software that is part of the Services;
- d) interfere or attempt to interfere with the proper functioning or performance of the Services or connect to or use the Services in any way not expressly permitted by these Terms;
- e) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- f) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by us; or
- g) use the Services:
- to transmit unauthorized communications, advertise, solicit, or transmit any commercial advertisements, including chain letters, junk email or repetitive messages (spim and spam) to anyone;
- in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
iii. intentionally or unintentionally, in violation of any applicable law or regulation; or
- to commit or encourage a criminal offense.
You may share, post, publish, or otherwise distribute links to the Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Services must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
- CHANGES TO THE SERVICE
We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content.
- USER CONTENT AND FEEDBACK
The Services allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.
When you upload, submit, store, send, or receive User Content to or through the Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (including, but not limited to, translations, adaptations, or other changes we make so that User Content works better with the Services), publicly perform, publicly display, and distribute your User Content in order to operate, promote, market and improve our Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is irrevocable, sublicensable, fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Services.
You promise that:
- you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above (including having the necessary consents and releases from any individuals who appear in your User Content); and
- your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We may refuse to accept or transmit User Content for any reason. We reserve the right to use, share, display and delete your User Content in any manner in connection with our business without attribution to you or your approval. You acknowledge and agree that we are distributors (without any obligation to verify) and not publishers of your User Content, and we reserve the right to monitor, screen, edit or remove your User Content in the event that such content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Company’s content policies. Our failure to enforce our rights under these Terms in one instance does not create a waiver of your right to enforce them in another instance. We are not obligated to provide you with copies of your User Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to your User Content.
If you include your name in any of your User Content, you grant us permission to use your name and hereby release us from any liability arising from such use, including, without limitation, claims for invasion of privacy, infringement of your right of publicity, and defamation (including libel and slander).
At times, you may be given the opportunity to submit questions, comments or other information about the Service or otherwise to us (“Feedback”). You will and do hereby grant to us a fully paid-up, royalty free, perpetual, irrevocable, non-exclusive, worldwide, fully transferable and sub-licensable licence to use, enhance, develop, copy, modify and make derivative works of the Feedback and to make, use, sell, offer for sale and import any products or services based on the Feedback.
- LINKS TO THIRD-PARTY SITES
The Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. We do not control such web sites, and are not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
THE INFORMATION AND MATERIALS IN THES SERVICES ARE PROVIDED FOR THE PURPOSE OF GENERAL INFORMATION ONLY. WE DO NO MAKE AND REPRESENTATIONS AND OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) IN RELATION TO THE COMPLETNESS, ACCURACY, CORRECTNESS, SUITABILITY OR APPROPRIATENESS WITH REGARDS TO THE CONTENT OF THE SERVICES. THE SERVICES DO NOT PROVIDE ANY MEDICAL ADVICE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES LICENSORS AND [Inset Name of company developing APP] , AND OUR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS (COLLECTIVELY, THE “PROVIDER PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY LIABILITIES, LOSS OR DAMAGES ARISING OUT THE USE ANY OF THE INFORMATION IN THE SITES.
The effects associated with performing any of the practices illustrated or described in any of the content of the Services including text, graphics, videos and images or any other practices associated with Energy Bagua can vary from person to person. All Provider Parties including Grandmaster Jin Bodhi make no warranties or representations of any kind concerning the accuracy of the information contained in the content of the Services or the appropriateness of any of the activities described in the Content for a particular User.
The Services and all the information contained in them is meant to promote general health and wellbeing. It is meant to work in harmony with advice from qualified healthcare professionals and should not be considered a substitute for qualified medical advice. You should consult your physician or other qualified healthcare professionals before participating in any of the practices illustrated or described in the content of the Services.
The site contains personal interviews. Any and all content, views, opinions, and/or responses to questions in this site are solely the views, opinions and responsibility of the respondent and do not necessarily reflect the opinions of any of the Providers.
- LIMITATION OF LIABILITY
Except where prohibited by law, in no event will the Providers including Grandmaster JinBodhi be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages or losses arising from the use of the Services, even if the Providers have been advised of the possibility of such damages. Using the Services in anyway is done solely at your own risk.
- RELEASE & INDEMNIFICATION
You agree to indemnify, save, and hold us and our affiliates, directors, officers, employees, consultants, and agents harmless from, and waive and release any and all claim which you have or may have in the future against us or our affiliates, directors, officers, employees, consultants, or agents, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of or attributable to your use or misuse of the Services, violation of these Terms, or breach of the representations, warranties, and covenants made by you herein.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
- ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS
You and the Providers agree that any dispute or claim arising out of or relating in any way to your use of the Services, these Terms, the Additional Terms or your receipt of any communications from The Providers will be resolved by binding arbitration on an individual basis, rather than in court, except that you may assert claims in small claims court if your claims qualify, remain in such court and advance solely on an individual basis. “Disputes” or “claims” under this provision shall include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms, the Additional Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods or services made available through the Services, your relationship with the Providers, the threatened or actual suspension, deactivation or termination of your account with the Providers, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by the Providers, any communications you receive from the Providers, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or provincial consumer protection laws, claims arising under antitrust laws, and all other federal and provincial statutory and common law claims. Notwithstanding anything to the contrary herein, if you are an employee of the Providers, this Arbitration Agreement will not apply to any claims or disputes arising out of your employment relationship with the Providers and any such claims and disputes may be governed by separate agreements.
Arbitration Rules and Forum. To begin an arbitration proceeding, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator — not a court — shall have exclusive authority to (i) determine the scope and enforceability of these Terms (including this Arbitration Agreement), (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of these Terms (including this Arbitration Agreement), including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, and (iii) resolve any disputes or controversies regarding or arising out of the applicability of these Terms and/or any other concurrent agreement, to any particular claim or dispute, consistent with Canadian Arbitration rules. The arbitration will decide the rights and liabilities, if any, of you and The Providers. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including this Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Providers.
Waiver of Jury Trial. YOU AND THE PROVIDERS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE PARTY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER PARTY. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into court for adjudication before a judge, not a jury. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of these Terms that mandate arbitration by e-mailing a written notice of your decision to opt out to: [[email protected]], within 30 days after first becoming subject to a version of these Terms containing an arbitration provision. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of this Agreement will continue to apply to you. Opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with the Providers.
Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with the Providers.
Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if The Providers makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by emailing The Providers a notice of your rejection at the following address at [[email protected]]. Your rejection of any such changes shall not affect the enforceability of any version of this Arbitration Agreement, or of any other agreement to arbitrate, that you previously entered into with The Providers.
- UPDATES TO THE TERMS
We reserve the right to modify or remove all or any part of these Terms, the Sites or any products or services offered on the Sites, at any time and in our absolute sole discretion.
- ENTIRE AGREEMENT
- GOVERNING LAW, DISPUTE RESOLUTION, FORUM FOR LEGAL DISPUTES
These Terms and any dispute arising out of or related to it or the Sites will be governed in all respects by the laws of the Province of British Columbia as they apply to agreements entered into and to be performed entirely within British Columbia between British Columbia residents, without regard to conflict of law provisions.
You agree to attempt to resolve any disputes arising under the Terms by mutual agreement. Failure to attempt to mutually resolve any dispute under this agreement will constitute a breach of the Terms.
You agree that any claim or dispute you may have against us must be resolved exclusively by a court located in Vancouver, British Columbia. You agree to submit to the personal jurisdiction of the courts located within Vancouver, British Columbia for the purpose of litigating all such claims or disputes.
- WAIVER AND SEVERABILITY
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any portion of these Terms or any other North policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
- STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
Both parties agree that there will be no favouritism in construction of the Terms, and that any ambiguity in the Terms will be resolved without preferential regard to one party or the other.
The authentic language of the Agreement is English and any translations provided are for convenience only. If there is any conflict between the English language version of this Agreement and any translation, then the English language version will prevail. You agree we may communicate with you in English during the term of this Agreement.
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
All questions, feedback, comments, requests, and other communications relating to these Terms, should be directed to [email protected]