Last Updated: August 16th, 2021
- Purpose and Platform Services
- Acceptance and Modification of Terms
- Code of Conduct
At the Institute, we believe in creating a welcoming and open environment for individuals to learn and explore the world of traditional Chinese medicine and Nutrition, regardless of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability; and other socio-economic factors. To that end, the Institute has established the following code of conduct (the “Code of Conduct”) that sets out the standard of conduct required of you and all representatives of the Institute.
We encourage any behaviour that contributes to a welcome and open learning environment, including:
- respecting different viewpoints, opinions and experiences;
- being welcoming and inclusive of other individuals; and
- gracefully providing and receiving constructive criticism.
Examples of prohibited behaviors include:
- sarcasm, offensive language, intimidation, teasing, or other verbal abuse;
- cultural slurs or any other type of discrimination;
- discussions and comments on political matters;
- tones of voice and body language that express impatience, condescension, or exasperation; and
- the use of sexualized language and unwelcome sexual attention or advances, including flirtations, suggestive jokes, and sexual innuendos.
The Platform and Services are not intended to be used by any person under the age of 19. To use and access the Platform and Services, you must be at least nineteen (19) years of age (or the minimum legal age in your jurisdiction) to use our Platform and Services.
- Accounts and Passwords
You agree that you will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Platform; and (c) be responsible for all activities that occur under your password or account. Further, you agree to immediately notify us of any unauthorized use of your password or account in the event that the confidentiality of your password or account is compromised. Failure to comply with this paragraph may result in immediate termination of your account. Except if you reside in Québec, we shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Unless otherwise expressly authorized herein or by the Institute in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Platform or Services, use of the Platform or Services, or access to the Platform or Services.
- Suspension and Termination of Access
All content and data made available by the Institute through the Platform, including any Third Party Content, (the “Institute Content”) is owned solely and exclusively by the Institute and/or third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Institute Content; (b) market, sell, re-sell, or make commercial use of the Platform or any Institute Content; (c) systematically collect from the Platform and use any Institute Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Platform or the Institute Content.
- Use Restrictions
- Personal Information
- Subscription Fees and Charges
Your use of certain Services or parts of the Platform may be subject to certain fees for those Services. The fees are disclosed to you during your initial registration for such Services and are payable in accordance with the applicable Service Terms, if any. We reserve the right to change our prices. Your continued use of the Platform or certain Services after any price change will constitute your agreement to pay the changed amount.
- Scheduling Changes
Unless otherwise stated in the applicable Service Terms, we reserve the right to change the availability of the Platform and Services, including the dates, times and locations for which certain Services are available, at any time. We will promptly notify you of any such changes through the Platform. Notwithstanding anything in Section 14, if we have changed the availability of Services that you have paid for but have not yet received, within 14 days of us communicating that change via the Platform, you may cancel such non-received Services and receive a refund for such non-received Services.
- Refunds; Missed Classes
The Platform and certain Services may be temporarily unavailable from time to time due to scheduled maintenance or other reasons. We are not responsible for issues, problems or malfunctions of any kind, including, without limitation, issues, problems or malfunctions relating to telecommunication systems, computer systems, online networks, servers or providers, computer hardware and equipment, computer software, failure of email or person, Internet downtime or delay, downtime or delay at any web site (including those that comprise the Platform and Services), or any combination thereof.
- Platform and Services Provided “AS IS”
YOU UNDERSTAND AND AGREE THAT THE PLATFORM, THE SERVICES, ANY INSTITUTE CONTENT AND OTHER INFORMATION, DATA, AND MATERIALS AVAILABLE ON THE PLATFORM OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER THE APPLICABLE LAWS, THE INSTITUTE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPLICIT OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
THE INSTITUTE DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR INSTITUTE CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY INSTITUTE CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. INSTITUTE SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM OR ANY OF THE SERVICES (INCLUDING THE PROVISION OF ANY INSTITUTE CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE, OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT ANY ERRORS CAN OR WILL BE CORRECTED, OR THAT ANY SERVICES, INSTITUTE CONTENT, DATA, OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE PLATFORM AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT THE INSTITUTE DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR THE SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE PLATFORM. EXCEPT AS OTHERWISE AGREED IN WRITING, THE INSTITUTE ASSUMES NO RESPONSIBILITY FOR, AND MAKE NO WARRANTY OR REPRESENTATION AS TO, THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE PLATFORM.
IF YOU ARE DISSATISFIED WITH THE PLATFORM, THE SERVICES, OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES, OR POLICIES OF THE INSTITUTE IN OPERATING THE PLATFORM AND IN PROVIDING THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE PLATFORM AND SERVICES.
- Limitation of Liability
CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION THAT WOULD RELIEVE A MERCHANT FROM THE CONSEQUENCES OF HIS OR HER OWN ACTION. IF YOU ARE A QUÉBEC CONSUMER, THIS SECTION 17 DOES NOT APPLY TO THE EXTENT THAT IT WOULD RELIEVE THE INSTITUTE OR ITS REPRESENTATIVE(S) OF LIABILITY FOR ANY ACTION OF THE INSTITUTE.
UNDER NO CIRCUMSTANCES SHALL THE INSTITUTE BE LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS, OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE PLATFORM, SERVICES, OR ANY INSTITUTE CONTENT, THIRD PARTY CONTENT OR USER CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE, OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).
IN NO EVENT WHATSOEVER SHALL ANY OF THE INSTITUTE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, AND THIRD-PARTY CONTRACTORS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “INSTITUTE PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF THE PLATFORM OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE PLATFORM OR THE USE OF, OR RELIANCE ON, ANY INSTITUTE CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE PLATFORM OR SERVICES, OR THE LOSS OF, OR DAMAGE TO, FILES OR DATA, OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA, OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES, OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT, OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE INSTITUTE PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE PLATFORM, SERVICES, AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.
THE INSTITUTE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE THE FAILURE RESULTS FROM ANY CAUSE BEYOND THE INSTITUTE’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.
All product, brand, and company names and logos and trade-marks displayed on the Platform, or used in connection with the Services, are the trade-marks of the Institute (or its suppliers, partner businesses, or third party licensors). Any use of any of the marks appearing on the Platform or in connection with the Services without the express written consent of the Institute or the owner of the mark, as appropriate, is strictly prohibited.
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