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Last update: March 27, 2022
This notice is issued by the Onenergy Institute (“Service Provider”).
These terms and conditions (the “Agreement”) apply to the entire website and its contents under the domain name onenergy.institute (the “Website”) and to any communication between you and Service Provider, whether oral, in writing, or in electronic form. Please read these terms carefully before using this Website. Using any part of this Website indicates that you accept these terms regardless of whether you purchase any product or service from Service Provider. If you do not accept this legal notice in full, please exit this Website immediately. In addition to reviewing this Agreement, please read the Privacy Policy. Your use of the Website constitutes agreement to its terms and conditions as well.
Service Provider may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then-current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
Failure to follow these rules, whether listed below or otherwise posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to Service Provider’s other remedies.
1. Limited End User License
Service Provider grants you a non-exclusive, non-transferable, limited right to access, use and display the online products (the “Program”) you license, provided that you comply fully with this Agreement. The Program is only for your personal, non-commercial use. Each license is for use by one individual. Each additional user requires a separate license.
You may not share, give or sell your password or username to any other person or company.
2. Age Restriction
You represent and warrant that you are at least fifteen (15) years old and that you possess the legal right and ability to enter into this Agreement and to use the Program in accordance with this Agreement. If you are under the age of eighteen, you may use this website only with the consent of your legal guardian or educational authority
3. Copyrights and Trademarks
All materials on the Website, including but not limited to text, images, code, software, audio, video clips, design, compilation, “look and feel” of the Website, all Programs, and other material and fee-based services (collectively, the “Materials”) are owned or controlled by Service Provider or its licensors, which retains all right, title, and interest in and to the Materials. The Website and Materials are protected by the copyright and trademark laws of the Canada and other countries, international conventions, and other applicable laws.
You may not download, display, record, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Website or any portion thereof for any public or commercial use without the express written permission of Service Provider.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website.
Other than connecting to Service Provider’s servers by http requests using a Web browser, you may not attempt to gain access by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website.
4. Disclaimer of Warranty and Limitation of Liability
You acknowledge that you are using the Website at your own risk. The Website, including but not limited to the content, software, functions, fee-based services, materials and information made available thereon or accessed by means thereof, is provided AS IS, without warranties of any kind, either expressed or implied, including, but not limited to, any reliability, accuracy, merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, non-infringement, or any other warranty, guarantee, condition or representation whether oral, in writing, or in electronic form, including but not limited to accuracy or completeness of any information contained therein or provided by the Website. To the fullest extent permissible by law, Service Provider, its affiliates and licensors make no warranties and shall not be liable for the use of this site under any circumstances, including but not limited to negligence by Service Provider. Service Provider does not warrant that the functions contained in the site or the services, fee-based or otherwise, will be uninterrupted or error-free, that defects will be corrected, that the site or fee-based services will meet any particular criteria of performance or quality, or that the site, including forums or the server(s) on which the site is operated, are free of viruses or other harmful components.
You assume full responsibility and risk of loss resulting from your downloading, accessing or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the Website. Under no circumstances shall Service Provider, its affiliates and licensors, or any provider of telecommunications or network services for Service Provider or the affiliates, be liable for any indirect, punitive, special, or consequential damages that are directly or indirectly related to the use of, or the inability to use, the site or fee-based services, even if Service Provider, its affiliates, licensors, or their providers of telecommunications or network services has been advised of the possibility of such damages. The total liability of Service Provider, its affiliates and licensors hereunder is limited to the amount, if any, actually paid by you for access and use of the fee-based services. You hereby agree to release Service Provider, its affiliates and licensors, and each of their respective directors, officers, representatives, volunteers and agents from claims and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Website.
5. Medical Information Disclaimer:
All Programs, Products, or Services offered by Service Provider, are not substitutes for medical care and offer no guarantees of any kind. The information on the Website and App is provided for educational purposes only, and is in no way intended to diagnose, cure, or treat any medical or other condition. Always seek the advice of your physician or other qualified health provider prior to starting any qigong program or making changes to your diet. In addition to all other limitations and disclaimers in this agreement, Service Provider and its licensors disclaim any liability or loss in connection with the content provided on the Website and App.
6. Single User
Each assigned user name for Service Provider’s online service is to be used solely by the individual to which it was issued. Requests for multiple user single site licenses can be arranged and should be made to Service Provider at: [email protected]
7. Payment
You agree to pay, using the credit information you provided us, the charges incurred on your account in order to access any fee-based services to which you have purchased.
8. Termination
Service Provider reserves the right to restrict, suspend or terminate your access to its services, fee-based or otherwise, in whole or in part, with respect to any breach or suspended breach of any portion of this Agreement. In the event of such a termination, there will be no refunds for unused time under the terms of your license. Service Provider reserves the right to refuse to provide services to you in the future.
9. Refund/Cancellation Policy
Refer to our refund/cancellation policy.
This notice is issued by Onenergy Institute (“Service Provider”).
Payment
You agree to pay, using the credit information you provided us, the charges incurred on your account in order to access any fee-based services to which you have purchased.
Attendance:
One must attend all sessions to complete the program. If you miss a session, you may not be allowed to continue with the program.
All Programs, Products, or Services offered by Service Providers, are not substitutes for medical care and offer no guarantees of any kind. The information on the Website (or as otherwise provided by Service Provider) is provided for educational purposes only, and is in no way intended to diagnose, cure, or treat any medical or other condition. Always seek the advice of your physician or other qualified health providers prior to starting any qigong program or making changes to your diet. In addition to all other limitations and disclaimers in this agreement, Service Provider and its licensors disclaim any liability or loss in connection with the content provided on the Website.
Age Restriction:
You represent and warrant that you are at least sixteen (16) years old and that you possess the legal right and ability to enter into this Agreement and to use the Program in accordance with this Agreement.
10. Modification of the Website
Service Provider may modify the Website in any way at any time. Service Provider may impose limits on any Website features and/or services or restrict your access to parts or all of the Website without notice or liability.
11. Governing Law, Dispute Resolution.
The laws of the Province of British Columbia applicable to contracts fully executed and performed in British Columbia will govern the construction and operation of this Agreement without regard to any conflict of laws provisions. Any action brought in connection with this website against Onenergy Institute will be brought in a court sitting in Surrey, British Columbia, or in the Supreme Court in British Columbia, and the parties agree to submit to the jurisdiction of such court(s).
Effective Date
26th day of March 2022
Website And APP
Onenergy.Institute and all sub-domains as well as Onenergy APP
Onenergy.institute (the “Site”) and Onenergy APP (the “APP”) are owned and operated by Onenergy Institute Society. Onenergy Institute Society is the data controller and can be contacted at:
contact-at-onenergy.institute
Purpose
The purpose of this privacy policy (this “Privacy Policy”) is to inform users of our Site of the following:
This Privacy Policy applies in addition to the terms and conditions of our Site.
GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the “GDPR”). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.
We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.
Consent
By using our Site users agree that they consent to:
Legal Basis for Processing
We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR.
We rely on the following legal basis to collect and process the personal data of users in the EU:
Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
Data Collected in APP in a Non-Automatic Way
We may collect the following data for product personalization, App functionality, in-app marketing:
This data may be collected when you:
Payment
We accept payments through the Apple APP store (for iPhone, iPad users) and the Google Play Store (for Android device users). Apple and Google are responsible for collecting data and information required to process or support the payment, such as but not limited to your Apple and Google account, the purchase total, and billing information.
Comments
When visitors leave comments on the Site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the Site, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Contact forms
Cookies
If you leave a comment on the Site you may opt-in to saving your name, email address, and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded contents
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Analytics
The analytics tool that the Site and APP use is to collect user data i.e. traffic, visiting page, exiting page, keyword search, time of average visits, etc to understand and improve our website performance. No private data will be collected or revealed as to that purpose.
How We Use Personal Data
Data collected on the Site and APP will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.
The data we collect when the user performs certain functions may be used for the following purposes:
Who We Share Personal Data With
If you request a password reset, your IP address will be included in the reset email.
We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.
Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our Site and APP (if any), we also store the personal information they provide in their user profiles. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
Your Rights as a User
If you have an account on this Site and APP, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Under the GDPR, you have the following rights:
Children
Our content is safe for any age 4 and above. However, the minimum age we recommend to use our website and APP is 16 years of age. We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.
How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data, and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our privacy officer here:
Delphine Zhu
contact-at-onenergy.institute
Do Not Track Notice
Do Not Track (“DNT”) is a privacy preference that you can set in certain web browsers. We respond to browser-initiated DNT signals. If we receive a DNT signal that indicates a user does not wish to be tracked, we will not track that user.
Cookie Policy
A cookie is a small file, stored on a user’s hard drive by a website. Its purpose is to collect data relating to the user’s browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.
We use the following types of cookies on our Site:
How We Protect Your Personal Data
In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee’s termination.
While we take all reasonable precautions to insure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.
What data breach procedures we have in place
In case of a data breach incident, we will inform users immediately by email and any other contact ways that are available. Meanwhile, we will conduct a complete security fix and upgrade.
What third parties we receive data from
Our website may contain links to other third-party sites that are not governed by this privacy policy. Although we endeavor to only link to sites with high privacy standards, our privacy policy will no longer apply once you leave our website. Additionally, we are not responsible for the privacy practices employed by third-party websites. Therefore, we suggest that you examine the privacy statements of those sites to learn how your information may be collected, used, shared, and disclosed.
What automated decision making and/or profiling we do with user data
The data we collected will help us to decide what member privilege and what information is accessible to you.
Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the “Effective Date” at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.
Complaints
If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting the _____________________________________________________________________.
Contact Information
If you have any questions, concerns, or complaints, you can contact our privacy officer, Delphine Zhu, at:
contact-at-onenergy.institute
We are committed to maintaining the accuracy, confidentiality, and security of your personally identifiable information (“Personal Information”). As part of this commitment, our privacy policy governs our actions as they relate to the collection, use and disclosure of Personal Information. Our privacy policy is based upon the values set by the Canadian Standards Association’s Model Code for the Protection of Personal Information and Canada’s Personal Information Protection and Electronic Documents Act.