TERMS AND CONDITIONS

WWW.QILINGONG.COM AND WWW.QIGONG-EUROPE.COM

 

 

  1. INTRODUCTION

 

  • The platforms qilingong.com and www.qigong-europe.com (hereinafter referred to as the “Website” or “Platform”) are owned and managed by the National Qigong Federation of Romania (F.N.Q.R.), CIF 14720273, with headquarters in Bucharest, str. Prisaca Dornei nr.11, sect.3 (“FNQR”).
  • qilingong.com is the platform dedicated to information about qigong in general and the style of Qigong practiced in Master Lin Kai Ting’s QilinGong School, as well as the activities, events and courses available in this school.
  • qigong-europe.com is the platform dedicated to Qigong practitioners of the QilinGong School where they can create a user account and register as participants in practice sessions, courses, events, camps and trips organized by the FNQR and/or its Member Associations. Information about the practitioner’s data and the history of courses attended as recorded in the practitioner’s user account will be available and visible to both the practitioners and the FNQR and FNQR Member Associations.
  • This document contains the terms and conditions of use of qilingong.com and www.qigon-europe.com (“Terms and Conditions”).
  • Acceptance of the Terms and Conditions is required to browse the qilingong.com website and the www.qigong-europe.com website and can be done expressly/explicitly by checking the appropriate box provided to the User on the Site or implicitly by using the Site, including accessing or browsing any of its pages.
  • Acceptance is confirmation that you have read and agree to the terms and conditions set out in this document. Failure to accept the provisions of the Terms and Conditions shall entail the obligation for the user to cease accessing the Site and the impossibility of accessing the information and services available on the Site.
  • The Terms and Conditions are in the nature of an adhesion contract, the terms of which are unilaterally determined by FNQR. FNQR reserves the right to change and update the content of the Site and the Terms and Conditions at any time without prior notice.

 

  1. DEFINITIONS

 

Activities

Practice session(s), courses or webinars, trainings, excursions, camps, workshops, conferences organised in the form of regular meetings in individual or group sessions, depending on the option chosen, exercises and workshops developed by FNQR and available on the Site, which can be accessed and used by the Participant in this way:

(a) remotely, by means of distance communication, at a specific date and time with the assistance of a trainer

(b) with physical attendance, at a specific date, time and location with the assistance of a trainer, in the case of courses or practice sessions

(c) remotely, by means of remote communication or physical presence, at a specific date, time and location for the other Activities.

 

Member Associations

Local qigong associations affiliated to or members of the FNQR

Order

 

 

An electronic document by means of which the User transmits to FNQR: (i) the intention to participate in one or more Activities, by using remote communication means and by accessing specific pages on the Site, and (ii) the data required to do so;

 

Confirm

The confirmation that FNQR sends by email to the User/Participant after checking the availability of the Activities and on the basis of which the Participant will access the Activities in the Order.

Communications

 

The electronic newsletter service that allows Users to receive regular information from FNQR, especially about the Activities organized within the QilinGong School, at the e-mail address or phone number that the User provided in the Account creation process;

·          

Cont

 

Electronic service made available to the User by www.qilingong.com, identified by the email address (Login) and Password, entered by the User, resources collected by the FNQR IT system and allowing the User to use additional functionalities/services (i.e. registration to Activities, activity history, issuing of tax invoices, etc.);

Content

 

Text, graphic or multimedia elements, such as, but not limited to, information about the Activities and including images and descriptions thereof, promotional videos, if any, descriptions and images of people, scripts, software, trademarks, which are posted and distributed on Www.qilingong.com and www.qigong-europe.com by FNQR, are the property of FNQR or its suppliers;

Participant/Practitioner

the User who has opted to participate in an Activity and has paid after registering via the Site for the fee or the minor registered by the User for an Activity

Payments

 

The collection by the FNQR or by the Member Associations of the amount paid by the User for the Activity for which he has registered.

Price

 

The amount of money received by the FNQR or Member Association in exchange for granting the User access to the Activities ordered, in accordance with the terms and conditions.

Trainers

Individuals who will conduct and lead the practice sessions, accredited and certified according to Qiligong School regulations and procedures.

User

 

Any natural person over 18 years of age or legal entity visiting www.qilingong.com or www.qigong-europe.com and/or placing an Order on their own behalf or as the legal representative of a minor Participant.

Working Day

 

One of the days from Monday to Friday inclusive, except for public holidays, which are declared public holidays.

 

 

  1. USE OF QILINGONG.COM and WWW.QIGONG-EUROPE.COM WEBSITES
  • FNQR provides the User with the following functionalities through the Site:
    1. Viewing Content posted on www.qilingong.com and www.qigong-europe.com 
    2. Create your User Account – via www.qigong-europe.com.
    3. Registration for Activities, under the conditions governed by the Terms and Conditions of the Site;
    4. transmission of Communications, based on the Customer’s prior consent.
  • Register a User Account:
    • To create an account on the www.qigong-europe.com platform, the User is required to use a valid e-mail address and follow the steps described in the Account creation page, available at www. qigong-europe.com.
    • The User is obliged to keep the Password confidential, not to disclose it to any other person and understands that if he/she entrusts someone else with the Account Password, that person will have access to his/her personal data and FNQR will be released from any liability arising from unauthorized use of the Account. FNQR offers the User the possibility to change his/her Password at any time.
    • The FNQR may refuse an application for registration of an Account in situations where the website administrator finds that information that is not accurate was used in the process of creating the Account.
    • The User may at any time request deletion of the Account by sending a request to privacy@www.qilingong.com.
    • The creation of the Account is necessary to place an Order within www.qigong-europe.com, this cannot be carried out by a User who only visits the Site www.qilingong.com.
  • For Users who already have an Account, it offers free of charge storage and availability of the Activity history, available Activities, the possibility to update contact and personal data, etc. via the Account.
  • The use of the Account is possible after completion of the following steps by the User:
    • completing the registration form, understanding and accepting the provisions of the Terms and Conditions;
    • by pressing the “Create account” button.

 

  • Communications
    • The User can change his option at any time regarding the consent given to the FNQR for the Communications by changing the settings in the Account in the “Account Settings” section by accessing the unsubscribe link displayed in the Communications received from the Seller or by telephone or letter using any of the contact details in the “Contact” section.
    • Messages received by the User from FNQR, by SMS or e-mail, regarding the status of the relationship between FNQR and the User (i.e. confirmation of account creation, confirmation of Order placement, notification of registration for Activities, notification of security incidents, etc.) are not considered as Communications within the meaning of the applicable Legislation.

 

  • Complaints regarding the use of the Site or its functionality may be submitted in writing by mail or e-mail using any of the contact details in the “Contact” section. Please indicate in the content of the complaint: description of the irregularity and the date when it occurred, what you are requesting, your contact details, where we can contact you for the efficient resolution of the complaint. The FNQR may settle the complaint immediately, but no later than 30 calendar days from the date of confirmation of receipt of the complaint by the User.

 

  1. PROCESSING OF PERSONAL DATA
    • FNQR collects and processes personal data within the qilingong.com platform according to the Personal Data Processing Policy at www.qilingong.com, available here.

 

  1. ORDER – REGISTRATION TO ACTIVITIES
    • The FNQR offers the possibility to pay the Activities Order by accessing the platform www.qigong-europe.com.
    • The user guarantees that all the information he/she enters in the application form is correct and complete and that he/she will update it whenever changes occur.
    • Placing an Order or creating an Account using another person’s name or a false name, as well as providing incorrect, inaccurate or fictitious information is prohibited.
    • The User/Participant understands that in order to be able to submit an Order, it is necessary to complete and upload to his/her User Account the documents/certificates in the format requested on the Site, certifying that in terms of health he/she is fit to participate in the Activities. FNQR cannot be held liable for information entered incorrectly by the Participant or User, which may result in delays or inability to access the Activities. However, in this case, FNQR cannot be held liable for any possible damage suffered by the Participant and/or User as a result of the refusal/delay in completing the Order.
    • qigong-europe.com may refuse an Order by notifying the User, without any obligation between the parties and without the User being able to claim damages, in any of the following situations:
      • failure/invalidation of connection data;
      •  
      • failure by the User to pay for the Activities for which he/she has registered;
      • incomplete or incorrect data provided by the Participant and/or User;
      • Participant and/or User activity may cause damage to www.qilingong.com, qigong-europe.com and/or their partners;
      • there is reasonable suspicion that the Participant/User is placing Orders solely for the purpose of accumulating the benefits offered by the Site (i.e. not honouring the Orders subsequently by cancelling them or not paying the Price);
      • there is reasonable suspicion of possible fraud on the part of the Participant or the User with regard to the method of payment of the Price.
    • In certain circumstances and for justified reasons, FNQR reserves the right to modify the specifications or characteristics of the Activities in the Order. In these situations, Participants/Users will be notified by e-mail and FNQR will refund the amount paid by the Participant or User, at their express request, if the consideration for the Activities has been paid previously.
    • If an Activity can no longer be carried out, FNQR will inform the User of this fact, either by telephone or by email and if the User has previously paid the Activity fee, it will return the fee within a maximum of 14 days from the date on which FNQR became aware of this fact or from the date on which the User expressly expressed his/her intention to withdraw from the Activity.
    • FNQR reserves the right to cancel Orders for Activities which are displayed on the Site due to technical errors or which, due to technical errors, show obviously erroneous/derived prices.
    • FNQR will notify the User by email about the status of the Order (i.e. Order registration initiation and confirmation, sending access code or materials, etc.).
    • Cancellation of the Order can be made within 24 hours of placing it.
    • By placing the Order, the User certifies that he/she has reached the age of 18.
    • Placing the Order is done as follows:
      • The user ticks the Activity they have opted for and then goes to the Order form;
      • The User fills in the data necessary for registering his/her participation in the Activity: name and surname, address (street, house/house number, postcode, city, country), e-mail address, contact telephone number, then confirms the conformity of the data necessary to complete the Order.
      • In the case of non-consumer Users, it is also necessary to provide full details of the legal entity (i.e. Commercial Register number, unique registration code, registered office address);
      • The User chooses one of the methods of payment of the Price;
      • The User submits the Order through the functionality provided by www.qigong-europe.com for this purpose (i.e. the “Place Order” button). By placing the Order by the User, the User is required to accept the Terms and Conditions;
      • FNQR, in response to the Order placed by the User, will send the User a message to the e-mail address provided by the User, confirming receipt of the Order and, if applicable, confirmation of the availability of the Activity.
      • If FNQR, due to the lack of availability of the Activity, found that following the verification of the Order placed by the User, cannot honour it, the User has the right to cancel the entire Order. Cancellation of the Order by the User releases FNQR from the obligation to fulfil the Order.
      • By completing the Order, the User expressly declares that he/she agrees that a FNQR representative may contact him/her by any available means (i.e. e-mail/telephone) to confirm the Order or for details about it.

 

  1. ACCESS TO ACTIVITIES.
    • Based on the verification of the information provided when placing the Order, FNQR will send the User the Confirmation of Registration to the Activities and, if applicable, the Access Code, if the following conditions are cumulatively met:
      • FNQR has confirmed by email the availability of the Activities ordered by the User,
      • FNQR has confirmed the collection of the amounts related to the Activity ordered by the User.
    • By adhering to these Terms and Conditions, the User/Participant understands and agrees that the use of the Access Code, or access in any other way to the content of the Activities by the User/Participant, constitutes his/her express and unequivocal consent to the commencement of the Activities.
    • If access to the Activities is not possible for reasons beyond FNQR’s control, the User has the right to a refund of all amounts paid, where applicable.

 

  1. PAYMENT METHODS. BILLING
    • The following payment methods are accepted by the FNQR:
      • in cash, at the venue of the Activity, at the FNQR headquarters indicated in the Introduction or at the headquarters of the Member Association organising the Activity;
      • payment by bank transfer.
    • The price, payment method and payment term are specified in the Order and confirmed by the User by placing the Order.
    • Payment of the Price will be made in lei.
    • By submitting the Order, the User agrees to receive the payment details in electronic format, via electronic mail, to the e-mail address specified by the User.
    • The User shall make the payment within the terms indicated in the Order confirmation email, otherwise FNQR has the right to cancel the Order, without being held liable for any damage caused to the Trainee.

 

  1. GIVING UP ACTIVITIES. REFUND POLICY

 

  • The User has the right to withdraw from the Activities under the conditions and within the time limits announced in the Order confirmation email. In this case, if the conditions are met, FNQR will refund the User all amounts paid for the Activities.
  • In order to opt out of the Activities, the User shall inform FNQR of the unequivocal decision to opt out, without having to justify the request, by a letter sent by post or e-mail to the addresses mentioned in the Contact section and by the deadlines announced in the Order confirmation e-mail.
  • The FNQR will communicate to the User the confirmation of receipt of the waiver and will refund the User, within 14 calendar days of receipt of the waiver statement, the payments made by the User for the Activities waived.
  • FNQR will return the Price using the same payment method the User used.

 

  1. USER and PARTICIPANT OBLIGATIONS concerning the use and access to the functionalities provided by the FNQR on the website www.qilingong.com and www.qigong-europe.com.
    • provide truthful data when placing an Order or on the registration forms when creating the Account;
    • update the data they provided to FNQR at the time of placing the Order, using all available options within the Account or Order Placement section;
    • use the functionalities in a way that does not interfere with the operation of the qilingong.com or www.qigong-europe.com platform;
    • to use the services and functionalities provided by FNQR in accordance with the legislation in force and the Terms and Conditions herein;
    • to pay the Price on time;
    • not to carry out computer activities or any other activities aimed at obtaining information that is not intended for it, including data of other Users/Participants or that interferes with the principles or technical aspects of operation of Www.qilingong.com;
    • Take all security measures to protect his personal data. In this regard, the Participant/User is advised not to remain logged in on www.qigong-europe.com and not to set the automatic login option on mobile devices. Disclosure of the password for access to the Account is not allowed and it is recommended to use a password with strong security features (e.g. containing at least eight characters, including uppercase letters, lowercase letters, digits and special characters).
    • Do not engage in any of the following prohibited activities:
      • avoiding, disabling, altering or degrading any means of protecting the content of the Site;
      • downloading, capturing, reproducing, copying, archiving, distributing, transmitting, uploading, publishing, modifying, creating derivative works of, or translating the content of the Site or any portion thereof, other than as expressly permitted by FNQR;
      • attempting to gain unauthorized access to the Site, the server on which the Site is stored, or any other server, computer or database connected to the Site;
      • attacking the Site by a DoS (“denial of service”) or DDoS (“distributed denial of service”) attack;
      • introducing viruses, Trojan horses or any other technologically harmful material; h) sending or posting any unsolicited advertising, marketing, promotional material on or through the Site.
      • Using the Site for commercial purposes other than as expressly permitted by the Terms and Conditions;
      • Collection of personal data from the Site use for any other purpose.
    • Obligations regarding conduct and posting of messages on the Site or during sessions, when permitted or accessible:
      • The participant or user must use decent language appropriate to the academic environment
      • It is forbidden to post messages or, during the sessions carried out by means of remote communication, to show attitudes that could cause damage or jeopardize the image of a person or organization, pornographic material, offensive, vulgar language, inciting violence, spam or containing viruses, etc., material that promotes discrimination on any grounds or that is published in breach of obligations to third parties (such as, for example, an obligation of confidentiality), material that promotes illegal activities, that threatens, abuses or invades the privacy of another person or causes annoyance, distress or inconvenience another person, that are likely to harass, annoy, alarm or alarm any other person, that may be used to impersonate another person or misrepresent another person’s identity or affiliation to third parties, materials that give the false impression that they emanate from the FNQR
      • Messages that violate the provisions of this article will be automatically deleted without notice, at the discretion of the Site Administrator, who may decide to exclude the learner or User from the system with the loss of all rights related to this quality.

 

  1. INTELLECTUAL PROPERTY
    • The exclusive rights to the Content made available/displayed via qilingong.com and www.qigong-europe.com by FNQR or its partners, in particular the copyright, the content of the Site and the Activities, the name and logo of QilinGong (registered trademark), its graphics, the software as well as the rights to the databases are subject to legal protection and are the property of FNQR. The participant/User has the right to use the above Content free of charge, but only for personal use and exclusively for the proper use of www.qilingong.com and www.qigong-europe.com respectively.
    • The Participant/User is specifically not entitled to translate, adapt, modify, or make any kind of changes to the Activities or Content or to use them for their own profit.
    • FNQR may grant the Participant/User, at their express request, by an agreement, the right to use in a described form certain content of the qilingong.com or www.qigong-europe.com platform. This agreement applies strictly to the Content(s) defined, for a period set out in the agreement and only to the person(s) who have been allowed to use such Content(s).
    • The use on qilingong.com or www.qigong-europe.com of any registered trademark name does not constitute advertising for that company. FNQR assumes no responsibility and cannot be held liable for any damages arising from the use of the Content of www.qilingong.com or www.qigong-europe.com.
    • Intellectual property rights in the Activities, including the content of the sessions and all materials to which the User/Participant has access via www.qilingong.com or qigong-europe.com belong to FNQR or, where expressly indicated, its partners. The content of the Site, as well as the content of the Activities, regardless of the mode of access, may be used exclusively by the Participant/User for personal, non-commercial purposes, without the purpose of obtaining any gain of any kind from such use. Any use for other purposes or by persons other than the Participant/User may only be made with the express prior written consent of FNQR.
    • The participant/User has only the right to access, view, download and save the course materials and pages related to the course activities.
    • The User/Participant is prohibited:
      • Copy, reproduce, reproduce, transmit, transmit, publish any part or any fragment of any of the materials (course materials, printed matter, flyers, information, in any medium whatsoever) related to the Activities and/or support or collaborate with third parties to reproduce any part or fragment of such materials for any purpose other than those expressly permitted in these Terms and Conditions;
      • sell, use or exploit any of the materials (course materials, printed materials, flyers, information, on any type of medium) related to the Activities, regardless of the manner in which it came into possession of them, other than within the limits set out in these Terms and Conditions
      • download or modify or reproduce the Site in whole or in part without the written consent of FNQR.
    • Requests to use the Site Content or Activities for any purpose may be sent to office@qilingong.com or by any of the methods indicated in the Contact section.

 

  1. DISCLAIMER
    • The User understands and accepts that the Site Administrator and FNQR are exonerated from any responsibility for material, data and information taken from any official sources, including those that have been published with the purpose and character of “press releases”, and that all information, data, materials posted on the Site are of an informative and indicative nature and that, within the limits provided by law, neither the Site Administrator nor FNQR assumes responsibility for the truthfulness, accuracy and validity of the content of the Site or for any legal effect arising from its use.
    • FNQR is not liable for any errors in the display of prices or characteristics of the Activities. The website, its content, functions, Activities and information contained therein are provided on an “as available”
    • FNQR makes no warranty that the Activities will be in accordance with the User/Participant’s wishes or that the results obtained from the Activities will be correct or in accordance with the User/Participant’s wishes.
    • FNQR does not warrant that the Site qilingong.com or www.qigong-europe.com servers on which it is hosted or e-mails sent from Www.qilingong.com or www.qigong-europe.com are free of viruses or other potentially harmful computer components, that it is free of errors, omissions, defects, delays or interruptions in operation or transmission, line failures or any similar disruptive factors, including interruptions in the provision of domain hosting, web hosting, database services, e-mail services, internet access services. The learner/User uses the www.qilingong.com or www.qigong-europe.com platform at his/her own risk, and FNQR shall not be liable for any direct or indirect damage caused by using or accessing/visiting Www.qilingong.com or as a result of using the information on the www.qilingong.com or www.qigong-europe.com platform. FNQR is not responsible for any errors or omissions that may occur in the preparation or presentation of the materials on the site. In such cases, the User/Participant shall notify FNQR by telephone, and FNQR will attempt to remedy the deficiencies within a reasonable time.
    • The information contained in Www.qilingong.com and qigong-europe.com is for informational purposes only and is provided in good faith from sources the FNQR believes to be reliable. If any of the published articles or any other information falls under the Copyright and Related Rights Act No. 8 of 1996, the User is requested to inform FNQR at office@qilingong.com so that the necessary legal measures can be taken, if appropriate.
    • Any links to other sites are provided solely for the purpose of making the information more accessible, and www.qilingong.com and qigong-europe.com assume no responsibility or liability for the content of these sites, services or services promoted or marketed through these sites.
    • FNQR shall not be liable for any loss, costs, suits, claims, expenses or other liabilities, if caused directly by your failure to comply with the Terms and Conditions qilingong.com and www.qigong-europe.com.
    • The FNQR shall not be liable for any damage resulting from: (i) the non-functioning of the www.qilingong.com platform, and (ii) the inability to access certain links published on the qilingong.com platform or www.qigong-europe.com, (iii) attacks by viruses, cyber attacks such as DoS (“denial of service”) or attacks with or through other computer harmful tools, which may affect your work equipment, computer programs, data or any other material, in connection with or as a result of using the Site or downloading content from the Site or from a link to which the Site refers.
    • In each case concerning the liability of the FNQR, its employees, authorised representatives and/or authorised agents, the liability towards the User/Customer, irrespective of its legal basis, is limited to the amount of the Distance Contract Price.
    • FNQR is not responsible for online, bank or cash payment transactions made by third parties, who are responsible for the correctness and security of the Transactions.
    • To the fullest extent permitted by law, we exclude all warranties, representations and liability either express or implied that may accrue to a FNQR with respect to the Activities and the Sites and its use. No advice, opinion or information, oral or written obtained by Users from any of the Member Associations, FNQR and Trainers or through the use of the Activities or through the Site shall constitute a warranty by FNQR.

 

  1. MAJOR STRENGTH
    • Neither party to the Distance Contract shall be liable for failure to perform on time – in whole or in part – any of its obligations under the Distance Contract if the failure to perform such obligation was caused by force majeure. For the purposes of this Article, force majeure shall mean an unforeseeable and insurmountable event beyond the control of the parties, not due to their intention or fault, which occurs after the entry into force of the Long Distance Contract and which prevents the parties from performing all or part of their obligations. Such events shall include armed conflicts, civil commotion, fire, floods or any other natural disaster or restriction resulting from a quarantine or embargo, the list being not exhaustive but illustrative. Labour disputes do not constitute force majeure. An event similar to the above which, without creating an impossibility of performance, makes it extremely costly for either party to perform its obligations is not considered force majeure.
    • The Party claiming force majeure shall notify the other Party within 5 calendar days of the occurrence of the event and provide within this period the necessary evidence thereof. The party invoking force majeure is also obliged to inform the other party of the termination of the force majeure event. In the event of failure to give notice, the party claiming force majeure shall be liable for all damages arising from the failure to give notice of the occurrence/termination of the force majeure event.
    • If within 15 (fifteen) days from the date of its occurrence, the said event of force majeure does not cease, each party to the Long Distance Contract shall be entitled to notify the other party of the termination of the Long Distance Contract by operation of law, without either party being entitled to claim damages .

 

  1. APPLICABLE LAW. DISPUTE RESOLUTION
    • The Distance Contract shall be governed by and construed in accordance with Romanian law.
    • The parties will make every effort to resolve any dispute amicably. The User/Participant will receive the FNQR’s viewpoint/response within 30 days from the date of receipt of the written request sent by post or email to any of the contact details in the Contact section
    • If an amicable settlement is not possible, the dispute will be settled under Romanian law.

 

Last update – 15 May 2024.