Terms and Conditions

These terms and conditions (hereinafter referred to as “Terms and Conditions”) constitute an agreement between you and myself, Bo YANG (hereinafter ‘Bo YANG’ or ‘I’), governing your use of this website and all related services, content, and functionalities. This policy applies to the website created and owned by me, located at [https://botaichienglish.com/] (hereinafter referred to as the “website,” “this website,” or “my website”). I am the owner and operator of this website, operating as an individual entrepreneur under French law, with the legal name [Bo YANG]. Your use of this website signifies your acceptance and agreement with the following terms and conditions. I reserve the right to modify, change, amend, or update my website, policies, and these terms and conditions. These terms may be subject to changes without prior notice. If you do not agree with or accept any part of these terms and conditions, you should not use this website. Your continued use of any part of this website implies your acceptance of any changes to these terms and conditions. You should regularly review the terms and conditions to check for any updates.

Payment Information

Our website uses Stripe as the payment processing provider. When you make a payment, your payment information is transmitted directly to Stripe and is not processed through our server or stored in our database. We do not collect or store your credit card number or other payment information. For Stripe’s privacy policy and security measures, please visit Stripe’s official website.

Purchase Policy

On this website, you have the option to purchase Tai Chi video courses (hereinafter referred to as ‘products’ or ‘courses’; both terms refer to the paid courses on this website) that you can study at your own pace. You declare and warrant that if you make any purchases from me: (i) any credit information you provide is true and complete, (ii) your bank or credit card company will acknowledge the charges you incur, and (iii) you will pay the charges incurred by you at the published prices.

Please note that it’s essential to keep the translation in alignment with the specific legal and contractual requirements in your jurisdiction. If you have any additional legal terms or conditions required by French law, please specify them, and I can incorporate them into the translation.

Registration and Access Restrictions

Access to certain areas of this website may be restricted. I reserve the right to determine the areas of this website that will be restricted. As a registered user, you may have access to certain restricted areas of this website. After registration, you will need to create a user profile, which may include a username and password (“User Account”). You agree to keep your username and password confidential. You must not use a username that is illegal, impersonates someone else or an entity, infringes on the rights of others, or is offensive, vulgar, or obscene. If you suspect that your password has been compromised, you must promptly notify me via [your contact email]. I shall not be liable for any loss incurred due to unauthorized use of your User Account; however, you may be responsible for any losses incurred from such unauthorized use to me or any other third party.

When you create a user account with me, you warrant that you are 18 years of age or older, capable of agreeing to these terms and conditions, and that the information you provide to me is always accurate, complete, and up-to-date. A breach of this provision may result in me deciding to terminate your user account immediately, with no refund. I reserve the right to disable your username and password, refuse registration of users for the products or use of the website, delete or edit any content submitted to the website, or cancel any user account without prior notice to ensure compliance with these terms of use.

Management Rights

I reserve the right to manage user accounts to maintain the legality and compliance of the website and products. This includes:

• Disabling usernames and passwords: I have the right to temporarily or permanently disable a user’s username and password to restrict their access to the website. This measure is typically used to address violations or abuse.
• Refusing new registered users: I can decide whether or not to accept new registered users. If I have reasonable grounds to reject certain user registration requests, such as providing false information or violating my usage policies, I may deny their registration.
• Deleting or editing user-submitted content: I have the right to edit or delete content submitted by users on the website, such as comments, posts, images, etc. This right is used to remove inappropriate content or content that violates my guidelines.
• Cancelling user accounts: I can decide whether or not to cancel a user’s account. In most cases, this may be due to repeated violations or other acts that contravene my guidelines.

The purpose of these management rights is to ensure that my website and products remain legal and compliant while providing a safe and positive user experience. I will exercise these rights prudently as needed to uphold the overall interests of the website and the rights of users. I reserve the right to modify the registration process and user access levels from time to time.

Product Use License

All products sold on this website are developed for your personal use only and may not be copied for publication or provided to others for personal or commercial use without permission. You may not create any derivative works from the products. When you purchase any product, you agree not to use any information obtained from the product to create any product or service, whether for commercial or personal use. All inquiries regarding the use of my intellectual property must be submitted to [contact@botaichienglish.com]. I reserve the right to seek equitable and compensatory remedies for any violations of this clause.

Use of the Website

Unless otherwise stated, I hold the intellectual property rights to all content and materials in this website and products. All intellectual property rights are reserved under the following license, subject to limitations as specified elsewhere in these terms of use.

Special Note: Users, upon purchasing and payment, receive personal viewing permissions and may not share, distribute, or otherwise provide access to paid course content on this website to others. Any violations of this provision may result in legal consequences.

The following uses are not allowed:

• Downloading, recording, or republishing the content of the website or products.
• Selling, renting, or sublicensing any content of this website or products.
• Copying or duplicating any content from the website or products for commercial purposes.

Users may share web page content available for free browsing on my website on social media channels as long as it includes a link to this website. However, please note that when users share my website content, they must adhere to the following conditions:

• Cannot remove or conceal any part of my website through framing or other means.
• Users’ websites must not contain illegal or explicit content.
• After I request, users must immediately delete any content posted on social media related to my website.

It is crucial to emphasize that users, upon purchasing and payment, only receive personal viewing permissions and may not use course content for commercial purposes in any way, including selling, renting, or profiting. Any violations of this provision may result in legal consequences.

I hereby reserve full rights to promote my website and courses through screenshots or screen recordings of the course content on social media and any other online platforms. This right is intended to ensure the confidentiality and legality of my paid course content.

The use of the product or website content to develop competitive websites or products, or to create derivative works as defined by copyright law, is not allowed. Your use of this website or product may not cause or be likely to cause damage to the website or product’s availability. You may not decompile, reverse engineer, disassemble, or otherwise reduce the website or product, unless expressly permitted by applicable law. You may not use the website or product to copy, store, host, transmit, send, use, publish, or distribute any materials containing (or linked to) any spyware, computer viruses, trojans, worms, keystroke loggers, rootkits, and/or other harmful code or malicious software. You may not conduct any systematic or automated data collection activities on this website or product without my explicit written permission, including but not limited to scraping, data mining, data extraction, or data collection. You may not use this website or product to transmit or send any unsolicited commercial communications. You may not use this website or product for any third-party marketing without my explicit written permission.

Intellectual Property

All original materials provided by me are the sole property of mine. These original materials (paid courses) are for your personal use only, and you are not authorized to use or transfer my intellectual property. All intellectual property rights remain with me personally. No permission is granted for any sale, distribution, copying, creation of derivative works, display, or performance of these materials. Certain names, logos, and other materials displayed on the website or product constitute my intellectual property, including but not limited to patents, trademarks, service marks, trade secrets, and copyrights. You are not authorized to use any of my intellectual property without my explicit consent. Ownership of my intellectual property remains with me personally, and you agree not to claim any rights to my intellectual property on behalf of any other individual or entity.

Refund Policy

I provide a 30-day refund policy. Within 30 days of course purchase, you are entitled to request a full refund. For detailed refund terms and procedures, please contact our customer support team.

Equitable Remedies

You acknowledge and agree that, in certain violations of the terms of use, I personally may suffer irreparable harm for which no adequate remedy at law exists and, therefore, I am entitled to obtain an injunction without posting a bond, depending on the court with jurisdiction.

Copyright

Unless otherwise indicated, the design, content, and all components of the website and products are owned by me, Bo YANG, or third parties and are protected by French and international copyright laws. Repetition or republication of these contents is not permitted without explicit written permission. Third parties may include developers, providers of plugins, themes, or other external tools, and any other entities not owned by you. When using these tools and resources, be sure to comply with relevant laws and terms of use.

User Content Usage License

By posting content on the website or product, which in most cases refers to your comments on paid courses and learning experiences, you grant me (Bo YANG) a worldwide, royalty-free license. The primary purpose of this license is to allow us to use your contributions for the following purposes:

• Facilitate improvements to the website and products: Your comment content will help improve our courses, providing a superior learning experience.
• Promotion: We may promote your outstanding performance in courses on the website to inspire other learners.
• Share success stories: Your success stories may be shared on social media or our official website to inspire other learners.

This license does not affect your copyright to your contributed content, and you retain ownership of all content posted on the website. We are committed to protecting your personal privacy and will not disclose sensitive information. If you have any concerns or questions regarding this authorization policy or wish to exercise your options or withdraw content posted on the website, please feel free to contact us by sending an email to contact@botaichienglish.com. We value your privacy and copyright and will do our utmost to protect your rights.

Your Content Contributions

All content you contribute to the website or products, including but not limited to text, images, audio materials, comments, video materials, and audio-video materials, must be legal, not infringe on any third party’s legal rights, and not result in legal action against you, my website, or third parties.

While we do not actively monitor all content submitted to or posted on the website, we will take action to prevent malicious comments and inappropriate behavior, including but not limited to removing relevant content. Our policy emphasizes that we are not legally responsible for the content but are dedicated to providing a friendly and constructive learning environment to ensure the overall quality of the community.

Comment Policy

This website and/or product may provide you with the option to leave comments and interact with the posts on the website or product. The following types of comments will not be tolerated and will be deleted:

• Malicious defamation and harassment of any content creator, Bo YANG, or the website’s products.
• Spam.
• Comments with hateful or obscene language, including but not limited to explicit, racially discriminatory, or hate content and speech.
• Comments that constitute defamation against Bo YANG or any third party.
• Comments referencing illegal activities.
• Comments that infringe on the legal rights of third parties.

Bo YANG will exercise sole discretion in determining whether comments violate this comment policy. Any comments in violation of the policy will be promptly removed, and if it is determined that your comment violates this policy, we will not provide further explanation.

Legal Compliance

You agree to comply with all applicable domestic and international laws, regulations, statutes, and ordinances concerning your use of our website, products, services, and any software provided.

Communication

If you send an email through the website or to contact@botaichienglish.com, register to use the website or product, or provide your email address to me personally, Bo YANG, in any other way, you consent to receive electronic communications from me. You agree that all legal notices provided electronically fulfill the requirement of a written notice.

Children’s Information

This website does not intentionally collect any personally identifiable information from children under the age of 13. If parents or guardians believe that the database of this website contains personally identifiable information of children under the age of 13, please contact us immediately at contact@botaichienglish.com, and we will make our best efforts to promptly remove such information from our records.

Disclaimer

Our website offers Tai Chi courses, but we do not provide medical advice. If you have any health concerns or uncertainties about whether Tai Chi is suitable for you, especially if you have underlying health issues, we strongly recommend consulting a qualified healthcare professional before starting Tai Chi practice. Tai Chi is a beneficial activity that can enhance physical health, improve flexibility, and promote overall well-being. We are committed to providing high-quality courses and guidance to ensure that students can practice Tai Chi safely. We encourage all students to approach their practice with humility and caution. Please choose the exercise intensity that matches your physical condition and health, following our course structure and teaching plans. Tai Chi practice is voluntary, and you should be aware of your responsibility for your practice during our guided video sessions. We will not be held responsible if you get injured while following our guidance. Our goal is to provide the best Tai Chi experience to students while ensuring their health and safety. If you have health concerns or doubts, we recommend seeking advice from healthcare professionals or healthcare providers before starting your practice. We urge you to exercise caution and follow our guidance for a safe and enjoyable Tai Chi journey. By registering and participating in our Tai Chi courses, you acknowledge that you have read, understood, and agreed to the contents of this disclaimer. If you do not agree with this disclaimer, please do not register or participate in our courses.

Limitation of Liability

To the extent permitted by law, this website and its administrators, employees, agents, affiliated companies, and licensors will not be liable for any direct, indirect, incidental, special, punitive, or exemplary damages, whether arising in contract, tort (including negligence), warranty, or other theories, including, but not limited to, profits, revenue, data, or use, howsoever caused, even if this website has been advised of the possibility of such damages.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this website, product, or these terms of use must be filed within one (1) year after such claim or cause of action arose, or it will forever be barred.

Force Majeure

In the event of a force majeure event, including but not limited to natural disasters, war, adverse weather conditions, government actions, power failures, and other events beyond foreseeable and controllable circumstances that affect the performance of this agreement, the parties involved shall suspend the performance of the contract until the force majeure event is resolved. All parties shall take necessary measures to mitigate the impact caused by the force majeure event and seek to restore the performance of the contract as soon as possible. The occurrence of the force majeure event shall be promptly notified in writing by the affected party to the other parties, providing a detailed description and an estimated time for recovery. During the force majeure event, both parties shall cooperate to determine the best approach for resolving the issues.

User Responsibilities and Loss Disclaimer

When users use our website or participate in related activities, users agree to assume responsibility and indemnify me, Bo YANG, and our representatives from any damages, claims, lawsuits, liabilities, obligations, costs, and expenses (including reasonable attorney’s fees) incurred due to the following circumstances:

1. Injuries caused by the user’s negligence or intentional misconduct.
2. Violation of any provisions of the terms of use by the user, including statements or warranties.
3. Any death, personal injury, or property loss related to products purchased by the user on the website or services used on the website.

User Personal Information

We highly value your privacy. Our privacy policy is incorporated into these terms of use. Please read our privacy policy carefully to obtain detailed information about how I (Bo YANG) or my website collects, uses, and discloses your personal and non-personal information.

Other Terms

• Validity and Amendments: If any term of these terms of use is deemed invalid, illegal, or unenforceable, the remaining terms shall remain effective and enforceable. In such a case, the unenforceable or invalid term shall be deemed modified to make it valid and enforceable while preserving the original intent to ensure the integrity and enforceability of the other valid terms.
• Assignment: You agree that purchased online courses, programs, or other services are only applicable to you personally and cannot be transferred, resold, or otherwise provided to others in any way. Any attempt to transfer your course or related rights to others will be considered a violation of these terms of use and may result in account termination or other legal measures. You may not transfer or resell courses or services without my explicit written consent. This provision is designed to ensure the maintenance of course content and service quality, providing the best experience for each student.
• Final Agreement: These terms of use represent the final, complete, and exclusive agreement between me (Bo YANG) and the website I provide to ensure the clear rights and obligations of both parties.
• Waiver: The failure to enforce or exercise any right or provision in these terms of use shall not be deemed a waiver of such rights or provisions. Any waiver must be made in writing and signed by me or my website’s authorized representative.
• Notices: Any notice regarding these terms of use must be sent in writing and may be delivered by email to the designated email address, with the support email being contact@botaichienglish.com, and your email address being the contact information you provided. This ensures effective communication between both parties.

Applicable Laws and Regulations:

These terms of use are governed by French law, in particular, the Auto-Entrepreneur law and related regulations. Any disputes related to this agreement will be submitted to the jurisdiction of the French courts.