General Terms and Conditions of Business (GTC) of Ailong Global Trade Co. LTD
Active from the 4th Mai 2016 at 9.54 AM (GMT+08:00) Taipei, the virtual platform Daomac, Institute of Daoist Management and Coaching that under website www.daomac.com and the e-learning Platform www.e-qimen.com are property of the Taiwanese Company艾龍國際全球有限公司 Ailong Global Trade Co. LTD, with address 403 Taichong, West district, Bo Guan Road 117, B1, with the Taxes Identification Number: 42878142 and Jurisdiction in Taichong City.
Company Owner and Director is Dr. Alejandro Peñataro Sánchez
Ailong Global Trade Co. LTD runs different kind of paid and fee-free services in general the here called „Services“, through different platforms, from now on called “Platforms”, i.e. websites like www.daomac.com, www.qmdj.biz, and www.qimatrix.pro and further software apps as well as online and personal events.
1.1. These general business conditions (hereinafter called “GTC”) apply to all Services and the entire course of business in frame of the offer by Ailong Global Trade Co. LTD over the different Platforms. The GTC regulate the contractual relationship between the Ailong Global Trade Co. LTD and the Users of the Services (hereinafter called “User”). The Ailong Global Trade Co. LTD provides its Services exclusively on the basis of this GTC. The GTC are anytime accessible to the User and can be recalled or stored in a valid form from any of our above listed Platforms.
1.2. These General Terms and Conditions of Business shall be exclusively applicable; Ailong Global Trade Co. LTD will not acknowledge any adverse provisions or any customer's provisions deviating from the own GTCs, unless Ailong Global Trade Co. LTD accepted these other provisions expressly in written form. These GTC of Ailong Global Trade Co. LTD shall apply also in the event that we perform supply to our customer with knowledge of any customer's provisions adverse to or deviating from our GTCs, but the supply taking place without caveat.
1.3. Ailong Global Trade Co. LTD will inform the User of any changes on the GTC. The User has the possibility to contradict the changes within four weeks. If the User does not contradict that changes this counts as an agreement.
2. Subject Matter of Agreement
2.1. Ailong Global Trade Co. LTD offers the Users through the different Platforms different types of Service, e-learning courses, sets of information for practice of breathing relaxation exercises and walking like the Qi-pearl, and particulary the creation and display of mathematical charts that are time and cycle projections. So the User can inform himself on the basis of the multimedia contents to this subject as well as retrieve and order individualized contents, products or Services. However, the User does not receives by its order any claim or right of accessibility or appropriation of the Services of Ailong Global Trade Co. LTD.
2.2. Ailong Global Trade Co. LTD keeps always the right of change entirely or partially the selection of products and services that offers, including also exclusion of items. The Services of Ailong Global Trade Co. LTD are placed at the disposal within the frame of the technical and operational possibilities. In cases of maintenance or development works it might come to the case that applications can be temporally restricted, interrupted or suspended. In these cases there is no right of compensation or claim. Ailong Global Trade Co. LTD expressly reserves the right to claims.
2.3. Ailong Global Trade Co. LTD reserves always the right of excluding Users acting against the GTC, Users that misusing the online Platform, the Services or Products procure themselves advantages in a illegitimated way- this includes any Behaviour of the Users that could disturb the principles of fairness and equality of opportunity between the members of the community or the normal activity of the online Platform. Further Ailong Global Trade Co. LTD reserves itself the right to exclude Users and/or its communications or comments, in cases when they include remarks that result offensive, defamatory, insulting, threatening, obscene, pornographic or in any other way illegal or against the good customs.
2.4. The contents offered on the Platforms com might possibly not correspond under circumstances acknowledged scientific methods. All the contents shown in the webpage the Platforms are our own opinions and they represent no instructions for solutions of problem, neither in the business nor in the private area. Success is definitely not to be expected in solutions of problems of this type and Ailong Global Trade Co. LTD held no liability for any of the usage that a User may do of that informations.
3. Products-Services Contract of Use
3.1. Through the fulfilment of the order form with the Users data and sending them to Ailong Global Trade Co. LTD it is established the contract of Use (hereinafter called “Contract of Use ”) of Platforms between Ailong Global Trade Co. LTD and the Customer. There is no claim of conclusion of a Contract of Use.
3.2. The utilization of the Service is exclusively allowed to full age and sui juris people.
3.3. The User is obligated to fulfil the requested data completely and by compulsory truth, to hold the registration data permanently on the current state and to be registered only once. Multiple registrations are inadmissible. A negligent infringement leads out to the immediate expulsion of Ailong Global Trade Co. LTD.
3.4. The User is to provide valid bank data or valid credit card number, or as far as Ailong Global Trade Co. LTD allows further payment methods, to deliver the respectively required information for this payment method.
3.5. By fulfilling the order form, the registration of a juristic person is only possible through registration of the name of natural person representative in charge.
3.6. Products and Services from Ailong Global Trade Co. LTD are individual and personal not transferable.
3.7. Ailong Global Trade Co. LTD reserves itself the right to delete uncompleted registrations of orders, which payments were not fulfilled.
3.8 In cases Services with free trials corresponds only one time to one person. Any misuse of this free trial will be followed and should be compensated to Ailong Global Trade Co. LTD.
4 Conclusion of Contract
4.1. Our offers are subject to change without notice. With its order, the buyer confirms bindingly that wants to acquire the offered Services of Ailong Global Trade Co. LTD on the Platforms. Ailong Global Trade Co. LTD will inform immediately the buyer about the reception of his order, but this confirmation represents no binding acceptance of the order. This confirmation of reception can be connected however with the acceptance of the order.
4.2. The conclusion of the contract between the buyer and Ailong Global Trade Co. LTD, is considered by the written acceptance of the contract offer through Ailong Global Trade Co. LTD by the confirmation e-mail after the payment has been confirmed.
5 Prices and payment conditions
5.1. Each Services will have price shown in the Platforms, in cases some services will be fee exempt.
5.2. These prices are determined by Ailong Global Trade Co. LTD. Even specific marketing campaigns may change the prices into local currencies, by the payment the indicated prices are displayed in US dollars. Possible by the payment via paypal they could be converted into Taiwan dollars.
5.3. The Information of all services are ruled by the Contract of Use are based on accordance with the respectively up-to-date valid price list. By the first request and order to these Services the Customer is already due of payment of the respectively price communicated online. Ailong Global Trade Co. LTD follows a detailed register of the access to contents that are fee-based and must be paid by the Customers.
5.4. According to the conditions arranged by the contract (point 3.) the member receives the bill for payment the respective amount for the ordered contents. The payment becomes due immediately. As far as no other payment manner has been arranged, the payment results per credit card or PayPal. For return debit notes there is an administration fee of 10 USD and for Charge Backs is 50 USD.
5.5. Price changes by the Contract of Use must be announced to the customer. The now conditions are to be applied by the renewal of the yearly contract.
5.6. Ailong Global Trade Co. LTD reserves the rights to use the services of external providers for executions of payments (e.g. Debt collection enterprises) as well as for the support of the technical platform.
6 Rights and duties of the Customer / User
6.1. Visitors and/or Users of these Platforms of other countries as Taiwan R.O.C are obligated to inform themselves about the necessity of permission or admissibility of the offers on the websites Platforms and correspondently to comply with valid restrictions of the countries from they are accessing and follow them.
6.2. The Customer or User, within the frame of the contract and the following determinations, receives, for the utilization of the online Service, the simple right of Use that runs temporary over the time of the contract and it is not transferable to third parties. The right of use is no way an acquisition right of the contents, which is completely excluded. That information is only for the private use of the customer but it is not transferable to other persons. The customer do not acquires the right over these information. The rights concerning theses informations are always kept by Ailong Global Trade Co. LTD.
6.3. The offered Services are exclusively only for the personal use of the Users. Any type of commercial use, especially the licensing, transmitting or selling of the Services is prohibited. Furthermore copying, reproducing, transmitting and changing, single contents or the entire web page, as well as the creation with this material any further works are strictly forbidden.
6.4. Through the ordered access to fee-based Services the Customer is to pay the expenses. In case of illegitimate use, e.g. a collective Use, the representative User is also to pay the expenses of the fees for all members of that collective as a compensation.
6.5. The online Services are continuously placed at the disposal of the Member. The availability of the Online Service, however can be restricted in accordance with point 2.2. for technical reasons.
6.6. The data conferred by Ailong Global Trade Co. LTD are to be protected from the access of third persons and this abuse must be prevented. Ailong Global Trade Co. LTD must be informed written or per e-mail communication in case of suspicion of illegitimate or fraudulent use. By abuse, Ailong Global Trade Co. LTD is entitled to block the access; the Customer is the legal responsible and must face the accusation of abuse.
6.7. The connection to Internet in order to Use the Online Services and the resulting cost, as well as technical prerequisites and telecommunication expenses, are costs exclusively from the User.
6.8. The customer is responsible of the technical prerequisites that allow the access to the online Services, especially concerning the used hardware, the operative system, software, the connection to Internet and the browser software.
7.1 Ailong Global Trade Co. LTD can cancel the Contract of Use of the Platforms. In cases of improper or illegitimate use of the offered Services, by reasonable suspicion, Users can be excluded of the right of access and Use of the Services and/or their Data blocked or deleted. Here Ailong Global Trade Co. LTD reserves the rights of dismissal with immediate effect and cancellation of the contract without compliance of any period of time.
7.2. For the membership and/or for the registration as a member are valid the following revocations rights and consequences:
Right to revocate
They can revoke its contract only in the time frame, which is between the request of their order and the delivery of the information by Ailong Global Trade Co. LTD.
Once the Customer has received the information of consulting services, there is no revocation or cancellation possible anymore.
§ 8 Data protection and confidentiality
Ailong Global Trade Co. LTD completely agrees and runs business activities collecting and using personal data under the accomplishment of the Taiwanese Act of data protection the so/called PDPA - Personal Data Protection Act, as expressed in its 5th Article:
“The collection, processing and use of personal data shall be carried out in a way that respects the data subject's rights and interest, in an honest and good-faith manner, shall not exceed the necessary scope of specific purposes, and shall have legitimate and reasonable connections with the purposes of collection.”
The users of these services can take up the offer in form of a one-time purchase of product or service, a recurrent time frame service or even long-term Services become a member of a community, with or without membership fee payment.
Please note: without authentic personal data it is not possible for us to provide our services, any fraudulent use or abuse of personal data from users may lead to a immediately termination of the services agreement without any right of compensation and may lead to further legal consequences.
8.1. Ailong Global Trade Co. LTD deals seriously with the protection of people privacy and confidential data, so that the respect of privacy of all Users can be warranted. Ailong Global Trade Co. LTD deals with personal data of the Users - collect, store and handle personal information (as defined below) - consistently to Taiwanese Act of data protection the PDPA - Personal Data Protection Act, as well as the General Data Protection Regulation (GDPR) of the European Union. This last one, the General Data Protection Regulation (GDPR) concerns the protection of the rights of the residents European Union, United Kingdom, Lichtenstein, Norway, Iceland or Switzerland.
8.3. Ailong Global Trade Co. LTD can use the services of third parties in order to assure the execution of the Services, the fulfilment of the present contract and the execution of this GTC. According to this, the assigned third parties in charge are entitled to the storage and transmission of Data to cooperation partners in order to fulfil the services.
8.4. The User will be informed before an enquiry of its data about the type, ambits, place and purpose of the enquiry, as well as the function and type of process that required data fulfil in compliance with execution of the contract. Through the corresponding use the User confirms his Data and confers Ailong Global Trade Co. LTD the permission of the storage and contacting.
8.5. Excluded hereof are anonymous User profiles (Log files).
8.6. Cookies Policy: By the visit of any of our websites it might be possible that information in form of “Cookies” is discarded on the computer. Cookies permit for example to adapt a website to the interests of the visitors or to store its date of birth so that it saves the input each time. In case that it is not wished the automatically recognition of the computer by the websites the own Internet browser can be adjusted so that it deletes cookies of the computer hard disk, blocks all cookies or warns the Visitor of the websites before a cookie is stored. A pop up window may express the agreement with our cookies policy every time you open the website.
8.7. Ailong Global Trade Co. LTD is authorized to transmit both Inventory Data as well as Register of Movements Data at Law Enforcing Authorities as far as this is necessary to the pursuit or clarification of a possible criminal offense, a delict or a serious infringement.
8.8 The data that we collect and use:
Identification Data – Given Name, Family Names, Date/Place of Birth; Company Name
Localization Data – Residence, Contact address - Physical Address; occasionally Physical localization for practice or definition of the Service
Connectivity Data – Email address, Phone Numbers, Profiles – User Names in case of preference of Connection to Services via Social media
Payment Data - Credit card, PayPal, Bank account, billing address, Company Tax - identification Number if needed, executed Transactions information
Network data – Further individual information you provide to us and share within any service, further general information publicly available in social networks or in your open presence in the web or delivered by service providers.
We are not interested and don’t collect any sensitive personal intimate information and we may don’t be willing to get that information such health/Disease records, genetical data, religious or believes or sexual orientation, or even any criminal background.
In the same way we are not interested and we don’t collect any children information, the usage of our services is exclusively for adults.
8.9 When and How do we collect your data
Registration processes – when you fill up any registration form, application, creation of a profile of access to Services, fee-due or free, subscribing newsletter, customer service, consulting questions, profile assessments
Contact – Any communication request from your side in any of our Services offers or events via personal contact to any of the members of Ailong Global Trade Co. LTD or via official contact ways from the corresponding website or software used for the specific event or service, including feedback
Purchase- By introduction the necessary data for fulfillment the payment of the services, including if needed third parties payment gateways
Service Use- when you use and browse our websites, when you use our communities- social - networking platforms, when you use the services we provide to you independently online, software based products or in presence events.
3rd Parties – eventual information provided by marketing activities cooperation with co-branded services such as social media websites offers.
References- in the cases of references of our services to other persons or discount codes that they contact us or we got the contact of them to offer our services, when we get the contact, that person that provides the data is also representing the agreement of the person to give further that personal data.
8.10 For which purpose do we collect your data
Security –. Validation and verification of the authenticity of your identity, first of all to accomplish to a contract with legal obligations and consequently to protect that data. Also in cases of usage of reference Discount Codes, usernames or profile data in case of references to person such as Courses enrollments via reference.
Informativity – Contact with you and keep you informed and updated about our activities and promotions, marketing campaigns contacts possibly using automated emails. Contact and Feedback for improvement of the Quality of the Services, communications of changes in the GTC.
Adequacy- Proper administration, diligent execution of the services and improvement our offer and quality of the personal services to the client in fully consideration of the given information. Market surveys and research, improvement guided considerations of better consulting and assessment of the needs of the clients in connection to the services and/or service providers. Improve browsing and personalise marketing and offer of the specific clients requests, send specific contents of we may think you could be interested in, accordingly to your preferences. In cases to provide statistical information to other companies- without any identification of specific users-.
Expansion- Our goal is better service to our clients so our Business structures are only to expand in as much as we understand the needs of our clients so that we can improve, test and implement new strategies to cope with them.
Other usage and purposes could be contemplated however they will be notified by the moment of the collection of the data.
8.10.1 For which purpose your data could be disclosed to third parties
In order to match the above expressed purposes or even additional purposes, under determinate circumstances Personal data are needed to be transferred, assessed or disclosed to third parties. In some cases explicitly Ailong Global Trade Co. LTD may arrange other service providers to accomplish some functions in the name of the company so that personal data may be disclosed. Those service provides or third parties could be such as:
Event Co-partners, Event-management companies and/or sponsors, Data Analytics, Marketing and/or Market research, IT-services, verification provider of Credit/Cards or internet payment systems that work out the commercial transactions, security companies and legal bodies as required by law.
8.10.2 International Transfer of Personal Data Consent
According to the corresponding Data Protection Law Ailong Global Trade Co. LTD ensures the security and confidentiality of that process taking the proper steps on that.
8.11 Specific Rights of Personal Data
Here down we listed the rights respecting your personal data which you can request from us. Herewith please be aware occasionally we may not be able to fully accomplish with your request straight away or may ask you to provide additional information so that we can assure the authentication of your identity if needed, however you will get informed of our decisions by the processing of your request.
The personal data protection rights applicable as expressed by the Taiwanese PDPA - Personal Data Protection Act are:
- Make an inquiry, access, review, update, delete, rectification that data we have about you in case of change, inaccurate or incomplete. §3. 1 § 3. 3
- Request a copy, data portability, it is your right to get a machine/readable and common format copy of the data we have from you §3. 2
- Demand cessation, Object, restrict and withdraw the consent that we process your personal data §3. 4
- Erasure and delete all information about you in our systems §3. 5
Additionally, if needed you may have the right to complain to a data protection authority of your country about our collection and use of your personal data.
9 Copyright reference
9.1. All copyright protected trademarks and products named within offered Services, i. e. the provided information by all the platforms of Ailong Global Trade Co. LTD, as well as all written and graphic contents and charts, are subject unrestrictedly to both the determinations of the corresponding valid Copyright and Trademark Law and the possession of the respectively registered owners and/or legal owner of copyright, Ailong Global Trade Co. LTD.
9.2. All texts are through the international copyright protected and remain in the intellectual property of the authors, Dr. Alejandro Penataro Sanchez and the Ailong Global Trade Co. LTD.
9.3. All rights at the contents and the editorial products, especially the right on copy, distribution or translation, also in parts, remain specific reserved to Ailong Global Trade Co. LTD. No part of these contents of the Internet- presence or the products (like texts, music, video, Streams or pictures) may be reproduced nor transmitted into another form or language without prior written approval of Ailong Global Trade Co. LTD. Especially it is forbidden to represent contents or parts of these contents on other WebPages or to use of this for seminar materials, independently in which form it might be converted (e.g. digitally, press etc.).
9.4. The User (the member) is allowed only to make use of the results of its investigation for his own use. This includes the right to store the found result for the own post processing, as well as to overtake single contents or parts hereof into own documents. Any further utilization going out from these two points is excluded in accordance with point 9.3 and requires a separate written agreement with Ailong Global Trade Co. LTD.
9.5. These duties named under 9.3. and 9.4. they expire after the termination of the Contract of Use.
9.6. Any illegal use of information, contents, graphic arts, charts or writing, in any physical or digital manner, violating the points from 9.1 to 9.4 will be legally prosecuted.
9.7. When the User is interested in a reproduction or another type of the publication of a material, he can submit Ailong Global Trade Co. LTD a proposal on bestowing of a person bound license. The bestowing of the license through Ailong Global Trade Co. LTD results always in individual case.
10 Liability of Ailong Global Trade Co. LTD
10.1. This Internet offer is generated on the basis of the Taiwan legal system. Moreover, the information and services contained on this webpage shall be placed exclusively at disposal of people that herewith do not violate the applicable law of their countries. Ailong Global Trade Co. LTD assumes no liability for the fact that its Internet offer can suit users from other countries where it is applicable and legally is allowable.
10.2. Ailong Global Trade Co. LTD assumes no liability for the information and the contents that can be accessed through the offered Service. Ailong Global Trade Co. LTD assumes no liability for the nonpaid retrievable contents. Especially Ailong Global Trade Co. LTD cannot be held liable for any possible damage or problem derived from the user’s own interpretation of the information.
10.3. Only compensation claims that are based upon an intentionally and/or through gross negligence caused violation of the Contract of Use done by Ailong Global Trade Co. LTD or its colleagues, might be contemplated. Any other compensation claims are excluded.
As far as damage is based upon delay or impossibility of performance of the service and Ailong Global Trade Co. LTD or its colleagues do not get into coarse debt, only replacement of the direct damage is owed.
10.4. The use of the Service results by the own responsibility of the User. Therefore any liability of defects is excluded, when there is a deficiency based upon circumstances for which the User is accountable, especially by operating errors and by injures of the cooperation duty of the User in accordance with point 6 of this GTC. Especially Ailong Global Trade Co. LTD cannot be held liable for any possible data loss or for interferences, errors, delays and hindrances in the transmission of contents over the Internet.
10.5. The extensive use of fee-based Services might lead to higher final expenses that the User has to pay.
10.6. The contents presented on the platforms should serve interested people as an information source. Ailong Global Trade Co. LTD is striven always to represent all allocated information in substance correctly and if possible up-to-date. However, a liability relating to this is excluded.
10.7. Ailong Global Trade Co. LTD cannot be held as liable for relevance, correctness, totality or quality of the allocated information. Liability claims to Ailong Global Trade Co. LTD, which refer to material or non-material type of damages that might be caused by the utilization or not-utilization of the offered contents and/or through the utilization of defective and/or incomplete contents, are excluded as far as Ailong Global Trade Co. LTD did not act intentionally or coarsely negligent.
10.8. The offered Services, especially the mathematical models, are not thought for the trade with shares, option certificate, certificates or any other trade stocks. As far as these models are used nevertheless for this, Ailong Global Trade Co. LTD warns on this point that this can lead to a total loss of the invested money. Ailong Global Trade Co. LTD cannot be held as liable, especially for escaped profit or for total loss. This kind of liability is basically completely excluded. The member acts so far on own danger.
10.9. The Services offered by Ailong Global Trade Co. LTD are not conceived especially neither for the application in military nor political strategies, nor legal disputes, nor for business strategies. There are excluded any conceptions of use that might infer damages to third parties. If the offered Service nevertheless come to be used here for, the member acts on own danger and is regarded as an abuse of the Service, with the consequences of cancellation of the membership. Ailong Global Trade Co. LTD can absolutely not be held as liable for that.
10.10. Ailong Global Trade Co. LTD protects with technical means the data stored on the server from the access of thirds. In case that despite of all seized technical measures third people could possibly achieve an access to these protected data, Ailong Global Trade Co. LTD could not be held as liable for that. Ailong Global Trade Co. LTD will adopt all measures in this case in order to rake the responsible to the coals.
10.11. Ailong Global Trade Co. LTD is not responsible for the contents and the products of other external websites. Ailong Global Trade Co. LTD could not be held as liable for any external links, their contents or the Service and products offered there. For illegality, mistake, misleading or incomplete contents, services or products of thirds and especially for all material or non-material damages that might be originated from the utilization or not utilization of the offered information, services or products of that third parties, the liability shall be held by the operator of the website.
10.12. Ailong Global Trade Co. LTD cannot be held liable for any possible damage or problem derived from the user’s own use of the information. Qi-Pearls are Information of time and direction, there it can be recommended to the Customer to practice breathing exercises, relaxing exercises, meditation and walk. Ailong Global Trade Co. LTD cannot be held liable for the personal use of these Information and the possible practices of the customers and any possible damage or problem derived from them.
11 Liabilities of the Users
11.1. The User is held as liable for the improper use of the Services, violations of this GTC or the contractual duties so far he is accountable.
11.2. The User sets Ailong Global Trade Co. LTD free of all claims of third party liability, so that Ailong Global Trade Co. LTD cannot be held as liable for any claim done by third people who might presume to have received any legal infraction or right violation from a User who might be accountable and might try to bring up a relationship between the behaviour of the User and this contract. The User carries on its own the responsibility of its actions and is to deal by his own with the consequences and the possible expenses of his legal defence. Ailong Global Trade Co. LTD request explicitly the User to ward Ailong Global Trade Co. LTD off against claims of thirds, and the User is due of payment the expenses of the claims of thirds.
12 Final Provisions
12.1. The law of Taiwan R.O.C. shall govern the business relationship, UN sales law shall be excluded.
12.2. For all disputes among the parties arising out of and in relation to the Services of Ailong Global Trade Co. LTD, when the User is a Businessman and in cases where the User has no general jurisdiction is Taichung, Taiwan, by mutual agreement of both parties define Taichung (at the Main) as the place of jurisdiction and place of performance. The same is valid to complaints against a customer, that after the contract has expired he has changed the residence, has migrated to a different country or a person whose residence is unknown by the moment claiming.
12.3. For members, who are consumers, a jurisdiction exists at the respective residence of the member. For all disputes emerging out of this Contract of Use and this GTC, additional jurisdiction is for consumer with residence in Taiwan.
12.4. Should any of the provisions of the GTC’s be ineffective or void in part or in whole, this do not affect the effectiveness of the remaining provisions. At the place of the ineffectual provision, it comes the closest provision in the frame of the legal possibilities of the intended regulation.
Taipei, the 01.1.2020, Ailong Global Trade Co. LTD