TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Updated: May 1, 2024

1. What's in These Terms and Conditions

These Terms of Use (the “Terms and Conditions”) tell you the terms and conditions for using the website https://www.PutiCollege.com (the “Site”), any associated mobile application, application programming interfaces, products, other services, and content including text, graphics, videos and images offered by Puti Meditation College (Canada) Ltd., Bodhi Tree Productions Ltd., Taiwan Shan Porsche Co. Ltd., Ba Bao Wisdom Sdn. Bhd., and GrandMaster JinBodhi through the Site and associated mobile application or application programming interfaces (collectively, the “Services”). The content of the Site and the Terms and Conditions are set by Puti Meditation College (Canada) Ltd. (“Company”, “We” “we”, “us”, “Our” or “our”).

By using our Site and the Services, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not agree to these Terms and Conditions, you must not use our Site or the Services.

By using this Site and the Services, you affirm that you are of adult age (at least 19 years of age in Canada) under applicable law and have capacity to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you are younger than adult age but above the required age for consent to use online services where you live (for example, 13 years of age in the USA and Canada or 16 years of age in Ireland), you may use the Site and the free Services, but may not set up an account to use the paid for Services, and your parent or legal guardian may open an account for you and help you enroll in classes that are appropriate for you. If you are below this age of consent to use online services, you may not use the Site or the Services. If we discover that you have created an account that violates these rules, we will terminate your account. If you do not meet all of these requirements, you must not access or use the Site or the Services.

You are also responsible for activities of all persons who access our Site through your Internet connection, your IP protocol address, or your account. You must ensure that they are aware of these Terms and Conditions, and that they comply with them.

As a part of these Terms and Conditions, you also agree to comply with our Sales Terms and our Privacy and Cookies Policy, which are incorporated by reference into these Terms and Conditions.

2. Visitors and Users

You may access our Site as a visitor to view the Content (defined below) and enroll in free classes. However, to enroll in paid classes or to use our mobile application or application programming interfaces, you need to create an account.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

If you choose to create an account with us, you agree to provide only complete registration information, and you will keep that information up-to-date if it changes. Once you have created an account, you become a registered user. You also agree that your Puti College account is the Same Sign-On account you use to log in to all services and sites related to www.PutiCollege.com.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these terms and conditions.

We may terminate or suspend any account (and any related accounts) and your access to the Site and the Services if: you breach this Agreement, you become insolvent, bankrupt or anything akin to such event; and/or if we choose to discontinue to operate our Site or provide the Services.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us by contacting privacy@puticollege.com.

3. Class Enrollment and Access

We offer three levels of classes:

  • Free classes that can be accessed online through our Site without any registration requirements;
  • Paid classes to enroll in which you need to create a user account on the Site and pay the prescribed fee;
  • Higher level paid classes available to advance students. Enrollment in these classes is subject to our approval of the student’s application available online and your payment of the prescribed fee. We reserve the right to reject the application for any reason without any explanation to the student.

When you enroll in a class, whether it is a free or paid class, we grant you a limited, non-exclusive, non-transferable license to access and view the class and associated Content (defined below) for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Site, in accordance with these Terms and Conditions and any conditions or restrictions associated with a particular class or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any class unless we give you explicit written permission to do so. This also applies to the Content you can access via any of our mobile applications or application programming interfaces.  Classes are licensed, and not sold, to you.  This license does not give you any right to resell the class in any manner (including by sharing account information with a purchaser or illegally downloading the class and sharing it on torrent sites).

Unless otherwise specified in the description of the class, when you enroll in a class we give a limited access license. However, we reserve the right to revoke any license to access and use classes at any point in time in the event we are required to do so by law, if you fail to comply with these Terms and Conditions. The limited access is not applicable to add-on features and services associated with a class. For example, translation captions of classes may be disabled at any time, and questions and answers services with respect to a class may not be provided for recorded classes. Such access is granted to the class content, and not the class instructor.

Enrollment in the paid classes is subject to the Sales Terms.

4. Prohibited Uses

You may use our Site, our Content or the Services only for lawful purposes. You must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, post on another website, or otherwise use the Content, Services or the Site for any public, commercial or non-personal purpose, unless with our express prior authorization.  You must not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense the Content to another individual or entity.  The prohibited uses expressly include but are not limited to: (a) “screen scraping”, “database scraping” and any other activity intended to collect, store, re-organize, summarize or manipulate any Content (whether via an automatic program or a manual process); (b) transmission or any other procedure of sending any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Site, associated mobile application or application programming interfaces or the Content in contravention of these Terms and Conditions.

  • Not to access without authority, interfere with, damage or disrupt:

    • any part of our Site or associated mobile application or application programming interfaces;
    • any equipment or network on which our Site or associated mobile application or application programming interfaces are stored;
    • any software used in the provision of our Site or associated mobile application or application programming interfaces; or
    • any equipment or network or software owned or used by any third party.

5. How You may Use Content and Our Site

We are the owner or the licensee of all intellectual property rights in our Site and the content, including all classes, displayed on our Site and provided to you through Services (the “Content”). The Content is protected by copyright, trademark laws and other laws around the world. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers. Use of any such property, except as expressly authorized, will constitute a violation of the rights of the property owner and may be a violation of provincial, federal or other laws and could subject the violator to legal action.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to Content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of Content on our Site must always be acknowledged.

You must not use any part of the Content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our Site must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you. You may not access the Site or the Services if you are in a country where such access is prohibited.

6. Information on This Site

The Content and the Services are provided for general information only. They are not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content or the Services.

Although we make reasonable efforts to update the information on our Site and the Services, we make no representations, warranties or guarantees, whether express or implied, that the data in the Content and the Services is accurate, complete or up to date. Company accepts no responsibility for loss arising from reliance on information contained on this Site, the Services or other sites that may be linked to or from our Site from time to time.

7. Errors on The Site

We provide an online store for a large number of products and services. It is always possible that, despite our reasonable efforts, some of the products on our Site may be incorrectly priced. If we discover an error in the price of the products you have ordered, we may cancel the order and contact you to inform you of this error and the cancellation of the order.

8. We are NOT Responsible for Websites We Link To

Where our Site contains links to other sites, and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

9. Disclaimer of Warranties and Limitation of Liability

YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, ITS CONTENT AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS”, “WHERE IS” BASIS, WITH ALL FAULTS, AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THESE TERMS AND CONDITIONS, COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE INFORMATION OR THE SERVICES PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH CONTENT, INFORMATION OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, BUSINESS INTERRUPTION, DATA LOSS, WORK STOPPAGE, OR COMPUTER FAILURE OR MALFUNCTION.

IN ANY CASE, OUR AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED USD$10. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR PURSUANT TO ANY LEGAL DOCTRINE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

10. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the products purchased through the Site, the Content, the Services, or the Site, including third-party sites, other than as expressly authorized in these Terms and Conditions.

11. How We may Use Your Personal Information

We will only use your personal information as set out in our Privacy and Cookies Policy.

12. Uploading Content to Our Site. Content Standards

Whenever you make use of a feature that allows you to upload your content to our Site, our social media accounts, and associated mobile application or application programming interfaces (for example, by posting questions to the instructor regarding the class or commenting on our posts) or to make contact with other users of our Site, you must comply with the content standards set out in these Terms and Conditions as described below. When enrolled in the classes through the Site, you must also comply with the content standards described below.

These content standards apply to any and all material which you contribute or post to our Site, our social media accounts, and associated mobile application or application programming interfaces (“Contribution”). Our standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our discretion, whether a Contribution breaches these terms and conditions.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in Canada and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trademark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote, induce, or perform any illegal or unlawful activity.
  • Be in contempt of court.
  • Be threatening, abusive or breach another person’s privacy, or disclose personal information without explicit prior authorization.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from us, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any products, services or web links to other sites, unless expressly authorized by us.

You warrant that if any such Contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any Contribution you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Contribution, but you are required to grant us and other users of our Site a limited licence to use, store and copy that Contribution and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any Contribution posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any Contribution you make on our Site if, in our opinion, your Contribution does not comply with the content standards prescribed by us.

You are solely responsible for securing and backing up your content, including any Contribution.

13. Rights You are Giving Us to Use Material You Upload

When you upload or post any Contribution, you grant us the following rights to use that Contribution:

a perpetual, worldwide, non-exclusive, royalty-free, transferable, sub-licensable, licence to use, reproduce, distribute, prepare derivative works of, display such content in connection with the Service and the Site and across different media, including use relating to promoting the Services and the Site or its services.

14. We are NOT Responsible for Viruses and You Must NOT Introduce Them

We do not guarantee that our Site and associated mobile application or application programming interfaces will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site and associated mobile application or application programming interfaces. You should use your own virus protection software.

You must not misuse our Site or associated mobile application or application programming interfaces by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or associated mobile application or application programming interfaces, the server on which our Site or associated mobile application or application programming interfaces are stored or any server, computer or database connected to our Site and associated mobile application or application programming interfaces. You must not attack our Site or associated mobile application or application programming interfaces via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the law of applicable jurisdiction. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and associated mobile application or application programming interfaces will cease immediately.

15. Rule about Linking to Our Site

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other Site.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the permitted use specified in these Terms and Conditions.

16. Breach of These Terms and Conditions

When we consider that a breach of these Terms and Conditions has occurred, we may take such action as we deem appropriate.

Failure to comply with these Terms and Conditions may constitute a breach of these Terms and Conditions upon which you are permitted to use our Site and the Services, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our Site, associated mobile application or application programming interfaces and the Services.
  • Cancellation of your account and any order you placed.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Terms and Conditions. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

17. Which Country's Laws Apply to Any Disputes

These Terms and Conditions are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws that would lead to the application of any other Laws and excluding any Laws that implement or are based upon the United Nations Convention on Contracts for the International Sale of Goods.

18. How Disputes Will be Resolved

To the extend permitted by applicable law, a dispute, controversy or claim arising out of or relating to these Terms and Conditions, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator.

The seat of arbitration and the place of arbitration shall be Vancouver, British Columbia, Canada. The language of the arbitration will be the English language. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.

Any award rendered in the arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for the enforcement of the award.

The costs of arbitration, including fees, travel expenses and other expenses of the arbitrator and witnesses, the fees or charges by the centre and the reasonable legal fees and expenses, as determined by the arbitral tribunal, of the successful party, shall be borne by the unsuccessful party.

The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the privacy of the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

We may bring suit in any appropriate forum or court of competent jurisdiction to avoid irreparable harm or to preserve the status quo, or for any breach (or threatened breach) of infringement or misappropriation of our intellectual property rights, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those matters, all matters that are not properly subject to arbitration pursuant to these Terms and Conditions, and all permitted appeals arising from an arbitration pursuant to these Terms and Conditions.

The parties agree and acknowledge that each party is waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative action.

INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION WITH RESPECT TO METHODS FOR DISPUTE RESOLUTIONS OUTLINED HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW, and the parties hereby submit to the exclusive jurisdictions of the courts located in Vancouver, British Columbia, Canada with respect to such disputes.

19. Who We Are and How to Contact Us

You may contact us by login into your account and select contact customer service.

20. We May Make Changes to These Terms and Conditions

We may amend these Terms and Conditions from time to time. Every time you wish to use our Site, please check these Terms and Conditions to ensure you understand the Terms and Conditions that apply at that time.

21. We may Make Changes to Our Site and the Services

We may update and change our Site and the Services from time to time without notice to reflect changes to our products or services, our users' needs and our organization’s priorities.

We are under no obligation to update our Site, the Content or the Services.

22. We may Suspend or Withdraw Our Site and the Services

We do not guarantee that our Site or the Services, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site or the Services for any reason. We will try to give you reasonable notice of any suspension or withdrawal.

23. Other Legal Terms

Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of that provision or any other provision on any other occasion. If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. The Terms and Conditions, Sales Terms and Privacy and Cookies Policy constitute the sole and entire agreement between you and us regarding the Site and all product orders you made through the Site, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between us and you, or constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing. This agreement is between you and us. No other person shall have any rights to enforce these Terms and Conditions. Neither of us will need to get the agreement of any other person in order to end these Terms and Conditions or make any changes to the terms and conditions herein. In the event of a conflict between the English version of these Terms and Conditions and any other language version of these Terms and Conditions, the English version shall prevail. Les parties aux présentes ont expressément convenu que ce document et tous les accords, documents ou avis annexes y afférent soient rédigés en anglais. The Parties to this agreement have expressly agreed that this document and all ancillary agreements, documents or notices relating thereto be drafted in English.