Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE, WHICH INCLUDES OUR PRIVACY POLICY, BECAUSE IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND raw Qi café.
Thank you for visiting http://www.rawqicafe.com (the "Site") which is operated by raw Qi café ("raw Qi café", "we", "us", or "our"). Please read these Terms and Conditions of Use carefully because by using our Site, using, downloading or installing any software and/or Content (as defined herein) available from or through our Site (or attempting to do any of these) it means that you agree to be bound by and comply with these Terms of Use, which includes and incorporates our Privacy Policy and when we refer to our Terms and Conditions of Use, we mean it shall include our Privacy Policy as well.
Content and Copyright, Trademark, and Related Issues
The contents, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site (collectively, the "Content") are for your personal informational purposes only. We authorize you to view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark and other laws and regulations of the Hong Kong and foreign laws. You may not use Content in any way not expressly permitted by these Terms and Conditions and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or termination without notice.
The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms and Conditions, is strictly prohibited.
raw Qi café will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.
Nutrition, Fitness and Well Being Information
Certain Content presented on Site is intended to impart general nutrition, fitness and wellness information. The Content is not intended to be construed as or be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Neither we nor the Site recommends or endorses any specific tests, physicians, products, procedures, opinions, course of treatment or therapy or other information on or associated with the Site. You should always consult your own qualified health care professional concerning your particular circumstances and needs and not rely on our Site or Content. Using our Site is solely at your own risk.
User Submissions
The Personal Information you submit to the Site is governed by the Site's Privacy Policy. When we use the term "Personal Information" we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you. You agree you will not send, upload or transmit any communication or content of any type to the email address listed on the "Contact Us" link that infringes or violates any rights of any party or violate these Terms of Use. By submitting or otherwise exchanging communications or content, including, without limitation, any personal or commercial information, idea, concept or invention (individually and collectively, "User Content"), you agree that such User Content will not be considered or treated as confidential and (i) you acknowledge and understand others may see, read, use or re-transmit such User Content, (ii) you explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and (iii) that raw Qi café is thereby granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. raw Qi café may sublicense its rights through multiple tiers of sublicenses. raw Qi café, however, is under no obligation to use the User Content.
Linking / Third Party Links on Our Site
Our Site may contain links to other Web sites. raw Qi café does not recommend, monitor, control or endorse any third party advertising or content, or the content on any third-party Web sites and is not responsible for such Web sites' terms of use or privacy policies or how they may treat your information. Your use of third-party Web sites is at your own risk. Please be mindful of this as you link to other sites.
In general, raw Qi café does not object to links to our Site from third-party Web sites. However, you must abide by the following rules:
- Unless we have a written agreement with you, you may not use any of our Trademarks in or with your links, except that you may link to our Site using the plain text name of our Site.
- Do not present the link to our Site in any way that suggests raw Qi café or our Site has any relationship or affiliation with your Web site or endorses, sponsors or recommends the information, products or services on your Web site, unless you have a specific written agreement with raw Qi café to do so;
- Link only to the home page of our Site; and
- Do not, without raw Qi café's written permission,: (a) incorporate any content from our Site into your Web site (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Site in any "metatag" or other information used by search engines or other information location tools to identify and select Web sites.
Limitation of Liability
The use of the Site and Content is at your own risk and are provided "as is." Transmissions over the Internet and communications networks is not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, raw Qi café AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall we, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, raw Qi café shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose. Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law. You should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.
Indemnification
You agree to defend, indemnify, and hold raw Qi café, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
General
raw Qi café is based in Hong Kong with servers in the United States. raw Qi café makes no claims that the Site, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms of Use.
Law that Applies; Interpretation and Modification
You expressly agree and personally submit to the exclusive jurisdiction of the courts of the Hong Kong, to adjudicate and resolve any dispute with raw Qi café, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE SPECIAL ADMINISTRATIVE REGION OF HONG KONG IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
These Terms of Use are governed by the substantive laws of Hong Kong, SAR, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms of Use, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days' advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our Site. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.
Complete Agreement
These Terms of Use, including our Privacy Policy, constitute the entire agreement between you and raw Qi café regarding the Site and supersedes any and all other terms, representations, promises or discussions. Only raw Qi café has the authority to agree to amendments to these Terms of Use, and to be and be considered binding, any amendments must be in writing and executed by raw Qi café.
Questions or comments regarding this Site, including reports of non-functioning links, should be submitted using our Contact form or email
raw Qi café MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING
Privacy Policy
General
raw Qi café thinks your privacy is important. Please read this section of our website to learn more about raw Qi café's philosophy and privacy policy. We understand that the protection of privacy is a major concern to many of our customers. raw Qi café is workinghard to gain your trust by selling only the highest quality foods and products, and we want to do everything reasonably possible to keep your trust. To build on our relationship, raw Qi café wants you to understand a little bit about how our website interacts with visitors and how we will use any information gathered when you visit our website. By using our services and viewing this Site, you are consenting to the information collection, use and disclosure practices described in this privacy policy.
International Users
If you are located outside of the United States, please note that this Site is hosted on computer servers in the United States. Any personal information collected through this Site may be transferred to the United States and other countries that might not provide an equivalent level of protection as the data protection laws in your home country. Your use of this Site or submission of any personal information will therefore constitute your consent to the transfer of your personal information outside of your home country.
Types of Information
Gathered raw Qi café may gather the following types of information: (1) personal information given voluntarily while using a feature of this website, for example, during a registration process or purchase, including name, address, phone number, e-mail address, birth date. Financial information, such as credit card number will be collected through PayPal and is not stored on our site. Financial information is subject to the PayPal privacy policy. (2) information gathered as a result of voluntary participation in a survey or poll, or when communicating with our webmaster or customer service Team Members; and (3) information gathered automatically when visitors visit our website.
raw Qi café will not sell or otherwise share personally identifying information with other people or nonaffiliated companies except to provide services to you at your request, or as required by law. raw Qi café will share this information with certain business partners to provide requested service that we do not provide directly. raw Qi café will only share personally identifying information with these business partners if they agree not to disclose the information to other parties and agree not to use this information to solicit.
raw Qi café may share aggregate data collected through its website that does not personally identify any party with our research partner, and may from time to time share this type data with other business partners.
raw Qi café may disclose specific information upon governmental request, in response to a court order, when required by law, or to protect our or others' rights, property, or safety. We do not provide information to these agencies or companies for marketing or commercial purposes.
Also, if you participate in any blog or other online forum on our Site, any personal information that you post on the website may be shared with other participants in the forum. In any of these situations, the recipient of the personal information may be located in the United States or another jurisdiction that may not provide an equivalent level of data protection to the laws in your home country.
Registration
In order for you to receive certain benefits of our website you may first be asked to supply certain information such as your zip code. raw Qi café wants to supply you with information that benefits you and the more relevant information we have about you the better we are able to do this.
The more of this information you choose to share with us, the better we can craft our services specifically for you.
Surveys And Polls
From time to time, raw Qi café website users may be asked to participate in voluntary surveys and polls. As a part of this process you may be asked to supply personal information such as demographic information and lifestyle preferences. These surveys will be strictly voluntary and you can choose to disclose this information or not.
Cookies
raw Qi café may automatically receive and record information on our server logs from your browser, which may include your IP address, raw Qi café's cookie information, session time, click path analysis, and the pages you request. raw Qi café will only use this type data in an aggregate form which does not identify you personally.
Updating Personal Information
raw Qi café understands that you may want to change or access your personal information. You may do so in your account section. To protect your privacy and security, we will verify your identity by requiring you to sign in. raw Qi café's Use of Information raw Qi café may use information gathered through its website for the following general purposes: (1) to customize content delivered to you; (2) to contact and provide service to you as well as improve the overall delivery of raw Qi café's services; and (3) to conduct research for other purposes related to raw Qi café's core business. In no case will raw Qi café use personally identifying information for its own use or the use of any other party, except to provide the services you request or as required by law. raw Qi café only reviews usage of our online content in the aggregate (meaning information summarized into large groups of users with no personally identifying information) to determine the most popular website features and to help us develop new content and service ideas.
Changes to Privacy Policy
This document was last updated August, 2010. raw Qi café may update this privacy policy at any time. If so, raw Qi café will post the updated privacy policy on this site. raw Qi café encourages you to review this privacy policy from time to time for any changes.
Children
Parents should always supervise their children while online. raw Qi café's website is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children's Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on this website.
Links
This website may containl links to other websites not controlled by raw Qi café. We have attempted to choose our linked partners with great care; however, raw Qi café is not responsible for the privacy practices of any linked site. You should read the privacy policy of each linked website to understand the related policy. This privacy policy applies solely to information collected through raw Qi café's website. In addition, when you browse, they may place their own cookies on your computer and we do not control cookies placed on your computer by third parties whose links appear on our site.
Security
raw Qi café has attempted to take all reasonable steps to have physical, electronic and procedural safeguards in place to protect personal information gathered through this website. This includes compliance with related federal regulations and may include use of industry-standard Secure Socket Layer (SSL) encryption to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk.
Questions and Comments
raw Qi café is always interested in what our customers have to say. If you have any questions or concerns, please feel free to
contact us.
