Service agreement
About
I. Service Description
Users shall be aware that Mandarin Spring is a service platform that allows teachers and students to publish information about Chinese language learning and learn Chinese language. Students reach independent teaching service agreement with teachers via the Mandarin Spring platform, whereby both parties enjoy and undertake the corresponding rights and obligations. If users suffer losses to related properties and personal injury in the teaching and learning process, users shall directly hold the other party liable and Mandarin Spring is exempt from the liabilities for damages resulting from any dispute of the service agreement between students and teachers.Meanwhile, Mandarin Spring has established and maintains a comprehensive customer service system in an effort to help teachers or students coordinate or resolve their disputes.
II. Terms and conditions of use
1. Registration and account
To use the services provided by Mandarin Spring, the user needs to register an Mandarin Spring account. Account registration requires the user to complete several steps including filling out the email address and setting up an account password, agreeing to this “website user agreement” and activating the email account. The email account provided by the user is the website user name. By completing the registration process, the user will have his or her own account on the Mandarin Spring platform and may conduct transactions using common payment methods in respective countries such as Alipay, Wechat, PayPal and UnionPay. The user account shall be used by the user only and may not be shared with any other individual, otherwise Mandarin Spring has the right to block the user account identified by the system and the resulting losses so incurred to the violating user will be the sole responsibility of the violating user. If any user’s password or account is used without the authorization of the user or incurs any other security issues, the user may immediately notify Mandarin Spring. For any user account that remains inactive for a prolonged period of time, Mandarin Spring has the right to close such account.
2. Information dissemination
Mandarin Spring will publish the information provided by teachers ((including, but not limited to, personal information, teaching experience ...) on the Mandarin Spring platform. Mandarin Spring faithfully performs its service obligations to review and verify the identification certificates of teachers joining the platform, but it can not make substantial warranty as to the accuracy, completeness and trueness of any and all such information. By publishing any contents on Mandarin Spring or submitting any contents to related Mandarin Spring staff, the user agrees to grant Mandarin Spring a non-exclusive, free, perpetual, irrevocable and complete license. Meanwhile, the user hereby grants a worldwide license to make reasonable use of, reprint, modify, adapt, publish, translate, create derivative works from, distribute and display such contents for lawful purposes including publicity of Mandarin Spring services.
3. Order
The “order” referred to herein shall mean the service agreement entered into by and between the user and a teacher or student, as the case may be, at the sole discretion of the user based on his or her requirements and needs on the Mandarin Spring platform. After a student searches and identifies a suitable teacher on the platform, chooses the available class offered by the teacher and pays for the class, the order will become officially valid. Please refer to the specific rules of the Mandarin Spring website for details about order change, cancellation and refunding.
4. Teaching, confirmation, payment and comment
(1) After the user (being individual, not organization or other entity) pays for a class, Mandarin Spring will not be legally liable for any dispute or loss incurred with respect to the class or payment in any manner. The teacher will not view the fee paid for a class in his or her Mandarin Spring account unless and until he or she completes the class.
(2) After a teacher completes the performance of a service order from a student, the student may give comments on the website and the teacher may also comment on the student’s performance. Only when both sides give their comments can both sides view the comments from each other. The user may provide suggestions, comments or other information on the Mandarin Spring platform, provided that such contents may not violate the currently applicable Chinese laws and regulations and other normative documents or contain any unlawful (including any illegal religion and its publicity materials), obscene, threating, humiliating or slanderous contents or contents that violate privacy or infringe upon intellectual property rights or otherwise constitute infringement upon third-party rights. Mandarin Spring will take reasonable measures including deletion or blocking upon receipt of any complaint or report from related right holder. The user shall be liable to Mandarin Spring for any losses incurred to Mandarin Spring due to the fault of the user.
III. Conduct of user
1. The user shall comply with the following laws and regulations:
The user hereby agrees to comply with the Law of the People’s Republic of China on Guarding State Secrets, the Copyright Law of the People’s Republic of China, the Computer Information Security Protection System Regulations of the People’s Republic of China, the Computer Software Protection Regulations, the Regulations on Management of Internet Electronic Bulletin Services and the Regulation on the Protection of the Right to Network Dissemination of Information and other laws and regulations and implementing rules regarding computer and internet. If Mandarin Spring reasonably believes any conduct of the user might violate the aforesaid laws and regulations under any circumstances, Mandarin Spring may cease to provide such user with services at any time without prior notice.
Mandarin Spring welcomes users to report any violation of the aforesaid laws or infringement or uploaded contents that violate any third-party rights. Mandarin Spring will unconditionally delete any uploaded contents identified in violation of applicable laws or any third-party rights.
2. Users are prohibited from the conducting any of the following acts:
(1) Except for communication and teaching and learning activities on the platform, students or teachers may not attend or give classes in private, otherwise Mandarin Spring has the right to disable the account of the violating teacher or student once identified and the violating teacher will never be allowed to deliver classes on the Mandarin Spring platform. Mandarin Spring reserves any right to continue to hold the violating teacher for any and all resulting economic losses.
(2) Uploading, posting or emailing or transmitting any contents that are against the fundamental principles set forth in the Constitution, jeopardize the national security, leak any state secrets, subvert the state political power, disrupt national unity, disrupt ethnic solidarity, damage the national honor and interests, incite national hatred or ethnic discrimination, damage the national religious policy, promote any cult or feudalistic and superstitious activities, obscene, pornographic, gambling, violent, murderous or terrorist activities or abet the commission of crime, humiliate or slander others, infringe upon others’ lawful rights and interests or any other contents prohibited by laws and regulations or any other offending contents including but not limited to news, information, data, text, software, music, photo, graphics or other materials (“Content”).
(3) Impersonating any individual or organization or falsely claiming or creating an impression that the user is associated with any individual or organization in a fraudulent or dishonest manner.
(4) Uploading, posting, emailing or otherwise transmitting any unauthorized contents (such as internal data and confidential information).
(5) Uploading, posting, emailing or otherwise transmitting any contents infringing upon any third-party patent, trademark, copyright, business secrets or proprietary rights.
(6) Uploading, posting, emailing or otherwise transmitting any advertising correspondence, promotional materials or “spam email”, except to dedicated area used for the aforesaid purposes.
(7) Uploading, posting, emailing or otherwise transmitting any information or data regarding software virus or other computer code, file or program that interferes with, damages or restricts any computer software, hardware or communication equipment functionality.
(8) Interfering with or damaging this website’s server or any servers or networks connected with this website’s server, or violating the terms and conditions of use of this website.
(9) Intentionally or unintentionally violating any applicable Chinese laws, regulations, rules, codes and other norms having the effect of law.
3. The user shall be solely responsible for the contents uploaded, posted, emailed or transmitted via this website.
Mandarin Spring will not guarantee the lawfulness, legitimacy, accuracy, integrity or quality of any contents transmitted via this website. When accepting the services provided by this website, the user might be exposed to offending, inappropriate or undesirable contents. Under no circumstances will Mandarin Spring be liable for any contents in any manner, including but not limited to any error or omission in any contents and any derivative losses or damages. Mandarin Spring has the right (but without obligation) to reject or delete any contents provided via this website at its sole discretion. The user shall use the aforesaid contents at his or her own risk. Mandarin Spring has the right to save or disclose the contents in any of the following cases:
(1) As required by legal proceedings;
(2) As per the provisions of this agreement;
(3) Any violated third party makes a claim;
(4) to protect the rights, properties or personal safety of Mandarin Spring, its users and the general public;
(5) Such other circumstances as Mandarin Spring deems necessary.
4. Storage of and restriction on user information
Mandarin Spring will not be liable for deletion or storage failure with respect to information published by the users. Mandarin Spring has the right to determine whether the conduct of user complies with the terms and conditions of this website user agreement. If Mandarin Spring believes any user has violated any terms or conditions of this agreement, Mandarin Spring has the right to cease to provide the website services to such user.
IV. Each party’s rights and obligations and legal responsibilities
1. Mandarin Spring has the right to supervise, remind, examine and correct any services set forth herein;
2. Mandarin Spring has the right to retain any and all information provided by users at the time of registration with or use of the website. Mandarin Spring has the right to reasonably use any information provided by users when publicizing and promoting the Mandarin Spring services online or offline.
3. Mandarin Spring has the right to delete or block any illegal or infringing information uploaded by any user.
4. Mandarin Spring will use any and all user information prudently and may not disclose any user information to any third party except as required by applicable laws or with the prior consent of the user.
5. Mandarin Spring provides convenient channels for the right holder to complain about or report any alleged infringement activities and exercises reasonable remedies according to law.
6. Users shall use the platform services provided by Mandarin Spring for lawful purposes only.
7. Users shall be legally responsible for the trueness and lawfulness of any information published by them. Users may not publish any falsified or unlawful information or speech on Mandarin Spring platform. If any contents uploaded by any user to Mandarin Spring allegedly violate any third-party rights, such user shall be solely responsible for the resulting legal consequences.
8. Users shall fully and properly perform the agreed obligations and independently undertake the legal responsibilities if they enter into orders using the information provided by the Mandarin Spring platform.
9. Users shall have only right of use to the services and contents on Mandarin Spring and may not reproduce, copy or distribute any contents including video, learning software, learning materials and audio or otherwise violate the applicable laws and regulations regarding intellectual property rights, otherwise the user shall be solely responsible for any and all resulting civil, administrative or criminal consequences.
V. Special reminder of user’s obligations
Any information uploaded by any user to the Mandarin Spring platform may not contain any of the following contents:
1. against and fundamental principles set forth in the Constitution;
2. Jeopardize the national unity, sovereign or territorial integrity;
3. Leak any state secrets, jeopardize the national security or damage the national honor or interests;
4. Incite national hatred or ethnic discrimination, damage the ethnic solidarity or harm national custom or habits.
5. Promote any cult or superstition;
6. Disrupt social order or damage social stability;
7. Induce minors to violate laws, commit any crime or promote violent, pornographic, gambling or terrorist activities;
8. Humiliate or slander others or violate citizen’s personal privacy or other legitimate rights and interests;
9. Jeopardize social morality or damage outstanding national culture or tradition;
10. Other contents prohibited by the applicable laws, regulations and national rules.
VI. Precautions for minors
If any user is not a natural person with full civil rights and full capacity for civil conduct, the user is advised to obtain his or her guardian’s prior permission to use of Mandarin Spring services or have his or her guardian directly use Mandarin Spring services. The subsequent online learning and payment shall also be conducted and completed under the guidance of the guardian or with the prior permission of the guardian.
VII. Intellectual Property
1. Mandarin Spring has the rights to the information and data contained in the software used in the website services and on this website that are protected by intellectual property laws or other laws; The copyright to the entire content of this website except for the contents to which the users have the copyright according to the law shall remain with Mandarin Spring.
2. The videos and other contents transmitted via this website are protected by the copyright, trademark, patent or other laws. Except for the copyright held by the user who has uploaded such video or other contents to the website, no other users may modify, lease, distribute or create derivative works from such contents without the express prior consent of Mandarin Spring.
3. The users have the non-exclusive right to use the software used on this website, but may not reproduce, modify, sell or derive any products from such software or license any third party to do so.
4. Any and all design logos and other logos, product and service names on this website are trademarks and logos of Mandarin Spring and/or its affiliates and may not be used, reproduced or otherwise exploited by any person for any other purpose.
5. Mandarin Spring has the full intellectual property rights to and in its proprietary contents, works of authorship and other proprietary or exclusive contents acquired through license. Any entity or individual may not retransmit, disseminate or make available such contents for viewing services without the prior consent of Mandarin Spring or otherwise violate the intellectual property rights of Mandarin Spring, otherwise such entity or individual shall be solely responsible for resulting legal consequences.
6. Copyright infringement activities include providing or acquiring any illegal copy of copyrighted contents on any learning platform, community forum or elsewhere, except for the following circumstances: except that Mandarin Spring provides copyrighted contents at its sole discretion for individual users to download and use, these copyrighted contents may be used by individual user only and may not be copied or reproduced to any other individuals or organizations for their use. Copyrighted contents include but not limited to course videos, homework assignments and exercises, exam questions and textbooks. Please note that it is also illegal to download any copyrighted contents or provide any copyrighted contents for others to download.
7. If any student’s act constitutes copyright infringement, his or her account will be disabled and any tuition paid will not be refunded. We reserve the right to claim economic losses and compensation through legal channels. We encourage students to share lawful resources and purchase textbooks.
VIII. Disclaimer
In any of the following circumstances, Mandarin Spring will not be legally liable for any direct or indirect losses incurred to any user:
1. Mandarin Spring is an information service platform and can not guarantee the accuracy, validity, timeliness or integrity of such information. The information provider shall be legally responsible for the trueness and lawfulness of information provided.
2. Mandarin Spring will not be liable for any losses incurred to any users due to service interruption resulting from force majeure event or any cause beyond the control of Mandarin Spring.
3. Mandarin Spring will not be liable for any losses incurred to any users due to computer virus, hacking, system failure or malfunction that might result from any use of this website (including linking to or from any third-party website).
4. The user shall be solely responsible for any and all risks or losses due to the user informing others or sharing with others his or her personal registration account information.
5. The related parties shall be solely responsible for the legal consequences of any breach of contract or infringement between any teacher and student or any third party.
6. Mandarin Spring will endeavor to notify the users of the need to suspend the website services due to system maintenance or upgrading via this website. Mandarin Spring will not be legally responsible for any losses or potential losses so incurred to any users in any manner.
IX. Termination of services
In the process of use of any Mandarin Spring services, Mandarin Spring has the right to cease to provide any services to any user if:
1. The user uses Mandarin Spring platform for any illegal purposes.
2. The user uses Mandarin Spring platform for any purpose other than the true transaction of class reservation and attendance.
3. The user has been the subject of multiple documented complaints;
4. Any other infringement upon the lawful rights and interests of Mandarin Spring.
5. The user publicizes and disseminates any cult-related, obscene, threatening, humiliating or slanderous contents or any contents infringing upon privacy or intellectual property rights in violation of laws on the platform.
X. Privacy statement
Mandarin Spring undertakes to collect, use and disclose user information according to this privacy statement and not to disclose any user information to any third party or the general public without the prior consent of the user, except as otherwise specified in this statement:
1 .User information includes but not limited to:
Information about user-registered account, information uploaded by user, user information automatically received by Mandarin Spring and user information collected by Mandarin Spring through lawful channels.
2. Collection, use and disclosure of user information
To provide users with higher-quality services, Mandarin Spring reserves the right to collect user cookie information.
Mandarin Spring will disclose user information lawfully only in the following cases:
(1) Disclosure to any third party with the prior consent of the user;
(2) Disclosure to any third party or administrative or judicial authorities according to the applicable law or as required by the administrative or judicial authorities.
(3)otherwise as required by the laws, regulations or policies.
3. Protection of user information
(1) Any user account has security feature and users are advised to properly keep their account and password information. Mandarin Spring will ensure user information will not be lost, misused or forged through server data backup, technically confirmed secure encryption of user password, among others. Notwithstanding the aforesaid security measures, users are advised to note that there exists no “absolute security measure” on information network.
(2) Mandarin Spring will not allow any user or third party to collect, sell or disseminate any user information for free without the prior consent of the user.
(3) Mandarin Spring contains links to other websites and Mandarin Spring will not be responsible for the privacy protection measures of such other websites. When logging into those websites, users are advised to stay alert and protect their personal privacy.
XI. Applicable law and dispute resolution
1. This agreement shall be governed by and construed according to the laws of the People’s Republic of China.
2. Any and all disputes between Mandarin Spring and its users shall be resolved through friendly consultations, failing which either party has the right to submit the dispute to Shanghai People’s Court for adjudication.
XII. Right to modify and severability of terms of this agreement
1. To better provide services and comply with applicable regulatory policies, Mandarin Spring has the right to modify any terms of this agreement in time. Users are advised to review the terms of this agreement on a regular basis. Mandarin Spring will publish notices of any modifications to these terms on its webpage.
2. If any provision of this agreement is held to be invalid or unenforceable for any reason, the validity and enforceability of any and all remaining terms of this agreement will not be affected.
XIII. Notice
Mandarin Spring will give notices to its users via email or webpage announcement. When any terms of this agreement are modified or in case of any change to other matters, Mandarin Spring will notify its users of the same via any of the aforesaid means.
XIV. Execution
1. This agreement will take effect as of the date when the user registers with Mandarin Spring.
2. Mandarin Spring has the right to interpret this agreement to the extent allowed by law.
Note:
1. The laws involved in this agreement are the currently applicable laws and regulations, judicial interpretations, local regulations and rules and departmental rules and other normative documents of the People’s Republic of China as well as the modifications and additions made thereto from time to time.
2. The user referred to herein includes students and teachers.
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