The following Terms of Service Agreement (the “Agreement”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Xhanzi Education Co., Ltd., also known as Xhanzi and our subsidiaries and affiliates, in association with the use of the Xhanzi website, which includes, (the “Site”) and its Services, which shall be defined below.
Subject to the conditions set forth herein, Xhanzi may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. Any revisions to the Terms of Service will take effect on the noted effective date.
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF SERVICE.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND XHANZI WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Site is online education which has the following description:
Provide online Chinese education and tutoring for children.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this Agreement.
In connection with registering for and using the Service, you agree (i) to maintain the confidentiality of your password and other information related to the security of your account; and (ii) to be fully responsible for all use of your account and for any actions that take place through your account.
All users herein agree to insure and hold Three Pals Class, L.L.C., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Three Pals Class Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
We do not warrant that descriptions and pricing of our Services offered published in our pricing and fee schedules, are accurate, complete, current, or error-free. The descriptions, pricing and availability of Services will be subject to change, withdrawal or discontinuance at our absolute discretion and without the need to assign a reason thereof. We reserve the right to reject or refund any purchases resulting from such inaccuracy, errors or discrepancies, without liability. If a Service is not as described, your sole remedy is to discontinue using it.
From time to time, we may make promotional offers each of which may have specific eligibility requirements, validity period and other terms which will be set out in the specific promotional offer. Xhanzi reserves the rights to change, withdrawal or discontinuance the promotional offers.
We offer trail lesson that will only be available to new customers after signing up and onboarding process. These lessons are not available for transfer, refund or any other conversion methods.
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Xhanzi’s sites.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF XHANZI EDUCATION CO., LTD. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. THREE PALS CLASS, L.L.C. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
XHANZI EDUCATION CO., LTD. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) THREE PALS CLASS, L.L.C. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THREE PALS CLASS, L.L.C. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE THREE PALS CLASS, L.L.C. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF XHANZI EDUCATION CO., LTD. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION.
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT XHANZI,
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
You do hereby acknowledge and agree that Xhanzi Education Co., Ltd.’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Xhanzi Education Co., Ltd. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Xhanzi Education Co., Ltd. Services (e.g. Content or Software), in whole or part.
Xhanzi Education Co., Ltd. herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Xhanzi Education Co., Ltd. for use in accessing our Services.
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH TERMINATION OR INVALIDITY THEREOF, SHALL BE SETTLED BY ARBITRATION. THE PLACE OF ARBITRATION WILL BE IN MANITOBA.
Before serving a demand for arbitration of a Claim, you and Xhanzi agree to first notify each other of the Claim. You agree to notify Xhanzi of the Claim and Xhanzi agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and Xhanzi then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or Xhanzi, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and Xhanzi will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.