Party A: MAXs Education Game CG (hereinafter referred to as “MAXs Education”)
Party B: MAXs Education User (hereinafter referred to as the “User”)
On the basis of equality, voluntariness, and amicable negotiation, Party A and Party B have reached the following agreement regarding the purchase of Party A's courses by Party B, in order to regulate the teaching and learning conduct of both parties, to be mutually observed and performed:
At the time of purchasing Party A's courses, Party B shall have reached the age of 18 and shall have read, understood, and accepted all the terms of this Agreement.
Once Party B completes the course purchase and pays the corresponding fees, it shall be deemed that Party B has read and fully understood the meaning of the terms of this Agreement and agrees to be bound by this Agreement.
Article 1: Rights and Obligations of Party A
1.1 After Party B pays the course fees, Party A shall provide Party B with the corresponding course services, which include pre-recorded and live-streamed course services. The service platform shall be designated by Party A.
1.2 Party A shall publish course schedules, class times, and other information to Party B through online channels such as Party A's website and QQ groups operated by Party A. Party B's course schedule and class times shall be subject to the information published by Party A.
1.3 The pre-recorded course content provided by Party A shall be retained for three (3) years from the date of course commencement.
1.4 When courses are played on the platform designated by Party A, Party A guarantees that the course services purchased by Party B can be used normally; however, Party A shall not be liable for any failure to provide normal course services due to force majeure events or reasons attributable to Party A, including but not limited to network interruptions caused by internet service providers, Party A's lack of internet access conditions (including lack of hardware/software conditions or hardware/software failures), etc.
1.5 If Party A is unable to fulfill the course services due to its own reasons, Party A shall notify Party B in advance and negotiate with Party B to arrange alternative courses; if Party B does not accept the alternative courses, Party A shall refund the course fees corresponding to the unfulfilled portion of the courses.
1.6 Party A has a duty of confidentiality with respect to the personal information provided by Party B. Without Party B's permission, Party A shall not disclose Party B's personal information to any third party.
Article 2: Rights and Obligations of Party B
2.1 Party B shall pay the corresponding course fees to Party A (the course price shall be subject to the actual amount paid). Upon successful payment, Party B shall be entitled to the corresponding course services.
2.2 The actual fees payable by Party B shall be subject to the price indicated in the payment order. If Party B has any questions regarding the fees, Party B may contact MAXs Education staff for consultation before making payment. Completion of payment by Party B shall be deemed as having no objection to the fees paid.
2.3 Once Party B purchases the courses, Party B may not apply for refunds or course exchanges midway through due to personal reasons.
2.4 Party B may consult MAXs Education staff through online channels regarding course-related questions (including but not limited to live streaming, video playback, material downloads, etc.), and MAXs Education staff shall respond in a timely manner.
2.5 Party B shall be responsible for providing its own equipment necessary for online participation in courses, including personal computers, mobile phones, mobile communication devices, or other essential internet-access devices. Party A shall not be liable for any failure to enjoy normal course services due to Party B's own network issues.
2.6 Party B shall bear full responsibility for the security of its MAXs Education account and password. Party A shall not be liable for any losses caused by the disclosure of Party B's account or password.
2.7 The course services purchased by Party B may only be viewed by the purchaser personally and shall not be used for commercial, profit-making, or other purposes. Party B shall not record the course content in audio or video form, nor copy, sell, lease, or license the online course content to any third party.
2.8 The courses purchased by Party B are associated with the account registered by Party B on Party A's official website. The courses purchased by Party B are for personal use only.
2.9 Before viewing the courses, Party B is required to provide authentic personal identification information and complete real-name verification through Party A's platform.
2.10 After enrolling in the courses, Party B shall comply with classroom rules. In the event of serious violations, Party A shall have the right to impose penalties including muting in social groups and suspension of courses.
2.11 Party B shall comply with applicable national laws and regulations.
Article 3: Agreement Amount and Payment Method
3.1 Party A shall have the right to collect the corresponding course fees from Party B in the manner stipulated in this Agreement.
3.2 Party B may negotiate installment payment arrangements with Party A's staff. The specific installment method, number of installments, schedule, and amounts shall be subject to the negotiated results between both parties.
3.3 Party A shall only issue invoices to Party B for course fees.
Article 4: Protection of Personal Information
4.1 Party A shall not sell or lend Party B's personal information to any person without Party B's prior permission.
4.2 Party A may disclose part or all of Party B's information only where required by law, necessitated by Party B's unlawful conduct, or necessary for performing this Agreement.
4.3 Party A shall properly safeguard its MAXs Education account and password information.
4.4 Party B acknowledges and agrees to Party A's information protection policy.
Article 5: Course Information and Refund/Exchange Policy
5.1 Party B's payment for and purchase of courses shall be deemed as understanding and acceptance of all terms of this Agreement. Courses and deposits, once purchased, are non-refundable and non-exchangeable.
5.2 Course Exchange:
5.2.1 After purchasing a course, the User may not exchange it for a different course.
5.2.2 If the User wishes to exchange an already-purchased course for the next session of the same course, the User shall make up the price difference. The User shall have one (1) exchange opportunity.
5.2.3 The fee for the completed portion shall be calculated on a monthly basis; any period of less than one month shall be counted as a full month.
5.2.4 If MAXs Education has not confirmed whether a next session will be offered, the course shall not be eligible for exchange.
5.2.5 If the purchased course has progressed to 20% or more, no exchange shall be accepted.
5.2.6 MAXs Education reserves the right to determine the course content, instructors, commencement date, pricing, and other factors for each session.
5.2.7 The right of final interpretation regarding course exchanges shall belong to MAXs Education.
5.3 The course duration shall be the period indicated on the course page.
Article 6: Intellectual Property Rights
6.1 The copyrights of all content in Party A's course products (including but not limited to text, audio, images, and video) shall be owned by Party A.
6.2 Any works, designs, and other outcomes produced by Party B during the course of Party A's provision of course services shall be jointly owned by both parties.
6.3 Party B shall not disseminate or engage in activities on MAXs Education that infringe upon the intellectual property rights of any third party.
6.4 All works and exercises produced by Party B during participation in Party A's courses shall be jointly owned by both parties. If Party B uses Classroom Works for commercial purposes without authorization, Party B shall pay liquidated damages in the amount of three (3) times the actual course fees paid.
Article 7: Liability for Breach of Contract
7.1 If either party is in breach, such party shall bear the liability for breach and compensate the other party for losses.
7.2 Party A's maximum aggregate liability shall be limited to refunding the total course fees paid by Party B.
7.3 If Party B is in breach, Party A shall have the right to terminate services without refund.
Article 8: Force Majeure
8.1 “Force Majeure” refers to events beyond the control of both parties that are unforeseeable, unavoidable, or insurmountable. Such events include but are not limited to earthquakes, typhoons, floods, fires, wars, strikes, riots, network interruptions, government actions, or changes in laws.
8.1.1 If either party fails to perform due to force majeure, such party shall be exempted from liability.
8.1.2 The affected party shall notify the other party within ten (10) business days if possible.
Article 9: Effectiveness and Termination
9.1 This Agreement shall become effective upon Party B's payment of the course fees and shall expire upon completion of the course services.
Article 10: Miscellaneous
10.1 This Agreement shall be governed by the laws of the People's Republic of China.
10.2 Rights and obligations under this Agreement shall not be assigned without written consent, except for Party A's affiliated companies.
10.3 Disputes shall be resolved through amicable negotiation; failing which, submitted to arbitration.
The right of final interpretation of this Agreement shall belong to MAXs Education.