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Terms & Conditions
This Agreement is between New Concept Mandarin Ltd. ("New Concept Mandarin") and User ("User", "Users'" or the "User"), as an authorized user of the services provided by New Concept Mandarin, and governs the terms and conditions of Users' use of any services offered by New Concept Mandarin and access to the Site. New Concept Mandarin, through its website www.newconceptmandarin.com (the "Site"), provides e-learning tools through certain software available on the Site to those persons ("Users") who access the Site and utilize its Services or download its software products (collectively the "New Concept Mandarin Courses and Services"). By accessing the Site and using any of the New Concept Mandarin Software an Services, User confirm Users' acceptance of, and agree to be bound by, (i) all of the conditions of use set forth in this Agreement, (ii) any of the rules, policies and terms and conditions of use published on the Site that apply to each of the individual Software downloads and services provided or offered by New Concept Mandarin, and (iii) license agreements for the Software and (iv) the Privacy Policy. This Agreement, together with any end license agreements, Privacy Policy, any operating rules, policies, pricing schedules, conditions of use or other documents on the Site or expressly incorporated herein by reference, constitute the entire agreement between New Concept Mandarin and the User, and supersede all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, Users' use of any software that may any time be provided by New Concept Mandarin relating to any of the New Concept Mandarin Courses and Services shall be pursuant to a separate license agreement governing the use of such software.
1. Account Information
If a particular product or service offered on the Site requires User to open an account, Users must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Users may be asked to choose a password and a user name, and Users are entirely responsible for maintaining the confidentiality of their password and account. Furthermore, Users are entirely responsible for any and all activities that occur under Users' account. Users agree to notify New Concept Mandarin immediately of any unauthorized use of Users' account or any other breach of security. New Concept Mandarin will not be liable for any loss that Users may incur as a result of someone else using their password or account, either with or without their knowledge. However, Users could be held liable for losses incurred by New Concept Mandarin or another party due to someone else using their account or password. Users may not use anyone else's account at any time, without the permission of the account holder.
2. Billing
(a) All transactions initiated within www.newconceptmandarin.com will be settled using US Dollar (USD). Exchange rates used in currency converter are used for reference only. For the exact rate, please refer to the Bank exchange rate on the date of the transaction.
(b) New Concept Mandarin may terminate or suspend Users' use of the New Concept Mandarin Courses and Services, as applicable, without notice in the event of any failure to pay any fees or charges, upon rejection by Users' credit card issuer of any charges or in the event the card issuer or its agents seeks reimbursement for payments previously made to New Concept Mandarin and as to which New Concept Mandarin believes such payments were proper.
(c) User must promptly notify New Concept Mandarin in the event of any changes to Users' account or billing information or in the event Users' charge card is canceled for any reason.
(d) Upon expiration of any subscription for any of the New Concept Mandarin Courses and Services, New Concept Mandarin shall automatically terminate Users' subscription.
(e) All transactions initiated within www.newconceptmandarin.com are executed on the platform provided by our payment gateway provider, www.paydollar.com. The website www.newconceptmandarin.com will not keep any user payment information, including credit card number.
PLEASE BE ADVISED
Users expressly agree that all charges are final and non-refundable. Users are responsible for all charges resulting from Users' use of the New Concept Mandarin Courses and Services. Once Users sign up for the New Concept Mandarin Courses and Services, as applicable, New Concept Mandarin will not provide User a refund for any charge made on Users' credit card or any payments. If Users believe that they have been improperly charged, Users must notify New Concept Mandarin within five (5) days of any invoice or credit card statement, provide New Concept Mandarin any information necessary to review the claim, and New Concept Mandarin will attempt to resolve the claim in a timely manner.
NEW CONCEPT MANDARIN DOES NOT CONDONE FRAUD: In the event of any unauthorized use of Users' account or unauthorized credit card charges, User must notify New Concept Mandarin, and User will be responsible for such unauthorized use or charges until User notify New Concept Mandarin. User must also adopt any steps necessary to prevent its further unauthorized use of Users' account or unauthorized charges.
(f) New Concept Mandarin shall have the right to terminate Users' usage of the New Concept Mandarin Courses and Services immediately, and User shall have no right to a refund of any service fees or charges, in the event User in any manner violate these Terms and Conditions, any applicable License Agreement, the Privacy Policy or any other applicable policy, rule or conditions of use. While User may choose to terminate Users' account voluntarily at any time, User will not have a right to any refund.
3. No Commercial Use
No User may reproduce, or otherwise utilize, for commercial purposes the information provided by New Concept Mandarin through the Site or the New Concept Mandarin Courses and Services without the written permission of New Concept Mandarin. Consequently, without such written permission, no User may resell or commercially exploit the data obtained by use of any of the New Concept Mandarin Courses and Services. Users' right to use the New Concept Mandarin Courses and Services is personal to Users, and Users hereby agree not to resell the use of the New Concept Mandarin Courses and Services.
Except as expressly agreed in writing between User and New Concept Mandarin, no material from the Site may be copied, duplicated, modified, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that User may use our Site for Users' personal, noncommercial use only, provided Users keep intact all copyright and other proprietary notices. Users may not, under any circumstances, use any Content on the Site for any resale or commercial use; any advertising or solicitation of funds or goods or services; any derivative use; any downloading or copying of account information; any reverse-engineering of software; or any use of data mining, robots, or similar data gathering and extraction tools. Modification of the Content or use of the Content for any other purpose is a violation of New Concept Mandarin's copyright and other proprietary rights.
4. Intellectual Property
New Concept Mandarin has copyrighted the contents of the Site, as a compilation copyright and that reproductions, redistribution or publication of such content is prohibited without the express written consent of New Concept Mandarin. The New Concept Mandarin Courses and Services are the copyrighted works of New Concept Mandarin and otherwise protected by the intellectual property laws of the United States and various countries worldwide. Copyright c New Concept Mandarin 2004. Patents Pending. All rights reserved, New Concept Mandarin Ltd. The names and logos of New Concept Mandarin product and services are trademarks. Further, the Site and the New Concept Mandarin Courses and Services may include or contain material of New Concept Mandarin, partners or third parties protected by copyright, trademark or other laws and that the use or reproduction thereof without express consent shall be prosecuted to the fullest extent of the law.
5. Copyright
New Concept Mandarin has copyrighted the contents of the Site, as a compilation copyright and that reproductions, redistribution or publication of such content is prohibited without the express written consent of New Concept Mandarin. The New Concept Mandarin Courses and Services are the copyrighted works of New Concept Mandarin and otherwise protected by the intellectual property laws of the United States and various countries worldwide. Copyright c New Concept Mandarin 2004. Patents Pending. All rights reserved, New Concept Mandarin Ltd. The names and logos of New Concept Mandarin product and services are trademarks. Further, the Site and the New Concept Mandarin Courses and Services may include or contain material of New Concept Mandarin, partners or third parties protected by copyright, trademark or other laws and that the use or reproduction thereof without express consent shall be prosecuted to the fullest extent of the law.
6. Deny Access
New Concept Mandarin reserves the right in its sole discretion to deny access to the Site or any or all of the New Concept Mandarin Courses and Services to any User for any reason whatsoever.
7. Use of Information
By providing information to New Concept Mandarin, each User hereby grants permission for New Concept Mandarin to use such information in accordance with and subject to the New Concept Mandarin Privacy Policy unless a restriction on such use is transmitted by the User to New Concept Mandarin by email prior to such use (in which event New Concept Mandarin may deny Users' use of any of the New Concept Mandarin Courses and Services).
8. Indemnification
Each User hereby indemnifies New Concept Mandarin, its subsidiaries, affiliates, employees, counsel, agents, and representatives and each of its licensors and service providers against any and all liabilities, expenses (including attorney's fees) and damages relating to New Concept Mandarin's use of information provided by such User. Users further agree to indemnify New Concept Mandarin and each of its partners, licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon Users' use of any of the New Concept Mandarin Courses and Services, including any violation of this Agreement or any other New Concept Mandarin policy, rule or conditions of use posted on the Site or relating to any New Concept Mandarin Software and Service, by Users or any other person using Users' account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties.
9. Content
New Concept Mandarin undertakes no responsibility to review the contents of any information provided to Users, including but not limited to information accessed through links to other sites and by using the New Concept Mandarin Courses and Services and User agrees that New Concept Mandarin shall have no liability for such contents.
10. Compliance with Laws
Use of the New Concept Mandarin Courses and Services and access to the Site are subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). Each User agrees:
- To comply with all laws regarding the transmission of technical data exported from any country through the New Concept Mandarin Courses and Services;
- Not to use the New Concept Mandarin Software and New Concept Mandarin Services for illegal purposes;
- Not to interfere or disrupt networks connected to the New Concept Mandarin Courses and Services;
- To comply with all regulations, policies and procedures of networks connected to the New Concept Mandarin Courses and Services;
- Not to use the New Concept Mandarin Software and New Concept Mandarin Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and
- Not to transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
- Each User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
New Concept Mandarin reserves the right to terminate the account of any person who violates these policies or any of the rules and policies set forth in this Agreement, the Privacy Policy or the License Agreements.
11. Additional Copyright Notice
New Concept Mandarin Ltd. owns, protects and enforces copyright in its own and partners' creative materials and respects the intellectual property of others. This site contains materials of third parties and links to third party sites, portals and directories. As a result, materials of third parties, not owned or controlled by New Concept Mandarin are included in or linked to the site or are stored or transmitted by or over the site. To the best of New Concept Mandarin's knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement, New Concept Mandarin will respond expeditiously to resolve the claim between the notifying party and the alleged infringer who provided the materials in issue, including, where applicable, removing or disabling access to materials claimed to be infringing or by removing or disabling access to links to such material. It is the policy of New Concept Mandarin to terminate its relationships with third parties who repeatedly infringe the copyrights of others where such parties are known to New Concept Mandarin to be repeat infringers in connection with their use of New Concept Mandarin's site, links, or storage and communication systems and networks.
12. Modification of Agreement
This Agreement (and any agreement, rule, or policy relating to the New Concept Mandarin Courses and Services) may be modified by New Concept Mandarin at any time by publication through the Site or by sending each User an email to the User's email address last provided to New Concept Mandarin. USERS ARE RESPONSIBLE FOR REGULARLY REVIEWING THE NEW CONCEPT MANDARIN WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH MODIFICATIONS. USER SHALL BE DEEMED TO HAVE ACCEPTED SUCH MODIFICATIONS BY CONTINUING TO USE THE SITE AND ANY OF THE NEW CONCEPT MANDARIN COURSES AND SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH MODIFICATIONS HAS BEEN SENT TO USER.
13. Modification of Services
New Concept Mandarin reserves the right to modify or discontinue any of the Courses and Services with or without notice. New Concept Mandarin shall not be liable to User or any third party should New Concept Mandarin exercise its right to modify or discontinue any of the New Concept Mandarin Courses and Services.
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