服務條款 - Terms

TERMS AND CONDITIONS

Last Update: April 19, 2014

Welcome to GOGO CLASS! These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you and Point Hope Ltd, a Hong Kong business entity (“Point Hope,” “We,” “Us,” or “Our”) that owns and operates www.gogoclass.com (the “Site” or “Service”). Please note that these Terms apply when you visit the Site even if you do not register an account or submit any content. These Terms are in addition to, and not in lieu of, any other agreements between you and Point Hope.

YOUR ACCEPTANCE

By visiting the Site, you hereby accept and agree to be bound by these Terms. You may not visit the Site if you disagree with any provision of these Terms. We update these Terms from time to time when we feel it is appropriate, without prior notice to you. The date of last update is indicated at the top of this page. Please check this page periodically to take notice of any changes we made; as your continued use of the Site following the posting of revised Terms and Conditions constitutes your acceptance of these changes.

DISCLAIMERS

Neutral Platform -Our Site is a neutral online platform, a marketplace for online and offline classes. We are not a party to any arrangements between teachers and students. Our Site has no control over users’ conduct and does not screen any user videos for truth, accuracy or intellectual property rights infringement issues. When teachers use our assistance in filming the videos, we work at the direction of the teachers who themselves remain solely responsible for the content of the videos. We do not endorse any content that appears on our Site. WE DISCLAIM ALL LIABILITY ARISING OUT OF THE USER CONTENT AND ACTIONS. We are not responsible for anything happening to a student when they are attending a class.

No Warranties - Our Site is provided “AS IS,” with no warranties of any kind. You hereby agree that the use of our Site is at your own risk, and that under no circumstances shall we be liable for any losses, damages or injuries of any kind incurred as a result of the use of or reliance on any content made available through our Site. We do not warrant that our Site will be error-free, uninterrupted or able to withstand hacker attacks and viruses. We are not liable for loss or damage to member content nor do we warrant that we may have a backup of any content submitted by you. You should maintain your own backup copies of any content that is important to you. You acknowledge that we shall have the right (but no obligation), at our sole reasonable discretion, to refuse, modify, delete or move any content, for any reason.

Fees – We reserve the right to change our fee structure at any time without prior notice to you. Any such change will not affect services that had already been paid for prior to such change.

INTELLECTUAL PROPERTY

Site Content - Contents, features, information, registered and unregistered trademarks of our Site are the exclusive property of Point Hope and our content suppliers. Site content is protected by Hong Kong and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. You may not republish Site content, delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available through the Site. You may not share in any way or upload others’ videos onto your own social networking accounts without the copyright holder’s permission.

License to User Data - By submitting any content on or through our Site (e.g. uploading videos, reviews, contacting other users), you warrant to us that you have legal right, whether by ownership, license, or otherwise, to transmit, display and authorize us to use that content as contemplated by these Terms. You grant us a worldwide, royalty-free, non-exclusive, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform your data for purposes of promoting the Site in any media formats. Without limiting the foregoing, we may share your videos on our social networking and other accounts such as Facebook, Weibo, Twitter, Instagram, YouTube etc. You are solely responsible for ensuring that you do not infringe the rights of any third parties in such content and for any legal damages caused by transmission, use or display of any content. Should any member content be found or alleged to be illegal, we will submit all necessary information to relevant authorities.

Your Feedback - We shall own all right, title, and interest, without obligation to you, in the reviews, criticism, feedback and suggestions you provide.

Termination - If your content is reported to us as being in violation of third party rights, offensive or inappropriate, we may ask you to retract or otherwise modify the questionable content immediately. Should you fail to comply with such a request, we have full authority to either restrict your ability to upload/post or immediately terminate your account without further notification to you. Without limiting the foregoing, we have sole discretion to remove any member content that violates our Terms and Conditions or is otherwise objectionable in our sole discretion.

Takedown Procedure - We respect the intellectual property rights of others and expect our users to do the same. We will address the claims of copyright infringement committed using our Site if such claims are reported to our designated Copyright Agent at info@gogoclass.com. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material. In notifying us of alleged copyright infringement, include the following information: (i) description of the infringing material and information sufficient to permit us to locate the alleged material; (ii) contact information for you, including your address, telephone number and/or e-mail address; (iii) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

ELECTRONIC COMMUNICATIONS

You agree that all invoices, notices or other communications regarding your account and/or your use of our Site ("Communications") may be provided to you electronically. You agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. We reserve the right but assume no obligation to provide Communications in paper format. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use the Site.

YOUR RESPONSIBILITIES

By using our Site, you represent, warrant and agree that:

a.We have the final say in all disputes and our decision is binding. You hereby expressly agree that this is reasonable considering the cost of our services. You may not use our service if you do not agree with this provision, or any other provision of these Terms.

b.You accept our Privacy Policy available at www.gogoclass.com/p/privacy

c.You will comply with all applicable laws, including without limitation, intellectual property and privacy laws.

d.You guarantee that you will not use our Site to harass, stalk or otherwise infringe on rights of others.

e.You must keep your login credentials confidential. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time for any or no reason; without notice or explanation.

f.By signing up for our service (either as a teacher or a student), you agree to receive our email newsletter and notices but you may unsubscribe from the newsletter.

PROHIBITED CONDUCT

You must not:

a.Use our Site for any illegal purpose whatsoever.

b.Use our Site or any of its content for the purposes of developing any competing service, website, app or software.

c.Share or upload others’ videos onto your own social networking accounts without the copyright holder’s permission.

d.Submit any libelous, defamatory, hateful or otherwise objectionable content. By submitting anything to us, you guarantee that you have full legal right to do so without violating any privacy, intellectual property or other rights of others.

e.Provide false information registration.

f.Attempt to gain unauthorized access to any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

g.Alter, reverse engineer or modify any part of the Site.

h.Send any unsolicited mass communication, advertising or promotional material without our prior written consent.

i.Use any device, software or routine that interferes with the proper working of the Site or Site or anybody’s use and enjoyment of it.

j.Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

ADDITIONAL TERMS FOR STUDENTS

a.You acknowledge that any class listed on our Site is offered to you by a teacher, not by us. Therefore, we are not responsible for any class content, changes or cancellations. We are not responsible for anything happening to a student when they are attending a class.

b.You agree to not disrupt any classes and to abide by all reasonable rules set by a teacher.

ADDITIONAL TERMS FOR TEACHERS

a.You agree that you, and not our Site, are solely responsible for the content of the classes you offer.

b.You will honor the price and all other material terms on which the classes are offered.

c.You will not use any student’s personal information for any reason other than those explicitly communicated to students prior to the receipt of their personal information by you.

d.You will not subject any student or potential student to any form of illegal discrimination or harassment.

e.You will conduct yourself in a professional manner at all times.

  • f.You will be solely responsible for communicating directly with enrolled students, including, without limitation, regarding issues such as rescheduling or refund. Refunds shall be issued by you directly. Site fee is non-refundable.
  • g.Youare responsible for all income, sales and other taxes associated with fees earned from your classes. We are obligated to file an IR56M to the HKIRD for Teacher who is an individual, a partnership, or a sole proprietor with a total annual revenue share of HK$25,000 or more (subject to change with the HKIRD policy). We reserve the right to withhold any payment until it has received all tax identification information it reasonably requires.

STUDENT REFERRAL PROGRAM

You may participate in our “Student Referral Program” by referring potential students to the Service. Under the Student Referral Program, you will receive an award (a “Student Referral Award”) of 20 GOGO Points for each Qualified Student Referral (as hereinafter defined).

In order to receive a Student Referral Award, each of the following requirements must be met: (i) you must log in to your GOGO CLASS account on the Service and select the “Invite Friends” link; (ii) you must share the link provided with friends via Facebook, Weibo or similar services, by copying and pasting the Unique Referral Link generated via the Service, by sending the Unique Referral Link in an email via the Services to your friends, or by using the other tools provided by GOGO CLASS to share the Unique Referral Link with friends; and (iii) a friend who clicks the Unique Referral Link must create a GOGO CLASS account within 3 months and enroll in online classes with a total value of purchases of at least HK$150 that is not refunded.

We reserve the right to suspend your account and remove referrals should we notice any activity we determine as abuse of the referral program.

REFERRAL AWARDS GENERALLY

Satisfaction of a Qualified Referral (as hereinafter defined) and the Referral Award (as hereinafter defined) you receive will be reflected in your GOGO CLASS account in a commercially reasonable amount of time after the Qualified Referral has been completed. The Referral Awards you accrue will be displayed in your GOGO CLASS account profile page. Referral Awards can be accrued solely by you and you may not earn Referral Awards by permitting another individual to use your GOGO CLASS account. Referral Awards accrued in multiple GOGO CLASS accounts may not be combined into one GOGO CLASS account. You may not earn Referral Awards by creating multiple GOGO CLASS accounts.

For purposes hereof, a “Qualified Referral” means a Qualified Student Referral, and a “Referral Award” means a Student Referral Award.

We reserve the right to suspend your account and remove referrals should we notice any activity we determine as abuse of the referral program.

GOGO POINTS

“GOGO Points” are points that may be applied as credits of HK$1.00 each toward purchase of products or future fees for online classes booked through the Service (GOGO Points cannot be used for local classes). GOGO Points may only be redeemed for the purchase of products or tickets to online classes on the Services (GOGO Points cannot be used for local classes). You may only redeem GOGO Points after the GOGO Points are reflected in your GOGO Points account. The scope, variety, and type of services and products that you may obtain by redeeming GOGO Points can change at any time.

There are two ways of acquiring GOGO Points: by earning them from our referral program and by purchasing them for your prepaid account. In the ordinary course of business, GOGO Points earned from the referral program and purchased for your prepaid account will not expire, as long as we continue providing the Service. However, in case we decide to discontinue our Service, you will have up to 60 days from the date we send you the notice of Service discontinuation to use up all of your purchased and earned GOGO Points. All GOGO Points (purchased and earned) will expire after 60 days from the date we send out the notice of Service discontinuation. GOGO Points (whether valid or expired) cannot be transferred, redeemed for cash or credit, replaced, exchanged or refunded. If for some reason you believe that there is a discrepancy regarding your balance of GOGO Points, please contact customer service. GOGO CLASS may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at GOGO CLASS’s sole discretion.

By acquiring GOGO Points, you agree and acknowledge that GOGO CLASS is granting you a limited, revocable license to a digital item, and that GOGO Points are not your personal property. You may not obtain any cash or money in exchange for GOGO Points. Except as explicitly provided herein, GOGO Points are non-transferable. Members are responsible for keeping track of the GOGO Points in their GOGO CLASS accounts.

Without limiting any other terms hereof and subject to applicable law, all GOGO Points are forfeited if your GOGO CLASS Account is terminated or suspended for any reason, in GOGO CLASS’s sole discretion, or if GOGO CLASS discontinues providing the Service or the Referral Program.

INDEMNIFICATION

You agree to indemnify and hold Point Hope (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages arising out of or related to your use of our Site, submissions, a breach of these Terms, or your violation of any law or the rights of a third party.

REMEDIES FOR BREACH

We have the right to take any action that we deem necessary or appropriate if we believe that any user violates these Terms and Conditions, infringes any intellectual property right or other right, threatens the personal safety of users of the Site or any third party. Remedies listed in these Terms and Conditions are not exclusive, and we reserve the right to seek all other remedies available by law and in equity. We may:

a.Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms and Conditions.

b.Block violator’s IP address and/or notify his or her Internet Site Provider.

c.Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

d.Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

LINKS

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

DISCLAIMER OF WARRANTY

YOUR USE OF THE SITE, CLASSES AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT OUR SITE OR MATERIALS CONTAINED ON IT WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. WE DO NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER 6 MONTHS FROM THE UNDERLYING CAUSE OF ACTION. IN NO EVENT WILL OUR LIABILITY EXCEED 100 HONG KONG DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, VIOLATION OF YOUR OWN COPYRIGHT BY OTHER USERS AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR ADVISED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NO REFUNDS

You acknowledge that you will receive no refunds.

DISPUTES BETWEEN USERS

As a neutral venue, we do not ourselves provide any forms of dispute resolution and do not verify the truth or accuracy of any content. We will remove or modify content if ordered to do so by a court order. We reserve the right, but have no obligation, to remove or edit any content we consider inappropriate for any reason.

GENERAL

Independent Contractors - The Site and you are independent contracting parties and there is no relationship of agency, partnership, joint venture or any similar association formed by your use of the Site.

Severability - Should any part of these Terms and Conditions be rendered or declared invalid by a competent authority, such invalidation of such part or portion of these Terms should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

Waiver - Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce these Terms in some instances does not constitute a waiver of our right to enforce them in other instances.

Captions and Headings - The captions and headings of these Terms are for convenience of reference only and have no legally binding effect.

Governing Law and Jurisdiction -The Site is operated by Point Hope out of its offices in Hong Kong. These Terms and Conditions will be governed by, and construed in accordance with the laws of Hong Kong, without regard to its conflict of law principles, which would result in the application of laws of any other jurisdiction. Any litigation, dispute or claim arising from or related to the use of the Site shall be subject to the jurisdiction of the Hong Kong courts, and you hereby accept to submit to the exclusive jurisdiction of those courts.

Assignment - We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.

No Third Party Benefit -Nothing in these Terms shall confer or purport to confer upon any third party, any benefit, any right to claim damages or any right to enforce any term of these Terms and Conditions.

Contact Us - Please submit all comments, requests and questions relating to the Site to info@gogoclass.com