Terms of Use

These Terms of Use were last updated on October 29th, 2017.

1. Execution of the Terms of Use

1.1 Beijing Zhongwentianxia Educational Consultant Co., Ltd. (“we”, “us” or “our”) has established these Terms of Use and some other policies (collectively, the “Policies”) to govern the use of all of the software, websites, apps, materials, emails, technology, contents, and other services (collectively, the “Services”). Any person who accesses or uses Services (the “Client”, “you”, or “your”) agrees, without limitation or qualification, to be bound by, and to comply with these Policies.
1.2 1.2 We reserve the right to change or amend some parts of the Policies at any time without notice to you or any third party. All changes are effective immediately after being announced on www.qiaoqiaochinese.com or our iOS App named Qiao Qiao Chinese (collectively, the “Websites”), and will supersede the previous Polices. You are bound by any updates or revisions made to the Policies, therefore, it’s your responsibility to periodically review the Policies and be kept apprised of any changes. You will be deemed to have accepted the updated Policies, unless you send a written notice to service@qiaoqiaochinese.com (the “Service Email”) within two calendar days of the announcement.

2. Course Services

2.1 We connect you with independent contractor tutors (the “Tutor”) who will provide live 1-on-1 language tutoring services over the internet. This 1-on-1 online course (the “Course”) usually takes 25 minutes, and can be booked online. Any new Client needs to register a separate account on our Websites, and take a trial Course first. After that, we will determine your language background and propose a starting level.
2.2 If you can not attend a Course on the scheduled time, you may cancel or reschedule such Course at least 24 hours in advance, before the original scheduled time. If you fail to do so, we will deduct one Course from the remaining Courses in your account.
2.3 If you are late for a Course and attend in the middle of the scheduled time period, we will still end the Course at the scheduled ending time. You can not request the Course be postponed or prolonged. We will also deduct one Course from the remaining Courses in your account.
2.4 If we can not complete a Course due to our reasons, you can reschedule it one more time. These reasons include (i) the Tutor is late for over 5 minutes; (ii) the Tutor cancels the Course or stops teaching prior to the scheduled ending time for any reason; (iii) Our Websites break down. Other than the right to reschedule the same Course at a different time, you agree that neither we nor the Tutor is liable for anything else.
2.5 Once you start a Course, the system will automatically start recording the whole Course, for the purpose of teaching quality control and your own safety. You, or anyone under the age of 13 that uses the Services under your supervision and guidance, are fully aware of and agree with this fact.
2.6 You understand and agree that the Tutor you choose may terminate their relationship with us and become inactive at any time. We do not guarantee any Tutor’s availability to you and shall not be held liable for any issue relating to any specific Tutor’s availability.

3. Accounts and Payments

3.1 You, either as a student yourself or as a legal guardian of a student under the age of 18, should register one account on our Websites for only one student. You can not share your account with anyone, or transfer your account to anyone, unless you get a written approval from us. You are responsible for maintaining the secrecy of your account, and you are fully responsible for all uses and conducts of your account even there is any unauthorized use of your account.
3.2 When you pay for some of our Services, you automatically declare that you (i) fully understand and totally accept all the latest Policies of our Services; (ii) accept our proposed starting level and teaching methods; (iii) are authorized to provide us all the payment information; and (iv) authorize Qiao Qiao Education Technology Group to charge you for the Services you choose on the Websites.
3.3 The price you pay us does not include VAT, or any other tax or administrative fees. You agree to be responsible for paying such tax or fees, and authorize us to add them in your charges when necessary, even after your payment or use of the Services. Besides, you are fully responsible for any phone, internet, or other communication service charge.
3.4 We may change the price of our Services at any time, without notice and without liability to you. We do not offer any price protection or refund in the event of any price change.
3.5 Any Course will remain valid in your account for a period of two years, from the date when you purchase or earn it. If you purchase new Courses, all Courses in your account will be automatically extended to the valid term of newly purchased Course.
3.6 You are entitled to a refund of any paid, unused, and valid Course remaining in your account. To get the refund, you must send a formal request to the Service Email. You will also be responsible for any bank or credit card transaction fees, administrative fees in connection with the refund, which will be deducted from the payment to you. The refund payment will be arranged within one week from our approval date of the refund request. The time period of the refund transfer may vary depending on different manners of transfer, or different banks or financial agencies. We can not guarantee the time of successful transfer of the refund.
3.7 Any gift or reward Course given to you at the time of purchasing some certain packages of multiple Courses, or earned at our events or promotions, can be used only after you use up all the paid Courses. All gift or reward Courses will be canceled automatically when you request a refund.

4. Rights and Responsibilities

4.1 You are fully responsible for and shall indemnify us from any loss or damage if any of the following happens, and we can take necessary actions without notice and without liability to you.
• You provide us any inaccurate, incomplete, out-of-date, misleading or ambiguous information, including but not limited to your name, date of birth, language background, and contact information.
• We, or the Tutor, feel offended or insulted by any direct or indirect misconduct of your behavior during the Course, or any verbal or written communication on Websites or in emails
• You post or upload any unauthorized advertising, promotional materials, junk mails or any other form of solicitation
• You distribute any false or misleading statement that could affect the personal or professional reputation of us, our employees, or the Tutor
• You disclose, lend, transfer or assign your account to anyone else
• You provide or disclose to any third party any confidential or proprietary information, including but not limited to the following: (1) all Course handouts, homework, preview or review materials; (2) Course videos, teaching methods, or study plans; (3) any word, document, picture, or video under your account on our Websites; (4) communications with us or the Tutor; (5) all information of our employees or the Tutors; (6) and anything you get from our Services
• You fail to comply with the Policies
• You fail to comply with all applicable laws and regulations

4.2 We represent, warrant, and covenant the following:
• We reserve the right to terminate Services to you at any time, at our sole discretion, if we believe there is any risk concerned with accepting you as a new client, or providing Services to you. You hereof agree that our maximum liability to you is limited to 100% of any amount you have paid and unused in your account.
• We shall provide you with reasonable technical support services during regular business hours in China’s time zone. You agree to prepare and pay for all hardware and software equipment needed for using our Services.
• We shall strictly protect your privacy in accordance with the applicable laws and regulations. We will not disclose your personal information to any third party in return for any benefit or reward. You agree that we can utilize the information, including but not limited to your personal information, recorded videos of the Courses you take, for the purpose of teaching the Course in connection with the Services, or for our internal usage. Upon your written request to the Service Email, we can delete all your personal information and close your account.

5. Disclaimer of Warranty, Limited Liability, and Indemnity

5.1 The Services are provided “as is” and without warranties of any kind, either express or implied. You agree that the use of our Services, including but not limited to any Services provided on any third party platform, any data you view or download from our Websites, or any information you get from our Services, is entirely at your own risk. We shall not be liable for any damage to your computer, equipment or other property on account of your access to, use of, or browsing the Services.
5.2 We and our affiliates, licensors, suppliers, advertisers, sponsors, and agents do not warrant that your use of the Services will be uninterrupted, error-free, defects-corrected, secure, fast, smooth, free of viruses or other harmful components; and we make no warranty or representation regarding the results that may be obtained from the use of the Service.
5.3 We shall not be liable for any direct, indirect, incidental, special, or consequential damages of any kind resulting related to, in connection with, or resulting from any use of the Services.
5.4 We shall not be liable for any damage, liability or loss arising out of your use of or reliance on the Services or your inability to access or use the Services even if we have been advised of the possibility of such damages.
5.5 We shall not be liable for any dissatisfaction or failure in performance resulting from causes beyond our reasonable control.
5.6 Other than for types of liability that can not be limited by law, you agree that our liability to you is limited to 100% of any amount you have paid and unused under your account with us.
5.7 You will defend, indemnify and hold harmless we and our affiliates, suppliers, directors, and employees against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs, and other expenses arising from or relating to your use of the Services, any breach by you of the Policies, or your violation of any laws or regulations.
5.8 We are not liable for any interactions involved between any Tutor and you. You agree that we are not responsible for any dispute, claim, loss or damage that arises related to the conduct of a Tutor.

6. Miscellaneous

6.1 6.1 The formation, performance, interpretation and dispute resolution of the Policies shall be governed by and construed in accordance with the laws and regulations of the People’s Republic of China (excluding the Special Administrative Region and Taiwan Region). You agree that any claim or dispute with us, the Tutor, or any affiliate or arising out of or relating to the Policies, the Services, or your use of any of the foregoing will be brought in an appropriate court located in the People’s Republic of China. You agree to submit to the exclusive jurisdiction and venue of these courts and waive any jurisdictional, venue or inconvenient forum objections to such courts.
6.2 If any provision or part of the Policies is invalid or unenforceable, in whole or in part, for any reasons, such provision or part shall to that extent be deemed not to form part of the Policies. The remaining provisions or parts of the Policies shall remain valid and binding.
6.3 Any party who breaches its representations, warranties, covenants, or obligations under the Policies shall be liable for all the losses and damages incurred by the other party as a consequence of the breach.