Terms & Conditions
These terms and conditions (collectively, the "Terms" or the "Agreement") govern your use of all services (the "Services") and websites (the "Sites") offered and operated by Weisisheng Corporate Management Consulting (Shanghai) Ltd. (hereafter, "Us," "We," "Our", or the "Company").
INCORPORATION BY REFERENCE
Although this Agreement represents the primary terms and conditions of service for Our Services and Sites, additional guidelines and rules are hereby incorporated by reference. The documents, which may be found at https://courses.weisisheng.cn, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:
REGISTRATION AND TERMINATION
You must be of legal age to form a binding contract between Yourself and Us and not precluded or barred from receiving the Services under the laws of Your country of residence in order to register for and use the Service.
All subscriptions to Our Services are subject to formal acceptance by us. Your subscription to the Services will be deemed accepted by us when we deliver confirmation of the subscription to you. We reserve the right to refuse to provide you with any service for any reason.
The sale of the course material shall be considered final and non-reversible by either buyer or seller after receipt of lawful funds. In other words, no refunds are given.
Additionally, we reserve the right to terminate this Agreement effective immediately in the event that we find, based on our sole judgment, that you or any of your end-users have
Parts of the service may require you to create a personalized account which includes a unique username and a password to access the Service and to receive messages from the company (or third-party provider). You must provide accurate and complete registration information any time you register to use any of the Services. You agree to notify us immediately of any unauthorized use of Your password and/or account. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LIABILITIES, LOSSES, OR DAMAGES ARISING OUT OF THE UNAUTHORIZED USE OF YOUR MEMBER NAME, PASSWORD AND/OR ACCOUNT.
RELATIONSHIP OF THE PARTIES
We remain open to conducting similar tasks or activities for clients other than you and hold ourselves out to the public to be a separate business entity.
Our relationship to you shall be that of an independent, stand-alone provider. Nothing in this Agreement shall be construed to create any partnership, joint venture, employer-employee or agency relationship between us and you.
You may neither share nor re-sell your access to the products and services to any third parties.
Unless you have been specifically permitted to do so in a separate agreement with ss, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell any products or services we provide for any purpose.
Any license to use any third party applications is granted directly from the original provider of the third party application(s) directly to you. You agree to abide by all the terms and conditions of any such license. You will be solely responsible for paying for and obtaining the rights to any third party applications You install and/or operate through and/or in connection with the Services, and for compliance with the applicable terms and conditions of each third party application license.
BILLING AND PAYMENT
Payment for Services is due in advance of the time period for which such payment covers. You agree to pay any and all taxes, including personal property, value added, or sales taxes, resulting from your use of the Services.
Invoices shall, in general, no discounts applied for early payment. We are not responsible for any bank fees incurred by you due to your use of check cards, automatic payment services, insufficient funds, and any and all other fees your financial institution may impose due to your use of the services.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Services and Sites, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that You or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Services and Sites, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to clients. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or Services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Service or any Third Party Applications, Software or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If You decide to leave the Service and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which You navigate from the Site or relating to any applications You use or install from the site.
You acknowledge and agree that We and Our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and Company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to You under this Agreement.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES AND SITES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES AND SITES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOST PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL, WORK STOPPAGE, INTERRUPTION OF SERVICES, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATING TO THIS AGREEMENT, OUR PERFORMANCE HEREUNDER OR DISRUPTION OF ANY OF THE FOREGOING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER SOUNDING IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE. YOU FURTHER UNDERSTAND AND AGREE THAT WHILE EVERY REASONABLE PRECAUTION SHALL BE UNDERTAKEN BY THE COMPANY, WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO DAMAGE AS A RESULT OF (1) ANY CHANGES TO THE SERVICES OR SITES, OR ANY TEMPORARY OR PERMANENT CESSATION IN THE SERVICES OR SITES (OR ANY FEATURES WITHIN THE SERVICES OR SITES), (2) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATION DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES OR SITES, (3) INTERRUPTION OF THE SERVICES OR SITES, MALWARE (INCLUDING VIRUSES AND/OR TROJANS), AND/OR OTHER ERRORS OVER WHICH THE COMPANY HAS NO CONTROL, AND (4) ANY THIRD PARTY SERVICES AND/OR CONTENT OF ANY KIND. WITHOUT PREJUDICE TO THE FOREGOING, SHOULD A COURT OF LAW OR OTHER ADJUDICATION BODY STILL FIND AGAINST THE COMPANY REGARDING ANY MATTER RELATING TO THE SERVICES, OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE COMPENSATION PAID BY YOU TO US UNDER THIS AGREEMENT FOR SIX MONTHS OF THE SERVICE IN QUESTION.
THE COMPANY EMPLOYS INDUSTRY STANDARDS TECHNOLOGY AND BEST PRACTICES TO STORE AND PROTECT YOUR DATA AND LOGIN INFORMATION. IN NO CASE SHALL THE COMPANY BE HELD LIABLE FOR ANY DAMAGES INCURRED AS A RESULT OF SUCH NETWORK OR SOFTWARE RELATED BREACH. IN CASE OF A BREACH, THE COMPANY WILL IMMEDIATELY NOTIFY YOU VIA EMAIL OR PHONE CALL, AS WE DEEM SUFFICIENT, TO TAKE NECESSARY ACTIONS FROM YOUR END.
AGREEMENT TO INDEMNIFY
You agree to indemnify, defend and hold harmless Weisisheng Corporate Management Consulting (Shandhai) Ltd. (and it’s members, employees, agents, and representatives) from any and all claims, actions, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees, costs and expenses) arising (i) in any manner caused by your gross negligence; (ii) out of any claim that materials You provided, or any portion thereof, in fact infringe upon or violate any proprietary rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) from a breach or alleged breach of any of your representations, warranties or agreements herein.
GOVERNING LAW AND DISPUTE RESOLUTION
This agreement shall be governed in all respects by the laws of the Peoples' Republic of China.
In the event of a dispute regarding this Agreement, both parties agree to make every effort to resolve it amicably. If this is not possible, the dispute will be submitted to arbitration and then subject to appropriate legal processes.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
Neither party shall be deemed in breach of this Agreement for any delay, cancellation, or damages caused by any Force Majeure, including fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity, any local, state, federal, national, or international law, governmental order or regulation, cyber or hacking attack, act of war, act of terrorism, civil unrest, vandalism, extreme weather, or any other event beyond the control of the parties.
Any notices to either Party made pursuant to this Agreement shall be made and sent (i) via a nationally recognized carrier to the other Party’s address on file; (ii) or via e-mail to the other Party’s designated representative. Each Party shall have an independent obligation to provide and update, as necessary, the mail and e-mail address on file for such notices. Notices sent by e-mail shall be deemed effective once sent if no error or “bounce back” has been received within twenty-four (24) hours of submission.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use Your email address, to send You other messages, including information about the Company and special offers. You may opt out of such email by changing Your account settings on our mailing list provider (every email footer has unsubscribe links) or sending an email to service[@]weisisheng.cn. Remove the brackets before emailing.
Opting out may prevent you from receiving messages regarding the Company or special offers.