Ⅰ. Terms of Service
The products and services of Elite Education (www.elitemba.cn) are provided by Guangdong Elite International Education & Technology Co., Ltd (hereinafter referred to as "EliteMBA" or "we"). This User Agreement (hereinafter referred to as "Agreement") is applicable to EliteMBA websites, EliteMBA applications and other related products and services on computer/mobile phone/tablet or other devices. EliteMBA has the right to modify the terms hereof at any time. Upon the occurrence of any modification is applied, we would update the Agreement and modify effective date accordingly and the old version of the Agreement will be invalid and the new version will be in effect immediately upon its publishing on the page herein. Users shall regularly review the terms of service and check for upgrades. The action of continual usage of our services is an implied agreement on any updated version of Agreement that is in effect. In addition, when Users use other EliteMBA services (including but not limited to periodical marketing services other than basic services provided the website), the aforementioned user shall adhere to the guidelines and rules published by EliteMBA related to those services. All of the aforementioned guidelines and rules shall be considered as a part of this Agreement.
You should read this User Agreement carefully before using the services provided by EliteMBA. If you do not agree to the User Agreement and/or modify it at any time, please stop using all services provided by EliteMBA immediately; once you use EliteMBA service, you are deemed to have understood and fully agreed to the contents of this agreement, including any changes made by EliteMBA to the User Agreement at any time, and become an EliteMBA User (hereinafter referred to as "User").
Ⅱ. Service Description
EliteMBA currently offers users a range of course services (including but not limited to course videos, test questions, exams, course materials, notes and teaching assistant services). Except as otherwise explicitely expressed in this Agreement, any new features of the Service that are added or enhanced by EliteMBA, including new products introduced, are subject to the terms of this Agreement. The User understands and agrees that the Service is provided only in accordance with the current conditions and that EliteMBA is not responsible for any user information or personalization settings, such as timeliness, deletion, delivery errors, non-storage or any other issues. EliteMBA reserves the right to suspend any part of the Service for any maintenance, upgrade or other purpose without prior notice.
Ⅲ. Abidance by Law
The User agrees to abide by all the provisions of the relevant laws and regulations of the People's Republic of China and assumes full responsibility for any actions and results of the use of the Service by any means and password. If the User behavior violates any provisions of national laws and regulations and may constitute a crime, he will be held criminally liable and the user shall bear full legal responsibility.
At the same time, if EliteMBA has reason to believe that any of the user's actions, including but not limited to any of the user's statements and other acts, violates or may violate any of the provisions of national laws and regulations, EliteMBA may terminate the offer to the User at any time without prior notice service.
Ⅳ. User Registration Obligation
In order to use the service, the User agrees to provide correct registered account (email address and/or mobile phone number) and password according to the service prompt, and ensure the validity and legality of the login account, Avatar and other materials updated in the future. If the User provides any material that is illegal, unethical, or that is deemed unsuitable for display on this website, or that has reason to suspect that the User's data is a program or malicious operation, EliteMBA has the right to suspend or terminate the User's account and refuse the User to use all or any part of the Service now and in the future.
EliteMBA is not responsible for any registration of any User, including but not limited to the identification, verification of the authenticity, correctness, completeness, suitability and/or responsibility of any registration information.
V. User Accounts, Passwords and Security
After completing the registration process for this service and successfully registered, the User can log in to the account of EliteMBA (hereinafter referred to as the "account") using their email address and/or mobile number and password. Users are responsible for protecting the security of their accounts.
The user is solely responsible for all passwords used and the activities of the account. User agrees:
1. Upon the occurrence of noticing any unauthorized account activity or other security issue, User shall contact and notify E-ducation immediately;
2. If the user does not keep his/her own account number and password, and therefore any loss or damage caused by the User, EliteMBA cannot and will not bear any responsibility;
3. User is solely responsible for all the activities and issues that occur in their account. Upon the occurrence of any loss or damage to other Users, Elite or any other third party due to the failure by the User in securing their own Account and password, the aforementioned User shall take full responsible.
VII. Responsibility of the Provider/User
In accordance with relevant laws and regulations, EliteMBA hereby notify all Users solemnly that, the Provider of any content released or sent either publicly or privately via Elite Education platform, including the publishing or uploading of any text, information, data, picture, graphic, video or other data (hereinafter referred to as "Content"), shall take full responsibility for the Content they released or sent. EliteMBA only provides storage space for Users, and cannot control the content transmitted through the server, therefore we shall hold no responsibility for the validity, integrity or quality of the Content. User shall be aware that there might be unpleasant, inappropriate or disturbing Content upon the usage of the service. In any case, EliteMBA shall hold no responsibility for any aforementioned Content, and shall reserve the right to cease the transmission of any of the aforementioned Content and take corresponding actions by law, including but not limited to partially or entirely suspend User from using this service, to keep relevant record and report to authorities concerned.
VIII. User Behavior
The User agrees that the Service will not be used for any illegal or improper activities, including but not limited to the following:
1. Publish or otherwise transmit information that contains one of the following:
- Oppose the basic principles established by the Constitution;
- Endanger national security, disclose state secrets, subvert state power or sabotage state unification;
- Damage to national honours and interests;
- Inciting national hatred, ethnic discrimination, and undermining national unity;
- Destroy the national religious policy and promote cults and feudal superstitions;
- Spread rumors, disrupting social order or endanger social stability;
- Spreading obscenity, eroticism, gambling, violence, murder and terrorism or instigating others to commit crime;
- Insulting or slandering others, infringing on the legal rights of others;
- Content containing false, fraudulent, harmful, coercive, infringing on the privacy of others, harassment, infringement, slander, vulgarity, jealousy, or other morally offensive content;
- Contains other content restricted or prohibited by Chinese laws, regulations, rules, regulations, and any legally binding norm;
- Contains content that is not suitable for display in EliteMBA;
2. Harm the legal rights of others in any way;
3. Pretend to be any other person or institution, or to make a false statement about or lied to any person or institution;
4. Any content that is known but not authorized to be transmitted, sent by e-mail or otherwise in accordance with any law or contract or legal relationship. (e.g., due to employment relationships and internal information, proprietary and confidential information known or disclosed under a confidentiality contract);
5. Publish or otherwise transmit the content of copyrights, patents, trademarks, trade secrets, or other proprietary rights (hereinafter referred to as "exclusive rights") that infringe upon others;
6. Publish, send or otherwise transmit any advertising letter, promotional material, "spam", "spamming", "chain mail", "direct sales" or any other form of persuasive material;
7. Publishing, sending or by any other means transmitting computer viruses (hereinafter referred to as "Viruses"), including but not limited to Trojan horses, worms, time bombs, Cancelbots, or other computer codes, files and programs designed to interfere with, damage or limit the functionality of any computer software, hardware or communication equipment;
8. Interfere with or disrupt the server or network connected to the Service or the Service, or violate any rules, procedures, policies or specifications regarding the Service Connection Network;
9. Tracking, cyber manhunting or harassing others in any other ways;
10. Deliberate or unintentional violate any applicable local and/or national law and any legally binding rules;
11. Intercept, tamper with, collect, store or delete personal information, on-site mail or other data without legal authorization, or use such information for any illegal or improper purpose.
Users are advised to notify the Company of any violation of the Terms of Service and any other announcements in EliteMBA and other content that contradicts EliteMBA's rights and interests.
User understands and agrees that EliteMBA might save or disclose contents in adherence of the requirements of laws and regulations, integrity or the following purposes:
1. Comply with legal procedures;
3. Execute the implementation of this agreement;
3. Respond to any claims made by third parties;
4. Protect the rights, property or personal safety of Elite Education, its users and the public;
5. Other situations that the EliteMBA considers necessary.
IX. Special Warning for International Use
Users are aware of the borderless nature of the Internet and agree to abide by all local laws and regulations regarding online conduct and content. The User specifically agrees to comply with all applicable laws and regulations regarding the transmission of information from China or the country in which the user is located.
X. Public information published on EliteMBA
1. In this User Agreement, "the area in which the service is used publicly" means the area that the general public can use;
2. For the content uploaded or published by the user in EliteMBA, the user shall guarantee that he or she is the copyright owner or has obtained legal authorization, and the content does not infringe the legal rights of any third party, and the user agrees to grant all the aforementioned content to EliteMBA for worldwide free, irrevocable, permanent, sublicensable or transferable license use, under which license will have the right to use the foregoing in a manner that is displayed, promoted and otherwise not prohibited by our laws.
Any third party's claim or request, including a reasonable attorney fee, due to the content provided, posted or transmitted by the User, the User's connection to the Service, the User's breach of the User Agreement, or any infringement of the User's rights, the user agrees to indemnify EliteMBA and its subsidiaries, affiliates, senior employees, agents, brand owners or other partners and employees against damage, and assume all legal liabilities arising therefrom.
XII. About Use
The User agrees not to copy, copy, sell, resell or use it for any other commercial purpose for the use or acquisition of any part of the Service or the Service.
XIII. About Storage
The User agrees that EliteMBA shall be liable for any information, communication materials and other content posted or transmitted through the Service, if it is deleted or not stored.
XIV. Modification of Service
EliteMBA reserves the right to modify or terminate the Service (or any part thereof) temporarily or permanently at any time, with or without notice. The User agrees that the User shall not be liable to the User and any third party for any modification, suspension or termination of the Service.
XV. Termination of Service
User agrees that EliteMBA can, in its sole discretion, terminate the User account or the use of this service (or any part thereof) for any reason (including but not limited to long-term inactive account, or EliteMBA believes that User has violated the letters and spirit of this User Agreement), and remove and delete any content of the User within the service. User agrees that the service provided under any term of this User Agreement can be suspended or terminated without prior notification. User acknowledges and agrees that EliteMBA can immediately close or delete User account and all the related data and files, and/or prohibit continued use of the above files or this service. In addition, User agrees that if the use of this service is suspended or terminated, or the User's account and related data and files are closed or deleted, EliteMBA does not assume any liability to the User or any third party.
XVI. Dealing with Advertisers and Other Third Parties
Users engage in any form of communication or business dealings with advertisers and other third parties through this website, or participate in promotional activities, including payment and delivery of related goods or services, and any other relevant terms, conditions, warranties or representations reached, they are the fully behavior between users and advertisers and other third parties. EliteMBA is not liable for any loss or damage of any nature suffered by the user in connection with any of the foregoing transactions or the aforementioned advertisers and other third parties.
XVII. Exclusive Rights of EliteMBA
The User also understands and agrees that the content of the sponsored advertisements or information presented to the User via the Service or the Advertiser is also protected by copyright, trademark, service mark, patent or other proprietary rights. Users may not modify, rent, lend, sell, distribute any part or all of the Service or the Software, or create derivative works, or use unauthorized software, including but not without the express authorization of EliteMBA or the advertiser. Limited to the purpose of using the Service for unauthorized purposes. EliteMBA only grants the user personal, non-transferable and non-exclusive right to use, so that the User can use the purpose code of the software on a stand-alone computer, but the User may not (and must not allow any third person) to copy, modify, create derivative works, perform restoration work, reverse translation, or otherwise discover the source code, or sell, transfer, sublicense or provide software to set a warranty, or otherwise transfer any rights in the software. The User agrees to use the Service through the interface provided by EliteMBA and not in any other way.
XVIII. Guarantee and Warranty
The User clearly understands and agrees:
1. No provision of this agreement will relieve EliteMBA of any liability for the User's personal injury or damage or property loss resulting from intentional misconduct or gross negligence;
2. The use of the Service is at the User's own risk. The Service is provided on the basis of "status quo" and "existing". EliteMBA does not provide any warranty or guarantee, either express or implied, including but not limited to commercial marketability, applicability for particular purpose and non-infringement upon others' rights, etc.;
3. Any statement or conduct by any third party in the Service;
4. Other matters related to the Service, except as explicitely provided in this Agreement of Use;
5. Elite Education does not accept any responsibility for the posting or delivery of fraudulent information by any third party or for inducing users to suffer financial losses.
ⅩⅨ. EliteMBA Trademarks Information
EliteMBA, Elite Education and other Eliteu registered trademarks, logos and products and service names are trademarks of Eliteu Company (hereinafter referred to as "Elite Trademark"). The User agrees not to display or use or otherwise process the Trademark in any manner without the prior written consent of Elite, or to indicate that the User has the right to display, use or otherwise process the Trademark.
XX. Exclusive User Rights
Elite Education respects the intellectual property rights of others and calls on users to respect intellectual property rights as well.
The services and materials of EliteMBA are provided on an "as is" basis and expressly disclaims any express or implied warranties of "service", "material" or "product", including but not limited to for commercial use or fitness Guarantee for a specific purpose. EliteMBA is not responsible for any direct, indirect, incidental or consequential damages arising out of the Services, the materials or the products.
If the User infringes upon the intellectual property rights of others, EliteMBA will, according to the provisions of the national laws and regulations or under appropriate circumstances, delete specific contents or even terminate the User's account according to Terms of Service or related provisions.
EliteMBA respects any rights (including intellectual property rights) of others and also requires our users to respect the rights of others. In the appropriate circumstances, EliteMBA may, at its discretion, terminate the account of the User who infringes or violates the rights of others.
If the User believes that the copyright of his work has been infringed or the User's intellectual property rights have been violated, according to the Regulations on the Protection of Information Network Communication Rights, Users should contact EliteMBA and provide detailed evidence. Or please go to the National Copyright Administration of the People's Republic of China to download the "Notice of Deleting or Disconnecting the Infringing Web Content" (hereinafter referred to as the "Delete Notice"). If the user does not understand the content of the "Delete Notice", please log in to the National Copyright Administration of the People's Republic of China to look for the instructions in "Notice to delete or disconnect the infringing web content".
XXI. General Terms
2. The User Agreement and the relationship between the User and EliteMBA are governed by the laws of the People's Republic of China. The dispute between the user and EliteMBA on the service, the Agreement or other related matters shall be settled through negotiation first. If the negotiation fails, it shall be submitted to the China International Economic and Trade Arbitration Commission for arbitration. The arbitral award is final and binding on both parties;
3. The failure of EliteMBA to exercise or enforce any rights or provisions of this agreement shall not constitute the waiver of aforementioned rights;
5. The title of this User Agreement is for convenience only and does not have any legal or contractual effect;
6. Elite Education has the final interpretation of this User Agreement.
Users are advised to notify the Company of any violation of the Terms of Service and any other announcements in EliteMBA and other related notices.
Effective on Nov 30th, 2018