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条款

1,TERMS OF SERVICE

2,TEACHER TERMS OF SERVICE

3,COPYRIGHT POLICY

4,COMMUNITY POLICY

5,PAYMENT TERMS OF SERVICE


1/5,TERMS OF SERVICE

1. OVERVIEW

2. SECTION 1 – WEBSITE TERMS

3. SECTION 2 - GENERAL CONDITIONS

4. SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

5. SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

6. SECTION 5 - PRODUCTS OR SERVICES

7. SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

8. SECTION 7 - THIRD-PARTY LINKS

9. SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

10. SECTION 9 - PERSONAL INFORMATION

11. SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

12. SECTION 11 - PROHIBITED USES

13. SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

14. SECTION 13 - INDEMNIFICATION

15. SECTION 14 - SEVERABILITY

16. SECTION 15 - TERMINATION

17. SECTION 16 - ENTIRE AGREEMENT

18. SECTION 17 - GOVERNING LAW

19. SECTION 18 - CHANGES TO TERMS OF SERVICE

20. SECTION 19 – CONTACTING US

 

OVERVIEW

This website is operated by CCHATTY HK LIMITED. Throughout the site, the terms “CCHATT”,, “we”, “us” and “our” refer to CCHATTY HK LIMITED.

Cchatty offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers and/ or contributors of content.

SECTION 1 - WEBSITE TERMS

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the website. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product/services descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall CCHATTY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless CCHATTY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

· Our Terms of Service

· Our Payment Terms of Service

· Our Teacher Terms of Service

· Our Privacy Policy and Copyright Policy

· Our Community Policy

SECTION 17 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of China.

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 – CONTACTING US

Questions about the Terms of Service should be sent to us at support@cchatty.com


2/5,TEACHER TERMS OF SERVICE

· Overview

· Teacher Registration

· Becoming a Qualified Teacher

Teaching Rules

· Levels of Teacher

Different level have different

Key Evaluation Points

Rules of Level Up

· Teaching Services

Providing your Teaching Services

Student Complaints and Refunds

Suspension and termination

· License Grants

License Grant for Teacher Content to Students

License Grant for Teacher Content to Cchatty

License Grant for Teacher Introduction Video

License Grant for Teacher Logos

· Contacting Customer Service

OVERVIEW

Cchatty (the site) is an online language learning platform allowing language teachers (you/a teacher) to provide a professional lessons to anyone who wants to learn from you via the site (your Language students). By registering to be a teacher via the site, you agree to our Teacher Policies, and all Terms & Privacy listed in Site.

Teacher Registration

Teachers must be registered to use the site. When you supplying these information to get the approved to become a teacher, you agree that:

· All other information you provide under your profile will be truthful;

· You have suitable permissions in place for any content you add to your profile;

· you are fully responsible for ensuring the quality and performance of your services;

· Agree the Teaching Law;

· You will keep your profile up to date;

· You are responsible for your own account security and you will not share your account details with any other person;

· you will act in a professional manner with your Language students at all times;

· Agree to maintain the privacy of Cchatty Students. This includes not soliciting any personally identifiable information (such as birth date, age, government issued number, phone number, or home address);

Becoming a Qualified Teacher

Teaching Language is not just chatting but teaching a kind of language, culture and learning methods. Furthermore, teachers should help your partners achieve their language learning goals, and develop their interests and love in a language learning and its culture.

Preparation for lessons carefully is not only a basic requirement for teachers but also a significant reflectance of teaching altitude. In the meanwhile, compared to face-to-face teaching, it is more difficult to teach on the Internet. So well-prepared teaching materials will be beneficial to students’ learning in the most extent.

Please follow the student-oriented working strategy,and try to agree to these teaching rules.

Teaching Rules:

· Speak loudly, firmly, exaggeratedly and in a clear articulation.

· Speak slowly and pause frequently. Speaking repetition in two times and no sound holding.

· In one sentence, pause between words are needed to be clear, which may not influence the meaning of sentence.

· Emphasize on the mood of words and characters. A cadence feeling may appear while speaking.

· Be full of vigour and vitality spirited.

· Sentence simplified and easy to understand, with the improvement of students’ learning level, diversity of sentences and difficulty of grammar may be enhanced gradually.

· Point-cuts are needed to find from east to hard. Teach from the start and extend the interesting part to students in a suitable period.

· Repeat sentences and words taught in the classroom on purpose for consolidating the knowledge learned by students before.

· Classroom sentences need to be settled down with exaggerate gestures, actions and expressions.

· Avoid intermediate language explanation as possible as you can, we are here to teach language, but not translate.

· Avoid using acronym, unfamiliar words, but complete sentences are needed.

· Do not discuss foreign customs, country politics, religion and other sensitive topics and avoid meaningless arguments.

· Discuss what students need and what students are interested in.

· Do not judge people with their appearance.

· Do not ask students some questions they cannot reply conveniently and appropriately.

Levels of Teacher

In order to distinguish different teaching levels in Cchatty, we defined 3 levels for tutors and 10 levels for professinal teachers. You acknowledge that Cchatty can modify or update all in the section of Levels of Teacher, may modify or update the Evaluation Points for the Levels of Teacher, may modify or udpate the Points rules, may modify or udpate the rules of level up, to better maintain the Site's operations, to uphold the interests of most people and maintain a certain fairness.

Different level have different:

· Different sign for each Level of teacher

· Different requirements for each level of teacher

· Different price level for his/her teacher services

· Different exposure opportunities in Cchatty

Key Evaluation Points

· **The feedback from Students; ( the quality of teaching )

· **The Trial Teaching and feedback from the team of experts; ( the quality of teaching )

· *The number of finished lesson; ( the quantity of teaching )

· The contribution to the Site content construction; ( Articles & Teaching Lectures )

· The Points earned in Cchatty; ( Points from mainly listed above 4 situations and others include of contribution to Notebook, language teaching related certificates, login times and so on )

Rules of Level Up

· 3 levels for tutor, automatic raising up when meet the Points required;

· 10 levels for professional teachers, meet the Points required and pass the Trail Teaching evaluation by the team of experts;

Teaching Services

Providing your Teaching Services

When you providing your teaching services, you should know:

· When your Language student makes a booking for your services, this is a lesson. A lesson can comprise of any number of hours;

· The lesson fee is the fee the student agrees to pay you for the lesson;

· Your Language student can make changes to lesson times up to 24 hours before the originally booked lesson start time;

· Once you have completed the lesson, your Langu student will be asked to rank your services on a scale from 1 to 5;

· Keep good relationship with your Student, easy to learn language, happy to make friends;

Student Complaints and Refunds

Any Student who is dissatisfied with your Teaching Service is required to contact you directly through the Site regarding any issues or complaints. You should try to resolve any issue or complaint directly with the Student first.

If the issue or complaint cannot be resolved, between the Teacher and the Student, Cchatty will use all records of communication as evidence to make a determination on how to adjudicate the dispute. Cchatty shall have the right, in our sole discretion:

· To transfer credits, offer a refund, or reverse a transaction.

· To designate who shall bear the expenses resulting from any such actions.

Suspension and termination

· We may suspend or terminate your profile immediately without notice and without any further liability to you if you are at any time in breach of our teacher terms;

· You acknowledge that we are under no obligation to provide access to the site and we may withdraw access to the site at any time without any further liability to you;

· You may terminate your profile at any time by deleting your account from within the dashboard;

License Grants

License Grant for Teacher Content to Students

You hereby agree that any user who purchases your Teaching Services will be granted a right to use the Content in your Teaching Services solely for personal and noncommercial educational purposes. You acknowledge that all of the Content you submit to the Site is subject to the representations, warranties, license grants and other provisions contained in the Terms. 

License Grant for Teacher Content to Cchatty

You acknowledge that Cchatty may use your Content and information about your Teaching Services in marketing, advertising and promotion of our Site in any medium. You also give Cchatty permission to use your name as part of marketing, advertising or promotion.

License Grant for Teacher Introduction Video

Cchatty has the rights to use your Teacher Introduction video for marketing, advertising or promotional purposes. Cchatty may publish teacher videos to our official channels in third-party video hosting and streaming services, such as Youtube, Vimeo, Youku, or others, as to ensure accessibility and visibility to Cchatty students regardless of location.

Cchatty will remove Teacher Introduction videos published to our official channels in third-party video hosting and streaming services upon written notice sent to cchatty.com/support.

License Grant for Teacher Logos

We encourage you to highlight your Teaching Services by using your trademarks, service marks or brands ("Logos") on our Site. You give us permission to display your Logos and to make modifications to the appearance of the Logos as may be reasonably necessary. You represent that you own all rights to your Logo. You retain ownership and all rights to any Logo that you submit. Logos may not contain any Prohibited Content. We reserve the right to remove your Logos from the Site at any time in our sole discretion.

Contacting Customer Service

If you wish to report a violation of Site or Service Policies, have any questions or need assistance, please contact Cchatty Customer Service as follows:

Online Support: http://www.cchatty.com/support

Email: support@cchatty.com


3/5,COPYRIGHT POLICY

· Copyright Policy

· Claims regarding Copyright Infringement

· Article and Lecture Copyright

· Contacting Cchatty

Copyright Policy

Cchatty respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our Copyright Policy requires that information posted by Members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, Cchatty provides a process for submission of complaints concerning content posted by our Members.

Claims regarding Copyright Infringement

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Cchatty has implemented procedures for receiving written notification of claimed infringements.

If you believe in good faith that your copyright has been infringed, you may complete and submit a Notice of Copyright Infringement form, or otherwise provide a written communication which contains:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description specifying the location on our website of the material that you claim is infringing;

4. Your email address and your mailing address and/or telephone number;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner;

6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;

7. A content by you, and you are the copyright owner or authorized to act on the copyright owner’s behalf.

Cchatty reserves the right, under appropriate circumstances and at its discretion, to delete those copyright infringement contents, and even desalbe the account.

Article and Lecture Copyright

All of the writing in an Article or Lecture submitted to Cchatty must be your own. And you have the copyright to all articles and lectures that you submit to Cchatty, and while you submit the article and lecture to Ccahtty, you grant Ccahtty have the right to edit those contents, and also you grant Cchatty have the right to use those contents as Cchatty marketing materials. 

Contacting Cchatty

Please submit your notice to Cchatty as follows

Online Support: http://www.cchatty.com/support

Email: support@cchatty.com

 

4/5,COMMUNITY POLICY

· Introduction to Community Policy

· Community Content Policy

· Reporting Violations

Introduction to Community Policy

The community policy is to organize a better online community, secure the basic order of the community and ensure the rights and interests of all members.

All language learners from all over the world, in Cchatty, easy to learn language, happy to make friends.

In default, Cchatty will not delete or edit user gnerated content, but except for listed behaviours below and other violations against the community policy, the terms of services and other plicies.

Community Content Policy

Cchatty will remove these contents without notification.

1. Illegal Content

Content may violate the law if it includes, but is not limited to copyright, trademarks, illegal sexual content, and so on.

2. Sexual and Pornographic Content

Cchatty prohibits the posting of any sexual and pornographic content, or content of any person in a state of nudity or engaged in any act of sexual conduct.

3. Threaten, Harass, or Bully Content

Cchatty does not tolerate the harassment of people on our site, nor do we tolerate communities dedicated to fostering harassing behavior.

4. Private or personal information

Cchatty does not allow publishing a user's private or personal information.

5. Advertisements Content

Any contents with commercial purposes are not allowed, Cchatty is just for learning and learning related purposes.

6. Spam Content

Do not send the same message to multiple users or repeatedly post the same message. And any content that can not bring any values but broken the community’s harmony.

7. Fake Content:

Do not post any fake information, and even cheating. And do not creating any false presence is not allowed.

Reporting Violations

If you think another user is violating the Cchatty Community Policy or Terms of Service, please report this to Cchatty. Notify the Cchatty team

If you see a post or comment that violates the Community Policy or Terms of Service, please use the "flag this comment" or "report concern" button.

Learn more about reporting abuse.


5/5, PAYMENT TERMS OF SERVICE

1. Overview

2. Account Registration

3. Identity Verification

4. Financial Terms for Payment Services

5. Financial Terms for Member (Student and Teacher)

Disputes with between Student and Teachers

No Refunds on Purchased Teaching Lecture

6. Financial Terms for Students

Purchasing CCHATTY SP (Service Points)

No Refunds on Authorized Payments

Third Party Payment Method Fees

Canceled Lesson Requests

Confirmation of Lessons

Feedback and Ratings on Lessons

Lesson Packages

7. Financial Terms for Teachers

Accepting Teacher Service Requests

Cancellations of Lesson Requests

Lesson Packages

CCHATTY Service Fees

Circumvention of Service Fees

Withdrawal of Funds

Withholding or Delaying Disbursement of Funds

CCHATTY's Rights Regarding Reimbursements

Rounding Off

8. Taxes

9. CCHATTY SP (Service Points) Policies

CCHATTY SP (Service Points) are not Bank Deposits

CCHATTY SP (Service Points) Expiration Policy

Foreign Exchange Risk

CCHATTY Credit Limitations

10. CCHATTY's Rights Regarding User Accounts and Funds

Security and financial fraud

Interest compensation

Reservation of Rights for Erroneous Transactions

11. User Conduct

12. Enforcement of Terms of Service

13. Disclaimers

14. Limitation of Liability

15. Indemnification

16. Entire Agreement

17. Assignment

18. Notices

19. Controlling Law and Jurisdiction

20. Dispute Resolution

21. General

22. Contacting Customer Service

 

1. OVERVIEW

The Terms and Conditions described here constitute a legal agreement ("Agreement") among the Student or Teacher listed as the "Member" in the CCHATTY registration page, (the "Member " on the registration page, sometimes referred to as "you," "your", "user"”) and CCHATTY HK LIMITED (referred to “CCHATTY”, “Cchatty”, “we”, “us” and “our” ).

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Payment Service and have the right, power, and ability to enter into and perform under this Agreement.

2. Account Registration

To use the Site and certain Site Services, you must first register for an Account and become a Member (Student or Teacher) in accordance with the Terms of Service. You acknowledge and agree that anyone you authorize to use your CCHATTY Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

3. Identity Verification

When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your ability to represent your services on CCHATTY, if it is a separate legal entity. You authorize CCHATTY, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you.

5. Financial Terms for Payment Services

"CCHATTY SP (Service Points) " - CCHATTY SP (Service Points) are a virtual currency purchased from CCHATTY. They can be used solely on the Site to purchase Teaching Services and have no value outside of CCHATTY. All Services on the Site are paid for with CCHATTY Service Points.

Why SP (Service Points) ?

1. The international payments by third-party payment generates many fees

2. Directly trade between two Members has uncertain RISK

"Lesson Fees" and "Package Fees" - Lesson and Package Fees are the amounts that are due and payable by a Student for confirmed language lessons that have been given by a Teacher. The Teacher alone, and not CCHATTY, is responsible setting the Lesson Fees or Package Fees.

“Lecture Fees” – The Teacher provide the teaching lecture for teaching or learning, and the Student or Teacher purchase.

"Service Fees" - Service Fees are the fees CCHATTY only charges to the Teacher when using CCHATTY Services.

“Teaching Services” – A teacher provide the teaching service to student and A teacher provide the teaching lecture to Student or Teachers.

“Teacher Services” – A teacher provide the teaching services to student.

"Student Wallet" - A Student Wallet is an account created by Students to purchase CCHATTY SP (Service Points) that will be spent on CCHATTY. CCHATTY SP (Service Points) in a Student Wallet can be used to pay for services provided by Teachers, and other Services offered by the Site. A Student may add CCHATTY SP (Service Points) to their Student Wallet by any of the payment methods available on the Site. The Student must reasonably intend that such amounts will be used to pay CCHATTY or Teachers for Services purchased through the Site.

"Teacher Wallet" - A Teacher Wallet is an account created by Teachers to receive payment for Teaching Services. As a Teacher, you must use the Teacher Wallet Service to receive payment from Students and Teachers.

"Payment Method" - Payment Method is the service that a Student uses to purchase CCHATTY SP (Service Points). Examples of payment methods are credit card, debit card, or PayPal.

"Withdrawal Method" - Withdrawal Method is the service that a Teacher uses to exchange CCHATTY SP (Service Points) for currency. Examples of withdrawal methods are PayPal, and other third party payment providers.

6. Financial Terms for Member (Student and Teacher)

You acknowledge and agree that, notwithstanding the fact that CCHATTY is not a party to the agreement between Member (Student and Teacher), CCHATTY acts as an online venue provider, NOT involved in the dealing and contracting between Student and Teacher, or between Teacher and Teacher.

And the Student and the Teacher therefore agree that CCHATTY has the right to take such actions with respect to the Teaching Contract (upon the confirmation of Teaching Services, the Student/Teacher agrees to purchase and the Teacher agrees to deliver) including without limitation suspension, termination, modify, delete, or legal actions, as CCHATTY in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.

Disputes with between Student and Teachers

In the event there is a disagreement with a student or teacher, there are two phases to resolving the dispute.
Phase 1: Member Resolution – The Student and Teacher should discuss and reach agreement on what services should be provided, and whether the CCHATTY SP (Service Points) should be transferred to the Student or the Teacher.
Phase 2: CCHATTY Dispute Judgment – If the Student and Teacher cannot agree, then the dispute will be handled by CCHATTY. CCHATTY will review any evidence and submitted materials pertaining to the Dispute and make a FINAL RULING.

No Refunds on purchased teaching lecture

Payment for lectures are final. No refunds will be given for spent CCHATTY SP (Service Points).

7. Financial Terms for Students

For Students, you must use CCHATTY SP (Service Points) to receive Teaching Services from a Teacher.CCHATTY provides Students with a "Student Wallet". The Student Wallet is used to hold CCHATTY SP (Service Points), and to make payments with CCHATTY SP (Service Points), for the purchase of Teaching Services.

Purchasing CCHATTY SP (Service Points)

In order to acquire CCHATTY SP (Service Points), you use a third party payment method (example: credit card, PayPal, and others) to pay for the necessary amount. By providing CCHATTY with your credit card or bank account information, you authorize us to charge such credit card or bank account for the amounts stated on the payment page. Following a successful transaction, your Student Wallet or Teacher Wallet will have the corresponding amount of CCHATTY SP (Service Points).

No Refunds on Authorized Payments

Authorized payments are final. No refunds will be given for CCHATTY SP (Service Points) purchased.

Third Party Payment Method Fees

When purchasing CCHATTY SP (Service Points), there may be fees that are charged to a Student or a Teacher by the third party payment provider or the Student's bank or Teacher’s bank. These fees are not under CCHATTY's control, and CCHATTY disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment provider. It is up to the user to review the terms and conditions before using a third party payment method.

Canceled Lesson Requests

If a Lesson Request is canceled by the Student, declined by the teacher, or expires (not confirmed by the Teacher within the request period), the CCHATTY SP (Service Points) will be fully refunded to the Student’s Student Wallet.

Confirmation of Lessons

As a Student, when you confirm a lesson was successful, you instruct CCHATTY to pay the Teacher using the Student Wallet Service. You confirm that the Teacher has completed the applicable Services fully and satisfactorily, and you are instructing CCHATTY to transfer CCHATTY SP (Service Points) from your Student Wallet to the Teacher’s Teacher Wallet.

Lesson Packages

Session packages on CCHATTY are valid for 6 months. Reminders will be sent to both the Student and the Teacher when the expiration date of their package comes due. If there is no action taken by the Student, then all remaining CCHATTY SP (Service Points) in the package will be sent to the Teacher, minus CCHATTY's normal commission. If no action is taken by the Teacher, then all remaining CCHATTY SP (Service Points) in the package will be returned to the Student.

In the event that there is a dispute as to who canceled a package and the Student and Teacher cannot reach a compromise, then CCHATTY will mediate the dispute. CCHATTY's decision on the dispute is final.

8. Financial Terms for Teachers

For Teachers, you must use CCHATTY SP (Service Points) to receive payment for Teaching Services from a Student or a Teacher. CCHATTY provides Teachers with a "Teacher Wallet". The Teacher Wallet is used to hold CCHATTY SP (Service Points), and to make withdrawals of CCHATTY SP (Service Points) to a Teacher's personal funds.

You agree to CCHATTY's Teacher Terms of Service at www.cchatty.com/support

Accepting Teacher Service Requests

Teachers will receive requests for Teacher Services ("Lesson Requests"). By accepting a Lesson Request, you agree to provide your Teacher Services to the Student at the date and time set inside the request. You can choose to decline the request. If you do not respond, the request will automatically expire.

Cancellations of Lesson Requests

If CCHATTY decides for any reason that it is necessary or desirable to cancel a confirmed Teacher Services Request made via the Site and Services pursuant to CCHATTY Terms of Service, you agree that CCHATTY and the relevant Student or Teacher will not have any liability for such cancellations or refunds.

Lesson Packages

Lesson packages on CCHATTY are valid for 6 months. Reminders will be sent to both the Student and the Teacher when the expiration date of their package comes due. If there is no action taken by the Student, then all remaining CCHATTY SP (Service Points) in the package will be sent to the Teacher, minus CCHATTY's normal commission. If no action is taken by the Teacher, then all remaining CCHATTY SP (Service Points) in the package will be returned to the Student.

In the event that there is a dispute as to who canceled a package and the Student and Teacher cannot reach a compromise, then CCHATTY will mediate the dispute. CCHATTY's decision on the dispute is final. Please note that in the case of a dispute, it is up to the Teacher and the Student to provide proof to CCHATTY to support their positions.

CCHATTY Service Fees

CCHATTY collects commission fees when a Teaching Service ("lesson and lecture") is confirmed or purchased by the Student or Teacher. For each transaction on the Site, the commission is 5% to 20% for different level of teacher of the total cost of the Teacher Service ("lesson"). Fees due to CCHATTY are deducted upon transfer of CCHATTY SP (Service Points) to the Teacher's Teacher Wallet.

The balance shown on the Teacher's Teacher Wallet is the full balance after all fees have been deducted. Amounts may be rounded up or down as described the “Rounding Off” section.

CCHATTY does not charge any fees for the Teacher to register or create a listing for Teach ng Services on CCHATTY. To the extent any refunds are issued, commission fees will be based on the amount that is not refunded back to the Student.

Circumvention of Service Fees

Teachers agree not to engage in any action or activity meant to circumvent the service fees. Prohibited practices include (but are not limited to) the following:

  • Suggesting, soliciting, or accepting payment by other means outside the CCHATTY Payment Service.
  • Failing to report accurate or final service prices on the Site, or a service price different than that agreed between Student and Teacher.
Withdrawal of Funds

When withdrawing CCHATTY SP (Service Points), there may be fees that are charged to a Teacher by the third-party payment method or the Teacher's bank. These fees are not under CCHATTY's control, and CCHATTY disclaims all liability in this regard. Whatever third-party payment method that is used by Teachers may be subject to additional terms and conditions imposed by the third-party payment provider. It is up to the Teacher to review the terms and conditions before using a third-party payment method.

Withholding or Delaying Disbursement of Funds

If CCHATTY reasonably concludes, based on information available to CCHATTY, that a Teacher's actions may have resulted or will result in a significant number of disputes, refunds or other claims from users who purchased their Teaching Services, CCHATTY reserves the right to delay or stop the disbursement of all funds accrued in a Teacher's Teacher Wallet. If CCHATTY concludes that a teacher has violated the Terms (including the Privacy Policy, Community Policy, and Teacher Terms), CCHATTY can refuse to disburse the funds accrued in the Teacher's Teacher Wallet and debit such funds from the Teacher Wallet.

CCHATTY's Rights Regarding Reimbursements

CCHATTY reserves the right to seek reimbursement from a Teacher if CCHATTY, in its sole discretion, (a) provides a refund to a Student if the Teacher cannot promptly deliver the purchased Teacher Services, or (b) discover erroneous or duplicate transactions. The Teacher authorizes CCHATTY to obtain such reimbursement by deducting from future payments owed to the Teacher, reversing any SP (Service Points) to the Teacher's Account, debiting the Teacher's bank account, or seeking such reimbursement from the Teacher by any other lawful means.

Rounding Off

CCHATTY may, in its sole discretion, round up or round down amounts that are payable from or to Teachers or Students to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar); for example CCHATTY will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

9. Taxes

With the exception of Teachers in the People's Republic of China, a Teacher understands and agrees that they are solely responsible for determining their applicable Tax reporting requirements and obligations relating to applicable Taxes for their services. They are also solely responsible for remitting to the relevant authority any Taxes included or received. CCHATTY cannot and does not offer Tax-related advice to any Members.

Teachers in the People's Republic of China (China) - CCHATTY will report the income of teachers based in China.

10. CCHATTY SP (Service Points) Policies

CCHATTY SP (Service Points) are not Bank Deposits

You acknowledge that: (1) CCHATTY is not a bank and the Student Wallet and Teacher Wallet is a payment service rather than a banking service; and (2) CCHATTY is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (3) CCHATTY IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE STUDENT WALLET OR TEACHER WALLET ARE NOT INSURED DEPOSITS.

CCHATTY SP (Service Points) Expiration Policy

CCHATTY SP (Service Points) in a member account will be valid for as long as the member remains active on CCHATTY. If the member has not logged into his/her account at least once in the previous year, the CCHATTY SP (Service Points) will expire. For a member to keep their CCHATTY SP (Service Points) active, they must login at least once every year to their CCHATTY account. CCHATTY SP (Service Points) are then valid for another 1 year following the most recent login date.

Foreign Exchange Risk

The Student Wallet and Teacher Wallet Services operates in CCHATTY SP (Service Points) which are tied to US Dollars. CCHATTY is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than USD, nor is CCHATTY responsible for currency fluctuations that occur when receiving or sending payment via third party payments when purchasing CCHATTY SP (Service Points) or withdrawing an CCHATTY SP (Service Points) balance.

CCHATTY SP (Service Points) Limitations

CCHATTY SP (Service Points) are valid only when purchased on CCHATTY or through authorized CCHATTY partners. CCHATTY SP (Service Points) in the form of CCHATTY Gift Cards or Vouchers cannot be resold or redeemed for cash. CCHATTY SP (Service Points) redeemed from Gift Cards or Vouchers purchased through unofficial sources or channels are subject to cancellation without notice.

11. CCHATTY's Rights Regarding User Accounts and Funds

Security and financial fraud

As a security measure, CCHATTY may impose transaction limits on some or all Students and Teachers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will impose these limits before any services are rendered if we determine it is necessary for security reasons or the prevention of fraud.

CCHATTY reserves the right to void CCHATTY Credit purchases if purchases are found to be fraudulent. This includes CCHATTY SP (Service Points) that have been redeemed from fraudulent CCHATTY Gift Card purchases.

Interest compensation

CCHATTY may earn interest or other compensation from the balances in bank accounts that result from the timing difference between the payment for Teacher Services and the disbursement of the corresponding funds to Teachers. Teachers and Students are not entitled to any such interest or other compensation.

Reservation of Rights for Erroneous Transactions

CCHATTY reserves the right to seek reimbursement from any Teacher or Student. The Teacher or Student will reimburse CCHATTY if CCHATTY discovers erroneous or duplicate transactions for the amount of such transaction from such Teacher or Student. CCHATTY may obtain such reimbursement by deducting from future payments owed to such Teacher, by reversing any SP (Service Points) to such Teacher's bank account, or by seeking reimbursement from such Teacher by any other lawful means.

12. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not:

  • Violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • Use the Payment Services for any commercial or other purposes that are not expressly permitted by these Terms;
  • Use the Payment Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers, or photographs of others without their permission;
  • Register any Payment Method with your CCHATTY account that is not yours or you do not have authorization to use;
  • Attempt to probe, scan, or test the vulnerability of any CCHATTY system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CCHATTY or any other third party (including another user) to protect the Payment Services;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Payment Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Payment Services;
  • Advocate, encourage, or assist any third party in doing any of the foregoing.

CCHATTY has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Payments Terms, CCHATTY may take a range of actions against you, including but not limited to limiting access to your CCHATTY Account and any associated Payment Services, for a violation of these Payments Terms.

13. Enforcement of Terms of Service

We may suspend or cancel your Member Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service, or violated our rights or those of another party. Without limiting CCHATTY's other remedies, we will suspend or terminate your Member Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service and the other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for CCHATTY.

Once suspended or terminated, you may not continue to use the CCHATTY service under a different Account or re-register under a new Account. This includes usage of any associated Payment Services. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a User or Member engages in actions or activities which circumvent the Site or otherwise reduces service fees owed CCHATTY under the Terms of Service, that User or Member will be liable to CCHATTY for the service fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of CCHATTY membership. CCHATTY reserves the right to terminate any User or project for any reason, at its sole discretion and to refuse to provide registration and membership to you in the future. When your membership is canceled, you may no longer have access to data, messages, files and other material you keep on the Site.

14. Disclaimers

IF YOU CHOOSE TO USE THE PAYMENT SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CCHATTY PROVIDES THE PAYMENT SERVICES “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CCHATTY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CCHATTY MAKES NO WARRANTY THAT THE PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CCHATTY MAKES NO WARRANTY REGARDING THE QUALITY OF THE PAYMENT SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CCHATTY PAYMENTS OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

NOTWITHSTANDING CCHATTY’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE TEACHERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM STUDENTS ON BEHALF OF THE TEACHERS, CCHATTY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

15. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE PAYMENT SERVICES REMAINS WITH YOU. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR CCHATTY ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER CCHATTY NOR ANY OTHER PARTY INVOLVED IN PROVIDING PAYMENT SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PAYMENT SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PAYMENT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CCHATTY PAYMENTS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE CCHATTY TEACHER GUARANTEE, IN NO EVENT WILL CCHATTY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PAYMENT SERVICES INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE PAYMENT SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR TEACHING SERVICES VIA THE CCHATTY PLATFORM AS A STUDENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A TEACHER, THE AMOUNTS PAID BY CCHATTY TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CCHATTY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

16. Indemnification

You agree to release, defend, indemnify, and hold CCHATTY and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Payment Services, or your violation of these Payments Terms; or (b) your accrual or use of any CCHATTY SP (Service Points).

17. Entire Agreement

Except as they may be supplemented by additional CCHATTY policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms (and the terms below) constitute the entire and exclusive understanding and agreement between CCHATTY and you regarding the Site, Services, Content, and any Teaching Services Requests made via the Site,and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CCHATTY and you regarding bookings or listings of Accommodations, the Site, Services, and Content.

  • Our Terms of Service
  • Our Payment Terms of Service (for users who use CCHATTY SP (Service Points))
  • Our Teacher Terms of Service (for teachers on CCHATTY)
  • Our Privacy Policy and Copyright Policy
  • Our Community Policy

18. Assignment

You may not assign or transfer these Payments Terms, by operation of law or otherwise, without CCHATTY’s prior written consent. Any attempt by you to assign or transfer these Payments Terms, without such consent, will be null and of no effect. CCHATTY may assign or transfer these Payments Terms, at its sole discretion, without restriction. Subject to the foregoing, these Payments Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

19. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Payments Terms, will be in writing and given by CCHATTY (i) via email (in each case to the address that you provide) or (ii) by posting to the CCHATTY Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

20. Controlling Law and Jurisdiction

The Terms of Service are governed in all respects by the laws of China without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against CCHATTY must be resolved by a court located in China, or as described in the Arbitration Option paragraph below. You hereby submit to the personal jurisdiction of the courts located within China for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.

21. Dispute Resolution

If a dispute arises between you and CCHATTY, our goal is to resolve such dispute quickly and cost effectively. You agree to first contact us directly to seek dispute assistance by going to Customer Service. You and CCHATTY agree to resolve any claim or controversy at law or equity that arises between us out of this Agreement or the CCHATTY Services (a "Claim") with Dispute Resolution.

Arbitration Option

For any claim arising between you and CCHATTY (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than RMB 50,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

Improperly Filed Claims

Should you file a claim contrary to this section entitled "Disputes Resolution," CCHATTY will be entitled to recover attorneys' fees and costs up to RMB 10,000, provided that CCHATTY has notified you in accordance with the Terms of Service of the improperly filed claim, and you have failed to promptly withdraw the claim.

22. General

The failure of CCHATTY to enforce any right or provision of these Payments Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CCHATTY. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Payments Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Payments Terms will remain in full force and effect.

Contacting Customer Service

If you wish to report a violation of Site or Service Policies, have any questions or need assistance, please contact CCHATTY Customer Service as follows:

Online Support: http://www.cchatty.com/support

Email: support@cchatty.com

Last Edited on 2017-11-01

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