Content of User Agreement

Last Update: August 17, 2021

I. Important Tips

WuKong agrees to provide Internet and mobile network-based services (hereinafter referred to as “the Services”) in accordance with the provisions of this user agreement (hereinafter referred to as "the Agreement") and operating rules as issued from time to time. In order to obtain the services, users (hereinafter referred to as the "User" or "You") shall agree to all the terms of this agreement and follow the prompts on the page to complete all registration procedures.

Please make sure to read it carefully and fully understand the contents of the provisions of this agreement, and pay attention to the terms exempting or limiting WuKong's liabilities, terms of rights permission and information use, terms of law application and dispute resolution, etc. In order to make it easier to distinguish, the clauses exempting or limiting WuKong’s liability have been highlighted in bold for the user attention. When the user clicks the "Agree" button during the registration process, it means that he/she accepts all the provisions under this agreement. If the user does not agree to this agreement or any of the terms and conditions, the registration process should be stopped immediately, and WuKong will not be able to provide servicesfor you. 

If you have not applied for the registration process, or have become a registered user of the WuKong platform before the update of this agreement, by accessing and/or using the WuKong platform website or client, you are deemed to agree to accept the entire content of this agreement, otherwise please do not continue to access or use the WuKong platform website or client.

Minor users are requested to read this agreement with their parents or guardians, and seek the consent and guidance of their parents or guardians before submitting personal information and during the subsequent use of the service.

The scope of this agreement also includes the appendix "Privacy Policy", and when you use a specific WuKong service, it will have a separate agreement andrelated business rules, etc. (hereinafter collectively referred to as "SeparateAgreement"). The separate agreement and this agreement together form an inseparable whole of the service agreement, which must be complied with by you and WuKong.

II. Definitions  

We: The single or collective service operators related to WuKong, including LAN Global Limited and its affiliates.

Our products: Including but not limited to the new product client (App) and website developed by WuKong brand, WuKong platform website and the related clients.

Our services: Based on the Internet, WuKong provides various products and services to you in various forms such as WuKong platform websites, clients, etc. (including new service forms arising from future technological development).

User: Refers to the user of our products (including but not limited to: a. Signing up for an account directly to complete our product registration; b. Logging in to our products through a third-party account such as WeChat). In this agreement it is also called "you".

III. Account Registration, Use and Cancellation

3.1 Account Registration   

Before you use the information services, you need to follow the relevant page prompts and procedures to register a dedicated user account with a valid email address. This exclusive account will become an important basis for identifying and verifying users on our products. You should use it with caution and keep this account properly.

If you choose to bind your account to a third-party account (including but not limited to WeChat, Alipay, Taobao, Apple ID, etc.) that we cooperate with, unless you cancel the binding relationship by yourself, if any of the following situations occurs, the bound third-party account may also be unbound, and we do not need to bear any responsibility for you or any third party:

1. You violate the agreement between a third party and you or related regulations;

2. The site to which the third-party account belongs requires unbinding;

3. The platform or business to which the third-party account belongs has been shut down;

3.2 Use of Account   

In the process of registering and using our products and services, you shall provide true, accurate, complete, legal and effective information, and update relevant information in a timely manner. If the personal information you provide is illegal, untrue, or inaccurate, you shall bear the corresponding responsibilities and consequences arising therefrom, and we reserve the right to terminate your use of our products and services.

You may not hand this exclusive account over to a third party for management or use by borrowing, renting, selling or any other means, and you shall be responsible for all activities performed with your account. If you find that your account has been illegally used by others, you can notify us immediately, and we will take measures to secure your account as much as possible. You need to understand that it takes a reasonable length of time for us to take action on any of your requests. Unless we are at fault, we are not responsible or liable for the consequences that have occurred before the action is taken.

You shall confirm and agree that we will regularly or irregularly push customized promotion information and conduct after-class visits to users by means of voice or text messages through WeChat official accounts, phone calls, text messages, and/or e-mails, etc.

The statements, notifications, prompts, etc. made by us in various ways (including but not limited to website announcements, e-mails, SMS reminders, etc.) regarding the use of ourspecific services are regarded as part of this agreement. Your use ofthe service shall be deemed to be your agreement to the content of suchstatements, notifications, and prompts.

You should follow the below principles when using our services, otherwise we have the right to terminate the provision of our services to you as stipulated in this agreement:

1. Comply with relevant national laws and regulations, and shall not use our service system for any illegal purpose;

2. Do not use our services in any form to infringe our commercial interests, including but not limited to publishing commercial advertisements that are not authorized by us;

3. Do not use our service system to conduct any behavior that may adversely affect the normal operation of the Internet or mobile network;

4. Do not use our services provided by us to upload, display or spread any false, harassing, slanderous, abusive, threatening, vulgar or obscene or any other illegal information;

5. Do not infringe the patent, copyright, trademark, reputation or any legal rights/interests of any other third party.

IV. Scope of Services  

4.1 Service Type  

The specific content of our products and services will be determined by our platform based on the actual situation, including but not limited to "online group courses", "online one-to-one courses", "public courses" and other teaching methods, as well as all kinds of products or services based on WeChat service accounts/mini-programs, and Apps on mobile terminal devices (including mobile phones, tablets, etc.)

4.2 Service Fees  

Some of the course services provided by us (such as online group courses, online one-to-one courses, and public courses, etc.) are paid services. For those services, we will clearly prompt you to pay the specific fees before you use them. You can use the paid services only after you confirm the payment of the relevant fees according to the prompts.

You shall know and understand that we only provide information services, the facilities and equipment required to receive information services (such as personal computers (PC), mobile terminals, and other devices related to access to the Internet or mobile networks), and payment to third-party vendors (such as Internet or mobile Internet access fees, etc.) shall be borne by you.

You shall know and understand that during the use of our services, we may change, interrupt or terminate some or all of our services (including the paid ones), and we shall provide you with the equivalent and alternativeones. If you are unwilling to accept thealternative paid services, we will refund the fees (if any) you paid to us for the unused paid service(s) in accordance with the announced refund rules or agreement.

Unless otherwise agreed in this agreement, or the specific product agreement and/or the exclusive service agreement, and/or in the promotional posters, registration pages and other advertisement pages, the information service content, methods, updates, iterations and/or price adjustments by us shall be subject to the provisions of this agreement.

In any case, the online courses, class hours, or similar rewards/prizes given to users by promotion activities can be available only after you have purchased and used all the online courses. After you submit a refund application, the free courses or class hours will be automatically invalidated, and we will no longer provide you with any of the aforementioned courses or other services, nor will we convert them into cash for refund. To the extent permitted by laws and regulations, if we independently determine that you have abused or may abuse the right to refund in accordance with this agreement, we have the right to unilaterally suspend or close your registered account, restrict or refuse to provide you with any information service(s) without any responsibilities or liabilities.

4.3 Scope of Services  

The information services provided by us include online courses with different types of classes and teaching contents, and the rules on the use and deduction of their class hours are slightly different; the rules on the use and deduction of class hours are different for different (new and returning) users at various promotional campaign cycles, even for the courses with same class and/or content. For details, please refer to the promotional materials for each marketing event (or campaign).

V. Intellectual Property Rights (IPR) 

Unless otherwise agreed or otherwise declared by us, all the IPR (including but not limited to copyright, trademark rights, patent rights, trade secrets, etc.) and related rights for all contents on our platform (except for the content to which users are legally entitled to the copyright), technology, software, procedures, data and other information (including but not limited to text, images, pictures, photos, audio, video, graphics, colors, layout design, electronic documents) belong to us or our affiliates. Without our permission, no one may use the IPR (including but not limited to copying, spreading, displaying, mirroring, uploading, downloading, modifying, renting, selling, providing to third parties) which includes the logo, graphics and their combinations of our platform, as well as other logos, markings, products and service names of our platform,all of which are trademarks of ours or our affiliates. Without our written authorization, no one may display, use, or do other processing in any way, nor show to others (explicitly or implicitly) that you have the right to display, use, or do other processing of such trademarks. 

We have full intellectual property rights (IPR) to our proprietary content, original content, and other exclusive owned or exclusive content obtained through licensing. Without our permission, no entity or individual may reprint, spread, provide viewing services or have any other conducts that infringe our intellectual property rights, otherwise they will bear all related legal liabilities.

All rights to any software that is used by us to provide network services (including but not limited to any images, photos, animations, videos, recordings, music, text and additional programs, and accompanying supporting materials included in the software) belong to the copyright owner of the software, you may not engage in reverse engineering, decompilation or disassembly for the software without the permission of the copyright owner of the software.

Users are entitled to using the WuKong online course materials and services for self-driven learning purposes only. Without our written permission, you may not use your account registered in our website to engage in conduct(s) including but not limited to downloading, screen recording, copying, selling any of our content covering the audio, video, courseware, pictures and software as violation  of the intellectual property rights as well as related laws and regulations. All the civil, administrative or criminal liabilities arising therefrom shall be borne by you. 

You shall confirm and agree that you need to verify the authenticity and legitimacyof the contents of the video, audio, pictures, text, data and other achievements, as well as works, and products (collectively referred to as "uploaded content") as generated or voluntarily provided during the use of information services. If the uploaded content contains the portrait and personal information of any student, yourself and a third person (such as name, age, student ID, student avatar, etc.) (collectively referred to as "portrait and personal information"), you need to obtain the legal authorization of the student, his/her legal guardian or the third person. If the content uploaded by the user infringes the copyright or other rights of a third party, the relevant liability shall be borne by the user. In response to related intellectual property disputes, the third parties are entitled to issuing rights notices, and WuKong, as an information storage platform, will delete the relevant content in a timely manner. At the same time, you agree to authorize us to reasonably use your uploaded content (including the portrait and personal information) worldwide for the following purposes:

1. For reasonable purposes such as teaching, researches, academic exchanges, business discussions, course improvement, etc., use the uploaded content including to copy, share, publicly disseminate, interpret and compile the content to our users, employees, teachers, specially appointed experts and other professionals and business partners, etc.

2. For the purpose of review/commentating, display and promotion, use the uploaded content for free in our own products, platforms and other media, platforms, channels as authorized by us, by copying, sharing, public dissemination, interpretation and/or compilation. Except for the above purposes, we will not use your uploaded content in any way without your authorization.

When we use the above content as agreed in this provision, we do not need tosecure the user's prior consent, nor do we need to pay the user any other fees orincentives as remuneration. The user agrees that WuKong has the right to take independent legal actions (including but not limited to litigation, reporting, attorney’s letter, etc.) regarding any subject's infringement.

VI. Disclaimer

You agree that during the use of our services, the risks and consequences caused by violation of laws and regulations and this agreement or your personal reasons will be entirely borne by you, including the following circumstances:

1. You transfer or lend your account to others for use, or your account is illegally used by others due to your negligence in custody, causing you losses;

2. During your use of our services, the images, audios, videos, texts or postings at our forums as uploaded on our system have illegal consequences such as infringement;

3. In the case of section 3.2, we will terminate the provision of our services to you, and take measures to block relevant information or freeze or cancel your account in accordance with the agreement.

You shall confirm and understand that, based on platform compliance requirements, we will supervise your use of our services. If you use our services with behavior in violation of laws and regulations or infringement on our legitimate rights and interests and that of any third parties, we and its authorizer have the right to ask you to correct the behavior or directly take all necessary measures (including but not limited to editing or deleting the content you upload, suspending or terminating your right to use our products and/or our services) to mitigate the impact of your misconduct.

You shall confirm and understand that, in order to maintain the quality of service, we shall update, iterate, maintain and upgrade our services (such as Internet websites, mobile networks, clients, etc.) or related equipment on a regular or irregular basis. If the service is interrupted or suspended within a reasonable period of time due to such circumstances, we do not need to bear any liabilities for this. We will do our best to notify users before carrying out such activities, and do our utmost to shorten the duration and frequency of such occurrence, and to avoid such situations from occurring during peaktime periods. 

For force majeure ("Force majeure" refers to an objective situation that is unforeseeable or foreseeable but unavoidable or overcome by both parties, the event hinders, affects or delays any party's performance of all or part of its obligations under the contract. This event includes but is not limited to government actions, natural disasters, wars, network congestion or interruption, hacker attacks or any other similar events) or unforeseen reasons beyond our control (such as third-party maliciously attacking the systems, network failures of telecommunications service providers, etc.) that causes interruption or other defect (fault) of our services, we will do our best to mitigate the loss and impact caused to you, and we do not need to bear corresponding liabilities within this scope.

You have the right to terminate this agreement in any of the following ways:

1. You expressly represent that you are not willing to continue to use our platform services and meet the conditions for termination of this platform.

After the termination of this agreement, unless expressly specified by law, we are not obligated to disclosing any information in your account to you or a third party designated by you. After the termination of this agreement, we still have the following rights:

1. We will stop collecting and using your personal information, but we can continue to save other content and information that you kept on our platform;

2. For your past breaches of contract, we can still hold you accountable for default according to this agreement.

VII. No Solicitation 

Our employees and instructors/lecturers serve as an important supporting force for our survival and development. You may not induce (solicit), request, or invite our employees or teachers to terminate or discharge the service relationships with us in any way during and after the course of using WuKong, or induce (solicit), request, or invite our employees or teachers to accept any position provided by the user or other individuals or organizations introduced by you.

In case of violation, you are liable for liquidated damages to us. The amount of the liquidated damages shall be three (3) times of the previous year's annual salary or remuneration of the above-mentioned person's position before his/her quitting the company. If the liquidated damages are not enough to cover our losses, we have the right to require you to make up for them.

VIII. Privacy Statement  

Protecting your personal information is one of our basic policies. The privacy policy of our platform has been publicized. You can make inquiries as follows:

1. Related content in "Privacy Policy" at the bottom of WuKong's official website page (see: https://www.WuKongsch.com/policy.html)

2. Browse through WuKongAPP [My-Settings-About Us-Privacy Policy]

Without our written consent and authorization, users may not disclose to any third party our technical data, trade secrets and other confidential materials and information known to them as a result of entering into or performance of this agreement in any way. In case of violation, we have the right to unilaterally terminate this agreement immediately and demand compensation from users.

IX. Revision of Agreement  

In order to continuously improve our service experience, we will modify/update the terms of this agreement when necessary, and we will publish the modified content of the agreement on our products. You can refer to the latest version of the terms of the agreement.

If you do not agree to our changes to the terms of this agreement, you have the right to stop using our services. If you continue to use our services, it is deemed that you agree to our changes to the terms of this agreement.

X. Delivery of the Notices  

All our notices to you under this agreement will be delivered through website announcements, emails, mobile phone text messages, or regular mail delivery. Please follow them closely in time.

If you have any question or doubt, you can get in touch with us through our public mailing address, fax number, e-mail address, etc., and we will respond to your needs as soon as possible after receiving it.

XI. Other Provisions  

1. This agreement constitutes a complete agreement between the parties on the matters stipulated in this agreement and other related matters. Except for the provisions of this agreement, no other rights are granted to both parties in this agreement.

2. If any clause in this agreement is completely or partially invalid or unenforceable for whatever reason, the remaining clauses of this agreement are still valid and binding on both parties.

3. If there is any dispute between the two parties on the content of this agreement or its implementation, the two parties shall try their best to resolve it through friendly consultations. If the consultation fails, the two parties agree to arbitrate the disagreement or dispute with the Hong Kong International Arbitration Center.

4. The titles in this agreement are for convenience only and should be ignored when this agreement is interpreted.