General Terms of Service
Welcome to eChineseLearning. Thanks for using eChineseLearning’s products and services. To ensure a safe non-offensive environment for all of our users we have established these Terms of Service, which explain the rules of use for our site. By accessing any area of eChineseLearning, users agree to be legally bound and to abide by Terms of Service set forth below.
Copyright and Permissions
Copyright in all content on this site is owned by eChineseLearning. No materials on this site may be reproduced, stored, altered or further distributed without our prior written permission.
eChineseLearning does not monitor all activity on this site but reserves the right to do so.
Acceptable Site Uses
- Users are prohibited from violating or attempting to violate the security measures on this site, including, without limitation:
- (1) Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
- (2) Disclosing a password or permitting a third party to use a password or failing to notify eChineseLearning if a password is compromised;
- (3) Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
- (4) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding," "mail bombing" or "crashing;"
- (5) Sending unsolicited E-mail, including promotions and/or advertising of products or service;
- (6) Forging any TCP/IP packet header or any part of the header information in any E-mail or newsgroup posting;
- (7) Hijacking all or any part of the site content, deleting or changing any site content, or linking to the site without our specific written permission.
- General Rules
Users agree to use eChineseLearning only for lawful purposes. Users may not use this site to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.
eChineseLearning has absolute discretion to determine if any use violates these rules, and to act as it deems appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. eChineseLearning will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
eChineseLearning's policy is not to accept or consider any unsolicited ideas or materials of any kind. Do NOT submit any such materials. If you violate this prohibition, we reserve the right to consider all materials submitted as non-confidential and free of any claims of proprietary or personal rights. Such material and all rights will be our property, free and clear of any claims by you or others, and we will be able to use them for any purpose, including advertising and promotion, without compensation or any other obligations to anyone, including you.
It is strictly prohibited to use or contact this site to disrupt or damage the site, its contents or its security measures or to harass or disparage eChineseLearning or its products or service or personnel. No unsolicited E-mail (spam) may be directed to or through this site.
- Your purchased lessons are non-transferable and may not be sold or bartered.
- Money-back Guarantee: Money-back guarantee is for first-time students only (renewal or upgrade does not apply).
- As a first-time student, if you purchase a subscription package that allows you to take a predetermined certain number of lessons per week and are not satisfied with our service, you can cancel your subscription within 1 month. Note that the one-month period starts from the date of your payment (not the date of your first class). You will only be charged for a non-promotional one-month fee and we will refund the rest of the money, if applicable.
- As a first-time student, if you purchase a predetermined certain number of lessons to be completed within a certain period of time and are not satisfied with our service, you can cancel your subscription before the 6th lesson (i.e., you can try out for the first five lessons) or within 10 days (note that the 10-day period starts from the date of your first payment, not the date of your first class), whichever comes first. You will be charged a one-time fee for US$119.99.
- Pay in installments: If you choose to pay in installments, your payments will be billed at the beginning of your subscription and you will be automatically charged for the payment on the same date in the second, third or fourth (if applicable) month. Failure to complete the required installment payment will be considered breach of contract and your service will be discontinued immediately and your payment will not be refunded (unless you cancel your subscription within the allowed period, see the "Money-back Guarantee").
- Payment Method: You can pay by Credit Card, Debit Card, PayPal, bank transfer or other payment methods.
- Cancellation: You may e-mail cancellation request to us at: service@eChineseLearning.com. Please include your Student ID as well as your name, and the e-mail address under which your account currently is registered.
- Schedule lessons: Lesson scheduling is subject to the availability of teachers. Students must schedule lessons at least 24 hours ahead of time. Students must cancel or reschedule lessons at least 24 hours ahead of time. A Student might have to book lessons at a time or choose a teacher that might not be his/her preferred choice.
- While we try our best to accommodate our students' needs, we cannot promise nor guarantee that a student would keep or take lessons with the same teacher over the period of service time.
- Class recordings: Class recordings must be requested within 7 days after the class was conducted.
eChineseLearning Anti-Unfair Competition Agreement
Important information: Please read the eChineseLearning Anti-Unfair Competition Agreement (hereinafter referred to as the "Agreement") carefully before using the eChineseLearning service. Your use of eChineseLearning services means that you agree to be bound by the terms of this agreement.
In this agreement, “eChineseLearning” or “Company” refers to eChineseLearning.com and related apps and applications.
"Service" refers to all related services provided by eChineseLearning to customers. "Customer" refers to individuals, groups, or companies that have purchased services from eChineseLearning, as well as individuals, groups, or companies that are potentially interested in purchasing services from eChineseLearning.
1. The employees and Chinese teachers of eChineseLearning are important business resources of the company. Without the consent of eChineseLearning, Customers are not allowed to make any suggestions or take any actions that may influence eChineseLearning teachers or staff members to provide any paid or unpaid services during their employment period or within two years of their separation.
2. Customers are important business resources of the Company. eChineseLearning forbids and severely punishes any eChineseLearning teachers or employees who offer private paid or unpaid services to eChineseLearning Customers in private during or following their employment. Customers are also not allowed to accept any suggestions or actions of eChineseLearning teachers or employees regarding serving Customers privately during their employment or within two years of leaving their jobs.
3. No Customer shall request, solicit or invite eChineseLearning employees or teachers in any way to terminate their service relationship with eChineseLearning during the service period or following termination of the service. At the same time, no Customer is allowed to request, solicit or invite eChineseLearning’s teachers or staff members during their employment or within two years following their employment to accept any position (regardless of official title, and whether full-time, part-time or temporary) provided by the Customer or other individuals or organizations introduced by the Customer in any way.
4. In order to protect the privacy and interests of all Customers, teachers and staff members, any Customer shall not collect, search for, or solicit personal information, contact information (mobile phone number, email address, Skype account, QQ account, WeChat account, etc.), or eChineseLearning’s business and financial information.
5. Customers should communicate any comments or suggestions to eChineseLearning through proper means, and shall not do anything to maliciously attack or discredit eChineseLearning, or damage eChineseLearning's reputation, including but not limited to spreading false statements through or to any media, online platforms, eChineseLearning employees or other Customers.
6. If a Customer exhibits any of the above behaviors expressly forbidden by eChineseLearning, the following actions may be taken to resolve the situation:
6.1 eChineseLearning will resolutely safeguard its rights through legal means, and ask the Customer to compensate the Company for all economic losses.
6.2 If the Customer and eChineseLearning's teacher or staff member within two years of their employment or resignation privately conduct paid or unpaid services or transactions with each other, regardless of which party proposed the arrangement, eChineseLearning will appeal to the law, demanding corresponding legal consequences and financial compensation.
6.3 If the eChineseLearning teacher or staff member terminated their service relationship with eChineseLearning due in part or whole to the Customer’s request, solicitation, or invitation, the Customer shall not only bear the consequences outlined in 6.1, but shall also pay eChineseLearning a penalty, the amount of which shall be calculated according to the salary of the teacher or staff member at the time when they left eChineseLearning, and shall be equal to three (3) times the annual salary or annual service remuneration of the teacher or staff member.
6.4 If a Customer steals any of eChineseLearning’s internal information or spreads false statements, eChineseLearning shall have the right to request the Customer to delete the relevant false statements, publicly apologize, and make a corresponding financial compensation. eChineseLearning reserves the right to appeal to the law, demand legal sanctions, and demand financial compensation from the Customer for economic losses of and damages to reputation caused to eChineseLearning.
7. Customers must abide by China's "Anti-Unfair Competition Law" and adhere to the Anti-Unfair Competition Agreement with eChineseLearning. The Customer must reject any offer to pay teachers or employees directly.
7.1 Direct payment by the Customer to a teacher or staff member will cause the teacher or staff member to seriously violate China’s Anti-Unfair Competition Law and the Labor Law of the People’s Republic of China, and will bring great legal risks to the Customer and eChineseLearning teacher or staff member. At that time, the Customer and the eChineseLearning teacher or staff member shall bear the corresponding legal consequences and burden of financial compensation.
7.2 If a teacher or staff member requires a Customer to pay them directly, the Customer must report the incident by sending an email to firstname.lastname@example.org or through a voice call or text message to the Skype account audit-committee_echineselearning.
8. If a Customer conducts private transactions with an eChineseLearning faculty or staff member or violates this agreement in any way that causes the Customer to suffer financial or other losses, all consequences shall be borne by the Customer and have nothing to do with eChineseLearning.
9. All terms of this agreement are protected and bound by relevant laws of the People's Republic of China.
10. Special supplement:
If a Customer and an eChineseLearning teacher or staff member are proven to have a private relationship or service or transaction, in addition to the Customer's responsibility delineated in Article 6 above, the eChineseLearning teacher or staff member shall bear the following legal liabilities and be responsible for the following financial compensation:
10.1 Civil Liability: eChineseLearning can request teachers and staff members to compensate eChineseLearning for losses caused by breach of contract or infringement.
10.2 Administrative Responsibility: According to the "People's Republic of China Anti-Unfair Competition Law", if operators or other natural persons, legal persons or unincorporated organizations violate trade secrets, the supervision and inspection department shall order them to stop their illegal activities, confiscate their illegal gains, and impose sanctions, and require them to pay a fine of not less than 100,000 yuan but not more than 1,000,000 CNY; if the circumstances are deemed to especially serious, a fine of not less than 500,000 yuan but not more than 5 million yuan shall be imposed.
10.3 Criminal Liability. For parties who violate the confidentiality agreement and cause serious consequences, the Chinese Criminal Law provides for the crime of infringing on commercial secrets.
Article 219 of the Criminal Law
Anyone who commits one of the following trade secret violations and causes heavy losses to the trade secrets rights holder shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, concurrently or separately with a fine; if particularly serious losses are caused, the violator shall be sentenced to not less than three years but not more than seven years. Imprisonment and shall have a fine imposed:
(1) Obtaining the rights holder’s business secrets by theft, inducement, coercion or other improper means;
(2) Disclosing, using, or allowing others to use the commercial secrets of the rights holder obtained by any the previous methods;
(3) Violating the agreement or violating the requirements of the rights holder regarding keeping, disclosing, using or allowing others to use the business secrets in his possession.
Knowing or being ought to be aware of the acts listed in the preceding paragraph, obtaining, using, or disclosing the trade secrets of others shall be regarded as infringing on trade secrets.
Click here to view cases where Chinese courts have implemented Anti-unfair Competition Law decisions in various countries.
eChineseLearning Answers allows you to:
- Ask questions
- Answer questions
- Post comments on other users' responses
- Proper use of information. You agree that you will use the eChineseLearning Answers in compliance with all applicable local, state, national, and international laws, rules and regulations. Furthermore, you agree that you will not submit questions, answers or suggestions that are unlawful, defamatory, harassing, abusive, fraudulent, obscene, virus contaminated, advertising of certain goods or services, or are otherwise objectionable. You further agree not to submit questions or comments designed to elicit responses that relate to illegal activity or that infringe upon another party's intellectual property rights.
- Use of Information. eChineseLearning Answers shall have the perpetual, non-exclusive right to use, reproduce, modify, edit, translate, publish, display, post, transmit and distribute ("Use") users' questions, comments, and/or the corresponding answers without compensation to you.
- When you use eChineseLearning Answers, you are subject to the eChineselearning Terms of Service.
- Please see eChineseLearning Answers Help if you have questions about this service.
This site as well as these rules, is subject to the laws of the People’s Republic of China.
eChineseLearning.com reserves the right to change the General Terms of Service without notice.
eChineseLearning.com reserves the right for the final interpretation of this General Terms of Service.