XJTLU Learning Mall

Effective date: 21 May, 2021

1. Confirmation and acceptance of the terms of the Agreement

1.1 Welcome to register and use the products and services (hereinafter referred to as the “Services” or “the Services of XJTLU Learning Mall”) provided by the XJTLU Learning Mall Learning Mall (hereinafter referred to as the “Platform” or “XJTLU Learning Mall”). Please read all the following contents carefully (especially the contents in bold). This Agreement is made by and between you and XJTLU Learning Mall regarding the Services of XJTLU Learning Mall, including the body of this Agreement, the other agreements expressly referenced herein, and the agreements and rules that XJTLU Learning Mall has issued or will issue. All contents of this Agreement are integral to this Agreement and have the same legal effect as the body of this Agreement. Unless otherwise expressly stated, your usage of the Services of XJTLU Learning Mall shall be bound by this Agreement.

1.2 If you choose to “click to agree” to this Agreement or otherwise begin to use the Services of XJTLU Learning Mall, you are assumed to consent to this Agreement and voluntarily accept it in its entirety. You hereby confirm that you shall have the capacity for civil conduct appropriate to your acts as required by the laws of the People's Republic of China to ensure that you are capable of assuming independent responsibility for all your acts in using the Services. If you do not understand this Agreement, or do not agree to be bound by it or by the Privacy Policy, you may not access or use the Service, and you must immediately stop accessing or using the Service. If you do not have the qualifications aforementioned or if you are under 18 years old, please read the terms of the Services under the guidance of your guardian and use the Services after obtaining their consent to your usage of the Services and to the terms of the Services; XJTLU Learning Mall shall be entitled to claim recovery from your guardian if you are held responsible pursuant to the law or this Agreement.

1.3 XJTLU Learning Mall reserves the right to revise and improve this Agreement pursuant to legal norms and reasonable needs of operation, and to announce the revised Agreement on this Platform. If you continue using the Services, you are assumed to consent to and voluntarily abide by the terms of the revised Agreement, and you shall be entitled to terminate your usage of the Services.

2. Definitions

2.1 You: the user who has registered an account and has been approved by XJTLU Learning Mall to watch and learn courses on XJTLU Learning Mall.

2.2 XJTLU Learning Mall: an online educational product that aggregates and manages education, learning and other digital contents produced by XJTLU Learning Mall and owned or operated by XJTLU Learning Mall in cooperation with enterprises and educational institutions. It provides its users with services for the generation, distribution and usage of its educational contents, including but not limited to the web terminal (website URL: learningmall.cn and its related domain names) and its mobile terminals (including but not limited to the updated versions).

2.3 Courses: the course works/products such as videos, audios, texts, images and links provided by XJTLU Learning Mall displayed and shown on the Platform of XJTLU Learning Mall for users to watch and learn. Courses under this definition include both free courses and fee-based courses.

(1) Free courses: courses provided by XJTLU Learning Mall for users to watch and use free of charge.

(2) Fee-based courses: courses provided by XJTLU Learning Mall and are available for users to watch and use for a fee.

3. Account registration and usage

3.1 You can browse the course information on XJTLU Learning Mall. You need to log in to your account or register for an account as approved by XJTLU Learning Mall and log in before watching and studying the courses. Your identity shall only be verified through the account you register at XJTLU Learning Mall.

3.2 You fully understand and agree that you are legally liable for all acts under your registered account, including but not limited to the consequences arising from the contents posted by you and others using your computer, mobile phone and registered account. You shall have your own judgment regarding the contents of the Services and bear all risks arising from the usage of the contents, including risks arising from the reliance on the accuracy, completeness or usefulness of the contents. If you or anyone else using your account uses the Services of XJTLU Learning Mall but infringes others’ civil rights and interests, you shall be liable for infringement and assume other legal liabilities. The user’s legal liability shall take the forms of, but not limited to, compensation to those whose rights and interests have been infringed, and an equal amount of compensation to be given by the user to XJTLU Learning Mall after XJTLU Learning Mall has first assumed responsibility for administrative penalties or tort damages resulting from the user's acts.

3.3 Once registration is completed, you shall keep the relevant account and password properly and be held liable for all activities and acts carried out under that account. You shall be solely liable for any leak, loss or other damages caused by your own acts (including but not limited to transferring your account, sharing it with others, leaking it by yourself) or if your computer or other terminals are infected with a virus or Trojan horse.

3.4 The account registration information of XJTLU Learning Mall includes but not limited to the user’s e-mail account name, mobile phone number, profile photo, password, profile, information entered when you register or update your XJTLU Learning Mall account and information entered when you use an individual service of XJTLU Learning Mall such as the user's name and profile photo. When you register for an XJTLU Learning Mall account, you shall respect guidelines of laws and regulations, the socialist system, national interests, the legitimate rights and interests of citizens, public order, social morals and ethics, and the authenticity of information, and shall not include illegal and undesirable information in your account registration profile. You warrant that when registering and using your account, you shall not do any of the followings:

(1) Releasing words or acts of secession in violation of the Constitution or laws and regulations of the PRC;

(2) Endangering national security, divulging state secrets, subverting state power or undermining the national unity of China;

(3) Harming the honour and interests of China and the public interests;

(4) Distorting, scandalizing, desecrating or denying the deeds and spirit of heroic martyrs; insulting, defaming or otherwise infringing upon the names, portraits, reputation and honour of heroic martyrs;

(5) Promoting terrorism, extremism or inciting the execution of acts of terrorism or extremism;

(6) Inciting ethnic hatred and ethnic discrimination, and undermining ethnic unity;

(7) Undermining national religious policies and promoting evil cults and superstitions;

(8) Disseminating rumours, disturbing social order and undermining social stability;

(9) Disseminating obscenity, pornography, gambling, violence, murder, terror or abetting crime;

(10) Insulting or defaming others, and violating the legitimate rights and interests of others by racial discrimination and gender discrimination;

(11) Containing other contents prohibited by laws and administrative regulations of China;

3.5 XJTLU Learning Mall shall be entitled to review the registration information provided by you. If it is found or reported that the registration information is inaccurate, inauthentic or contains illegal or undesirable information, XJTLU Learning Mall reserves the right not to allow you to register and to terminate your usage of XJTLU Learning Mall. If you fraudulently register your account with fake information or if your account registration data contains infringing, illegal or undesirable information, XJTLU Learning Mall reserves the right to take measures such as notice of the deadline for correction, suspension of use or cancellation of registration. If an account name is registered under the name of another institution or another person, XJTLU Learning Mall reserves the right to revoke the account and report to government authorities.

3.6 Pursuant to applicable laws and regulations and in consideration of the importance of the XJTLU Learning Mall products and services, you shall agree to:

(1) Submit valid and accurate personal information for authentication (including but not limited to mobile phone number and ID number) when registering for an account;

(2) Provide timely, detailed and accurate account registration information and keep registration information up to date so that XJTLU Learning Mall can assist you or serve you better.

(3) Not to open or use the Services for yourself or others for profits by any improper means or in violation of the principle of good faith.

(4) Be responsible for all acts and activities on your account. You shall not sell or lend your account, trade your account, or trade-in credits, points or other virtual assets of XJTLU Learning Mall on your own.

If you violate any of the above, you shall be liable for breach of contract pursuant to these terms of the Services and you shall be held liable for the consequences of being unable to continue using the relevant services of XJTLU Learning Mall.

3.7 Authorization for the usage of an XJTLU Learning Mall account under these terms of Services is limited to the initial applicant for the registration. The initial registrant may not give, lend, rent, transfer or sell the XJTLU Learning Mall account or otherwise license another entity to use the XJTLU Learning Mall account without the written consent of XJTLU Learning Mall. Otherwise, the user shall be solely liable for any liability and consequences arising therefrom; at the same time, XJTLU Learning Mall reserves the right to suspend, discontinue or terminate the usage of the account without notification and to hold the perpetrators aforementioned legally responsible.

3.8 If you discover that your account or password has been illegally used by someone else, or that there is an unusual activity in your login or usage, or that there is a security risk in your account, you are obliged to inform XJTLU Learning Mall immediately and XJTLU Learning Mall will assist you in freezing the account, changing the password or making other security settings pursuant to this Agreement or the laws. You understand and agree that it will take a reasonable amount of time for XJTLU Learning Mall to act on the request and that XJTLU Learning Mall shall not be liable for any consequences that have arisen prior to such action being taken and that have been caused by the user (including but not limited to any loss to the user).

3.9 To protect the security of the users’ accounts and to enable the users to use the Services more securely, XJTLU Learning Mall may continuously upgrade and improve its security technology protection measures. If XJTLU Learning Mall, based on its own judgment, finds that there are or may be security risks such as theft of the user’s account, in order to protect the safety of the user’s account and prevent loss of property, XJTLU Learning Mall may take certain actions such as issuing certain alerts to the user, suspending the user's usage of the account, or taking certain measures when the user logs in or uses the account, including but not limited to requiring the user to verify/change/bind the mobile phone number. You are required to co-operate with XJTLU Learning Mall to protect your account accordingly. You understand and agree that if you refuse or fail to pass an account protection action of XJTLU Learning Mall, XJTLU Learning Mall reserves the right not to reinstate access to that account or to restrict some or all of the functions of that account. You can request a fix for the account aforementioned by contacting XJTLU Learning Mall. For the safety of your account, you shall provide XJTLU Learning Mall with authentic proof of your identity and relevant materials for authentication. You should fully understand that a request for account repair will not be necessarily approved and that XJTLU Learning Mall reserves the right to decide whether or not to approve a user’s request for account repair.

3.10 You may use your XJTLU Learning Mall account on different devices (“Device” includes but not limited to computers, and mobile devices such as mobile phones and tablets, the same below) and you understand and agree that XJTLU Learning Mall reserves the right to set the total number of terminals that a user can use for the same account on different devices and to limit that the same account can only be used on one terminal at a time. If the usage exceeds the above scope, XJTLU Learning Mall reserves the right to suspend or terminate the Services to the user in part or in whole. You are held solely liable for any loss resulting from over-use.

4. Data

4.1 To the extent permitted by laws and regulations, you agree that the ownership of your XJTLU Learning Mall account, as well as the service data and records related to registration and the usage of your XJTLU Learning Mall account, including but not limited to all registration, login and purchase histories, product logs, customer service records and related usage statistics, are vested in XJTLU Learning Mall. Unless otherwise certified, the data stored by XJTLU Learning Mall on its servers is the only valid evidence of your usage of the Services of XJTLU Learning Mall.

4.2 You can back up your own data submitted by yourself in the Platform according to your own needs; if you stop using the relevant services on your own initiative or if the services are terminated or cancelled, XJTLU Learning Mall reserves the right to permanently delete your data from the server. Upon discontinuation, termination or cancellation of the Services, XJTLU Learning Mall shall not be obligated to return any data to you and shall not refund any fees paid by you that have not been spent.

4.3 You understand and agree that XJTLU Learning Mall reserves the right to provide necessary information that you submit to XJTLU Learning Mall or that is stored on XJTLU Learning Mall’s servers when you use the Services of XJTLU Learning Mall to the relevant government authorities upon their request. If you are suspected of infringing the legal rights of another person, XJTLU Learning Mall reserves the right to provide the right holder with the necessary information aforementioned of you when it is initially determined that the suspected infringement exists.

5. Rules for the usage of XJTLU Learning Mall

5.1 You shall not use the Platform to create, copy, release or distribute contents that are prohibited by laws, regulations and policies as follows:

(1) Opposing to the basic principles established by the Constitution of the PRC;

(2) Endangering national security, divulging state secrets, subverting state power or undermining the national unity of China;

(3) Damaging national honour and interests of China;

(5) Promoting terrorism, extremism or inciting the execution of acts of terrorism or extremism;

(6) Inciting ethnic hatred and ethnic discrimination, and undermining ethnic unity;

(7) Undermining China’s religious policies and promoting evil cults and superstitions;

(8) Disseminating rumours, disturbing social order and undermining social stability;

(9) Disseminating obscenity, pornography, gambling, violence, murder and terror, or abetting crime;

(10) Insulting or defaming other persons, infringing on the legitimate rights and interests of other persons;

(11) Inciting illegal assemblies, associations, processions, demonstrations or gathering of people to disturb the social order;

(12) Organizing activities under the name of an illegal non-governmental organization;

(13) Damaging physical and mental health of minors, including those likely to provoke minors to imitate unsafe behaviour, violate social morality and induce undesirable habits and other acts that harm the physical and mental health of minors;

(14) Disseminating commercial advertising, or similar commercial solicitation, excessive marketing and spam;

(15) Releasing meaningless information or deliberately using a combination of characters to avoid technical censorship for the purpose of country division, racism and sexism;

(16) Contents that are prohibited by laws or administrative regulations, or otherwise harm public order and morality.

5.2 You shall not use the Platform to create, reproduce, release or distribute contents or do activities that interfere with the normal operation of the Platform or infringe the legitimate rights and interests of other persons or the third parties, including but not limited to, the following:

(1) Forcing or inducing other users to follow, click on linked pages or share information;

(2) Producing, releasing, operating or distributing methods or tools related to the acts aforementioned, whether or not for commercial purposes;

(3) Intentionally producing and disseminating computer viruses and other destructive programs, as well as trespassing other people's networks, interfering with the normal functions of other people's networks, stealing network data and other acts that endanger network security;

(4) Providing others with programs or tools specifically designed to engage in network trespassing, interfering with normal network functions and protective measures, stealing network data and other activities that endanger network security, or providing technical support, advertising and promotion, payment and settlement assistance to others knowing that they are engaged in activities that endanger network security;

(5) Misrepresenting facts or covering up truth in order to mislead or deceive others;

(6) Establishing websites and communication groups for fraud, teaching criminal methods, producing or selling prohibited or controlled substances and other illegal or criminal activities;

(7) Publishing, transmitting, distributing or storing contents that infringe the legal rights of others such as right of reputation, right of portrait, personal privacy, intellectual property rights, commercial secrets, etc., and engaging in other acts that infringe the legal rights of others;

(8) Repeatedly using abusive language, seriously disrupting the classroom order, threatening verbal abuse and harassment of the teacher in the usage of the course services;

(9) Malicious bulk bad reviews, malicious harassment of customer service staff, inciting other users to refund, impersonating staff of XJTLU Learning Mall, etc;

(10) Releasing, transmitting or distributing harassing information;

(11) Interfering with or disrupting the normal operation of the Services of XJTLU Learning Mall, and other acts that endanger the security of the computer information network;

(12) Using the Platform to engage in any illegal or criminal activity;

(13) Other violations of any applicable laws, rules, regulations, ordinances and other norms having the force of law, as well as all other rules and procedures of XJTLU Learning Mall.

5.3 Unless otherwise permitted by laws or with the written consent of XJTLU Learning Mall, you shall not, in the course of using the Services of XJTLU Learning Mall, do any of the following:

(1) Deleting information related to intellectual property rights from the applications of XJTLU Learning Mall, product service contents and their copies;

(2) Reverse engineering, reverse assembling, reverse compiling, or otherwise attempting to discover the source code of the applications of the Services of XJTLU Learning Mall;

(3) Selling, renting, transferring, copying, modifying, linking, reproducing, compiling, releasing, distributing, mirroring or otherwise making available to third parties (including but not limited to, natural persons, legal persons or other organizations) other than yourself, the contents of which XJTLU Learning Mall owns the intellectual property rights.

(4) Accessing the computer information network or system or using the computer information network resources served by XJTLU Learning Mall.

(5) Copying, deleting, modifying, making insertion to, mounting, or making derivative works of any application, functions and instructions in execution of XJTLU Learning Mall, as well as any data that are stored in, processed or transmitted by XJTLU Learning Mall, including but not limited to: using plug-ins or any tool or service provided by a third party to get access to XJTLU Learning Mall's services and systems; or operate or disseminate the software and methods used for the above purposes, whether or not the operate and distribution are for commercial purposes;

(6) Using software, plug-ins or systems that are not developed or authorized by XJTLU Learning Mall to log in to or use services provided by XJTLU Learning Mall, or develop, release and distribute such software, plug-ins or systems;

(7) Hacking into, installing Trojan viruses in and stealing and modifying data in XJTLU Learning Mall’s applications, application components, modules and data, or causing such hacking, virus installing, data stealing and modification to be done by another person or third-party software;

(8) Conducting promotional campaigns for a third party, including but not limited to providing links to a third-party website and advertising for a third party on the Platform without the written consent of the XJTLU Learning Mall;

(9) Conducting activities that are not expressly authorized by XJTLU Learning Mall.

5.4 You represent and warrant that you shall use the original courses of XJTLU Learning Mall. Without the consent of the Learning Mall, you shall not use the services provided by XJTLU Learning Mall for sale or other commercial purposes. If you intend to use the services provided by XJTLU Learning Mall for commercial purposes, you shall send the Learning Mall a written notice and obtain the Learning Mall’s express authorization for such usage.

5.5 If you are in breach of this Agreement, XJTLU Learning Mall shall take one or more of the following measures against you depending on the nature of the breach:

(1) Removing your contents that are against the rules of XJTLU Learning Mall;

(2) Terminating your right to use the subscription services;

(3) Restricting, suspending or terminating your usage of all or part of the services provided by XJTLU Learning Mall;

(4) Requiring you to return all the benefits obtained through such means as selling, assigning and licensing of the services provided by the Learning Mall;

(5) Freezing or shutting down your account;

(6) Other measures that are deemed reasonable by XJTLU Learning Mall;

5.6 You shall be held liable for all the loss sustained by XJTLU Learning Mall or a third party by reason of your breach. Your liability for breach includes without limitation to indemnifying the party that sustains loss for your breach; be liable for all the loss sustained by XJTLU Learning Mall for your breach as a result of administrative penalty or tort claims. The remaining amount, if any, in your account shall be withheld by XJTLU Learning Mall, and the Learning Mall is entitled to recover from you the remaining balance if such amount is not sufficient to cover the loss sustained by the Learning Mall by reason of your breach.

5.7 If you purchase or receive from a third party any services or contents when exercising your rights as provided in this Agreement, XJTLU Learning Mall shall not be held liable for any dispute arising out of such contents or disputes, and you may make a claim against such a third party.

5.8 XJTLU Learning Mall does not make any express or implied warranty on the contents provided by XJTLU Learning Mall for its fitness for a particular purpose. Unless otherwise expressly stated in writing, XJTLU Learning Mall makes no warranties of any kind concerning the accuracy, completeness and reliability of any contents that you obtain, whether directly or indirectly, from the Learning Mall; these contents include without limitation to audios, advertisements, information about users and service providers, and user reviews.

6. Fees and Charges

XJTLU Learning Mall may offer subscription services, which are not limited to paid courses and other value-added services provided by the Learning Mall.

6.1 You understand and accept that JTLU Learning Mall provides subscription services on a pay-as-you-go basis and you shall pay fees in full and in a timely and legal manner before obtaining such services. You are entitled to choose payment methods that are recognized by XJTLU Learning Mall, and you understand and accept that payments to the Learning Mall are made through licensed payment service providers other than the Learning Mall; the Learning Mall shall not be held liable for the terms and conditions for such payment services.

6.2 Your payments to XJTLU Learning Mall to obtain subscription services shall not be protected by the Learning Mall unless they are made through legal channels approved by XJTLU Learning Mall. If you have not paid the price of a service stated on the Learning Mall for your access to such a service, or your access to the service is not obtained from the official website of the Learning Mall, the Learning Mall is entitled to restrict, suspend or terminate your login and usage of the service and stop providing any service to you and the Learning Mall shall not refund any fees or charges you’ve paid.

6.3 Before subscribing to the paid services provided by XJTLU Learning Mall, please read this Agreement carefully, examine the information about your subscription, including but not limited to the contents, start times, length and pricing of the courses, and follow the given instructions for confirmation. XJTLU Learning Mall may place limits on subscription services in terms of the length and times of usage, and you may need to re-subscribe to the services if those limits are exceeded. Upon your subscription, you shall be deemed to have accepted the price as indicated, and the services you subscribed to shall be available to you immediately or at a time as agreed upon. XJTLU Learning Mall may modify or change the terms and conditions concerning the offered services, such as users’ privileges, pricing and the ways services are provided; such modifications and changes will be displayed accordingly on the service pages.

6.4 Please make sure you know about the price and the methods of payment for the paid membership services provided by XJTLU Learning Mall before you access and use such services. The type, price and contents of membership services are subject to what is provided on the service pages. You may select the services according to your needs.

6.5 XJTLU Learning Mall makes no warranty, express or implied, concerning the suitability, reasonableness or purpose fitness of the prices of the subscribed services. Make sure you read the introductions and descriptions about our products and devices before purchase.

6.6 XJTLU Learning Mall provides after-sales services to users who purchase courses on the Learning Mall in accordance with the agreements and rules indicated on the Learning Mall’s website to improve user experience.

6.7 You shall complete your courses within the specified time frame after your purchase on XJTLU Learning Mall. If your courses expire, XJTLU Learning Mall does not support your request for refund or re-access to the courses.

6.8 You understand and agree that XJTLU Learning Mall may, without prior consent from you, change the contents or functions of the subscription services from time to time for reasons including but not limited to course contents and course schedule updates.

6.9 XJTLU Learning Mall does not support course refund after your purchase, provided that your access to the course is terminated, suspended in part or in full, or your login or usage of the services is restricted or suspended for violating the rules of the Learning Mall. XJTLU Learning Mall shall not refund any fees or charges you’ve paid for the Learning Mall’s courses if your usage of the services or login is terminated in full.

6.10 XJTLU Learning Mall shall not be liable for refunding any fees or charges you’ve paid for reasons other than those caused by the Learning Mall.

7. Privacy Policy

XJTLU Learning Mall respects your privacy and is committed to protecting it through XJTLU Learning Mall Privacy Policy. XJTLU Learning Mall will collect, store, use, disclose and protect your personal information pursuant to the Privacy Policy. Please read this policy carefully, as it will help you better protect your personal information.

If you are under 18 years old, please read XJTLU Learning Mall Privacy Policy with your guardian, and seek consent and guidance from your guardian before providing your personal information and using the services offered by the Learning Mall.

8. Ownership of Intellectual Property

8.1 All the XJTLU Learning Mall products that are involved in the provision of services and the intellectual property rights of related software are owned by the Learning Mall.

(1) Ownership and intellectual property rights: the intellectual property rights (including copyright, trademark and patent) of all the contents on XJTLU Learning Mall, including but not limited to texts, software, application designs, user interface designs, accounts, audios, videos, web frameworks, web designs, courses and course materials provided by the Learning Mall are owned by the Learning Mall or their rights holders. You shall not use, modify, copy, record, distribute, alter, disseminate, release, sell, reproduce or recreate any of the above-mentioned contents without the written consent of XJTLU Learning Mall or other rights holders. You agree that XJTLU Learning Mall and other rights holders are entitled to recover from you all the losses caused by your breach of this privacy policy.

(2) All the names of the XJTLU Learning Mall’s products and services are trademarks held by the Learning Mall (hereinafter referred to as “Marks”). Without the prior written consent of XJTLU Learning Mall, you shall not use or otherwise manipulate in any manner the Marks and other logos or marks to which the Learning Mall has related rights, nor should you represent to others that you have the right to use the Marks of the Learning Mall.

8.2 XJTLU Learning Mall respects the intellectual property rights of others and is committed to protecting your rights. You may need to provide contents to XJTLU Learning Mall through uploading, posting or in other manners when using the Learning Mall's services, and you have the intellectual property rights to all of such contents. You warrant that all the contents (including but not limited to texts, pictures, audios, videos, source codes and other forms of contents are that protected by Intellectual Property Law) that you upload to XJTLU Learning Mall when using the Learning Mall's services are original or have been legally licensed. By providing these contents, you grant XJTLU Learning Mall a worldwide, royalty-free license to use, distribute, reproduce, modify, sublicense, translate, adapt, create derivative works from, publish, perform and present such contents. You hereby authorize XJTLU Learning Mall or a third party to take legal actions on your own behalf against other users who upload or post contents that infringe your intellectual property rights; these actions include without limitation to filing complaints, lawsuits or other measures deemed necessary to protect your rights.

8.3 You accept that if XJTLU Learning Mall discovers or receives reports or complaints that your activities on the Learning Mall violate applicable laws and regulations or the provisions as provided in this Agreement, the Learning Mall is entitled to, at its sole discretion, restrict, suspend and terminate your usage of the Learning Mall’s services and store such contents in accordance with applicable laws and regulations to report to related agencies. All the loss thus incurred (including but not limited to interruption in communication, unavailability of services or products, such as materials, email notification, virtual assets, data and value-added services) shall be borne by yourself, and the money you top up to your user account shall not be returned by the Learning Mall.

9. Miscellaneous

9.1 You understand and agree that given the instability of the Internet, the provision of the Learning Mall’s services may be suspended by the following events, upon which the Learning Mall shall not be deemed in breach of this Agreement, and shall not be held liable for the loss you sustain by reason of such suspension.

(1) Force majeure events include without limitation to: natural disasters, wars, riots, epidemics, changes in laws, regulations or acts of government, network disruptions caused by reasons like network failures of domestic or foreign telecom operators, failure of telecom links, technological change made by telecom departments, Internet coverage restrictions, technical issues of computers or Internet, computer viruses, cyber-attacks and hacking, or other circumstances that cannot be foreseen, avoided and overcome;

(2) Suspension of the provision of XJTLU Learning Mall’s services due to server room maintenance, repair of equipment and the upgrade and optimization of system;

(3) Unavailability of services, login failure, data synchronization failure, slow-loading pages and other similar events caused by network problems such as unstable Internet connection, low bandwidth, Internet congestion and system or equipment failure;

(4) Suspension or termination of services caused by you or a third party, including your improper operations, software and hardware failure of any third party’s products or services.

9.2 XJTLU Learning Mall may contain links to other websites operated by third parties; unless otherwise stated, the Learning Mall has no control over the services provided on those websites, and shall not be liable for any loss or damage arising from downloading, distributing, usage or reliance upon the websites aforementioned or resources posted on those websites.

9.3 To the fullest extent permitted by applicable laws, XJTLU Learning Mall shall not be held liable for any incidental, indirect, special or consequential damage or claim arising out of or relating to the usage of the Learning Mall’s products and services, including but not limited to monetary loss or damages resulting from personal injury, breach of privacy, failure to perform duty of good faith and reasonable care and negligence. To the fullest extent permitted by applicable laws, XJTLU Learning Mall disclaims all warranties, express or implied, relating to the Learning Mall’s products and services, including but not limited to any warranty and liability relating to merchantability, fitness for a particular purpose, reliability, accuracy, completeness, computer viruses and errors-free. Unless otherwise provided by laws or regulations, you shall only recover from XJTLU Learning Mall an amount not exceeding the fees or charges that you have paid (if any) to the Learning Mall, regardless of the causes of damage. To the fullest extent permitted by applicable laws, XJTLU Learning Mall disclaims any of the following representation or warranty relating to: (A) the fitness for a particular purpose of you when using the Learning Malls services; (B) the usage of the Learning Mall’s services is continuous, uninterrupted, always available and free from risks or failures; (C) the accuracy and reliability of the information the User obtains while using the related services; (D) the correction of any operation failure or functional defect of the software provided to you as part of the Learning Mall’s services.

9.4 Suspension, Interruption and Termination of Services: XJTLU Learning Mall is entitled to change the services provided to you, or suspend, interrupt or terminate your access to the Learning Mall’s services for reasons including the Learning Mall’s business policies, administrative or judicial orders, service security, normal usage of services and data security of other users, infringement claims, or because your acts are suspected by the Learning Mall, at its discretion, of breaching this Agreement or violating applicable laws and regulations.

9.5 All notifications sent to you shall be delivered through user messages, site messages, phone calls, e-mails, mails, or placed on prominent positions on the Platform. Notifications about any modification to this Agreement, change in services or terms or other issues shall be sent to you through one of the channels aforementioned. Meanwhile, XJTLU Learning Mall shall reserve the right to place commercial advertisements and texts on the Platform in long term and on multiple occasions, including but not limited to telemarketing, placing commercial advertisements on the Leaning Mall’s website, the login page and any pages after login, sending commercial advertising messages and emails to users, and attaching commercial advertisements and/or ad links in emails sent to users. XJTLU Learning Mall shall perform its obligations concerning advertising and promotion in accordance with applicable laws; you shall, at your sole discretion, assess the accuracy and reliability of these advertisements and promotions and be liable for your own assessment. Unless otherwise provided by laws or regulations, XJTLU Learning Mall shall not be liable for any damage or loss arising from any purchase or other transaction as a result of these advertisements or promotions.

9.6 XJTLU Learning Mall may, from time to time, upgrade its services or products for security reasons and functional consistency. You shall upgrade the software to its latest version or otherwise, XJTLU Learning Mall does not make any warranty on the normal usage of services.

9.7 XJTLU Learning Mall shall use its reasonable efforts to maintain the security and convenience of its services, but shall not be held liable for any deletion or storage failure of contents in using the Learning Mall’s services, including but not limited to contents that you have posted.

9.8 To the extent permitted by applicable laws and regulations, XJTLU Learning Mall shall not be held liable for any indirect, punitive, special or consequential loss or damage arising out of or relating to the terms and conditions of this Agreement.

9.9 This Agreement shall be construed in accordance with the laws of the People’s Republic of China without regard to principles of conflict of laws. If there is any contradiction between the laws of the People’s Republic of China and the provisions of this Agreement, the laws of the People’s Republic of China shall prevail; such provision or provisions shall be modified or reconstrued in accordance with applicable laws, and shall not affect the legal validity of the rest of this Agreement.

9.10 Any dispute arising from the usage of the XJTLU Learning Mall’s services, or disputes arising from or relating to this Agreement shall be settled through negotiation. In the event that a dispute cannot be resolved through negotiations, you accept that the dispute shall be submitted to the Suzhou Arbitration Commission for arbitration, conducted before 3 arbitrators in accordance with the rules of the Suzhou Arbitration Association then in effect. The decision of the arbitrators shall be final and binding upon both parties.

9.11 No failure or delay on the part of XJTLU Learning Mall in exercising any right set forth in this Agreement or available at law, or partial exercise of any of such right, shall operate as a waiver thereof and preclude the exercise of any of such right in the future.

9.12 If you have any questions about the provisions of this Agreement, please send an e-mail to: help@learningmall.cn.