Service Terms

Service Terms

Issued on Dec 30, 2016

1. Scope

Any uses of this website (herein called The Platform) provided by DQS Management Systems Solutions (HK) Limited (called DQS-HK in The Platform) and the Platform’s user portal are subject to the Service Terms. DQS Academy is the name of the Platform for functional identification purpose. Please read the following terms carefully before each use. Revisions to these terms may be made by The Platform at any time with or without prior notification. Please visit this page again each time before using or calling up this website. By registering at or logging into the user portal and thereby accessing or using The Platform, these Service terms are accepted in their then current version.

2. Services

2.1

The Platform is a neutral platform service provider. The courses are solely developed and provided by the Service Providers (called Instructors in The Platform), including those totally independent from The Platform. The users shall carefully verify the profiles, legal entity, status, capability, and applicable invoices of the relevant Service Providers before paying for courses at The Platform.

2.2

Certain information, data files, documents, and courses are made available, by The Platform or the independent Course Providers, for viewing, downloading, or studies. The users of The Platform may include, but are not limited to: visitors, subscribers, participators, students or trainees, customers, instructors or teachers, independent course providers, authors, editors, administrators, etc.

2.3

The Platform may limit or discontinue the deliveries of certain courses that The Platform considers not suitable, but the Platform is not responsible for the quality or copyrights of the courses provided by independent course providers.

Any disputes with the independent course providers will be resolved directly with these courses providers without responsibility by The Platform.

2.4

The service of The Platform may be ceased or terminated in full or in part, to certain or all users, at any time without prior notification due to unplanned technical problems or force majeure, or with no less than six months’ prior notification in writing, when possible, due to business decision. For such cease or termination, the users of The Platform agree that the Platform doesn’t need to hold any liability other than the paid amount to the Platform for its services, and agree that the liability will not exceed the amount paid to the Platform for its uncompleted services measured by duration for access, if both parties agree not to continue with the uncompleted services.

3. Registration, password

3.1

Some pages of The Platform are password protected. In the interest of safety and security of the business transactions, only registered users may access said pages. Access to user portal is only granted by The Platform. Any visitor to The Platform may register for the user portal. The Platform reserves the right to deny or cancel registration to any user without cause. The Platform particularly reserves the right to determine certain pages, which were previously freely accessible, subject to registration. The Platform is entitled, at any time and without obligation to give reasons, to deny or cease the user the registration or the right to access the protected area by blocking its user data (as defined below), in particular if the user: used false data for the purpose of registration; didn’t further complete profile with true individual name and organization name; violates these terms of use or neglects its duty of care with regard to user data; violates any applicable laws in the access to or use of The Platform; is complained about using intellectual property of others for the services at the Platform; did not use the user portal for a long period as judged by the Platform; or has terminated the contractual relationship with The Platform.

3.2

The user of user portal shall give accurate information for registration and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The user shall ensure that the e-mail address supplied to The Platform is an address at which the user can be contacted.

3.3

Upon registration the user will be provided with a user ID and a password (“user data”). The user data allows the user to view their data, download files or documents, and to change their user data within allowed scope.

3.4

The user shall ensure that user data is not accessible by third parties and is liable for all transactions and other activities carried out under its user data. At the end of each online session, the user shall log-off from the password protected website. If and to the extent the user becomes aware that third parties are misusing its user data the user shall notify The Platform thereof without undue delay in writing and, as the case may be, by e-mail in advance.

3.5

After receipt of the notice under paragraph 3.4, The Platform will deny access to the password-protected area under such user data. Access by the user will only be possible again upon the user’s application to The Platform.

3.6

The user may at any time cancel their registration by signing out of the user portal, either online or in writing. The paid amount is not refundable. In such event The Platform will remove all user data and other stored personally identifiable data of the user as soon as these data are no longer needed.

4. Rights of use to information, data files and documents

4.1

The use of any information, data files and documentation made available on or via The Platform is subject to these Service Terms. The Platform operates a web portal on its website, which may allow access to course related information or other information. Users may only enter this web portal after having received authorization (log-in data and password) and submitting electronic or written consent.

4.2

The Platform grants user a non-exclusive and non-transferable license to use the information, data files, documentation, and courses made available to the extent agreed, or in the event of no such agreement, to the extent of the purpose intended by The Platform in making same available.

5. Duties of the user

5.1

In accessing or using The Platform, the user shall not: harm other persons, in particular minors, or infringe their personal rights; breach public morality in its manner of use; violate any intellectual property right or any other proprietary right; upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data; upload or input any information containing political topics; transmit, store or upload hyperlinks or contents to which the user is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the user shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

5.2

The Platform may cancel registration or deny access to the user portal at any time if the user breaches any obligation arising from these terms of use.

5.3

The users can buy courses from course providers with the payment approaches provided by or otherwise agreed by the Platform. The users shall take good care of their accounts and payment related information. Any instruction from a user’s account will be deemed that by the user with full responsibilities by the user. If the account information is lost or used in an unauthorized way, the user shall immediately report to relevant service providers.

5.4

The requests for invoices shall be made to the relevant Course Providers without necessary relation with The Platform. The paid service fees are deemed not refundable by default without fault by the service provider in The Platform. If a course is complained and then terminated for false course information, violation to legal requirement, service terms of this Platform, or other contracted requirements, the course provider shall refund the paid fees for the associated courses to the relevant users.

5.5

It’s not necessary that The Platform is workable at all kinds and versions of website browers. The users shall verify their browers’ suitability for The Platform before purchasing a course, and before upgrading their browers. The suitability will not be a reason for payment refund.

6. Hyperlinks

The Platform may contain hyperlinks to the web pages of third parties. The Platform shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as The Platform does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the user.

7. Liability for defects of title or quality

7.1

Insofar as any information, data files or documentation is made available at no cost, any liability for defects as to quality or title of the information, data files and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud. The Platform doesn’t hold liability for loss or damage from using the service or information by The Platform.

7.2

The product/service related contents, prices, dates, or terms posted at the website are for reference only, which are subject to confirmation in writing by The Platform.

7.3

The course providers and users understand and agree that The Platform may cease or terminate the delivery of certain courses with unacceptable contents, unsatisfied quality, or low purchases within 6 recent  months as solely perceived by The Platform, taking into account complaints and ratings by users.  If a course is ceased or terminated in such case, the course provider agrees to refund the paid fees for the associated course to relevant users within 30 days following requests by users. The dispute from the refund will be resolved between the course provider and the relevant users without necessary involvement of The Platform.

8. Other liability, viruses

8.1

The liability of The Platform for defects in relation to quality and title shall be determined in accordance with the provisions of clause 7 of these Service Terms. Any further liability of The Platform is excluded unless required by law. The damages in case of breach of fundamental contractual obligations are limited to the contract-typical, foreseeable direct damage, and within the limitation of direct related service fee paid to The Platform.

8.2

Although The Platform makes every endeavor to keep its website free from viruses, trojan horses and other harmful pro-active systems, The Platform cannot make any guarantee that it is virus-free. The user shall, for their own protection and in order to keep The Platform virus-free, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, data files, media file, or documentation.

8.3

Clauses 8.1 and 8.2 do not intend nor imply any changes to the burden of proof to the user’s disadvantage.

8.4

In case that the Platform’s service is ceased or terminated in full or in part for no more than 5% of the designated duration of access to a course, the users agree that the duration of access will not be extended. If it’s more than 5%, the users can request in writing to The Platform to make extension of the duration of access for a period equivalent to the time of service interruption, and the users agree that the Platform doesn’t need to hold any other responsibilities for it.

8.5

Email messages sent to us over internet cannot be guaranteed to be completely secure. We are not responsible for any damages you incur if you send a message to us, or if we send a message to you at your request, over internet. We are not responsible in any way for direct, indirect, special or consequential damages arising from or in connection with the use of this Site.

8.6

Due to the nature of the internet, messages and transactions may be subject to interruption, transmission blackout, delayed transmission or incorrect data transmission. We are not liable for malfunctions in communications facilities beyond our control that may affect the accuracy or timeliness of messages and transactions you send.

8.7

The Platform does not represent or confirm that there will be no delay, failure, error or omission or loss of information in transmission, that no viruses or other contaminating or destructive properties will be transmitted; and that no damage will occur to other computer system.

8.8

Although The Platform may have back-up function for certain contents, you are solely responsible for adequate protection and back up of your data and files. We do not represent or confirm the accuracy, functionality and performance of any third party software that may be used in connection with this Site.

9. Copyrights and trademarks

9.1

The Platform and other parties (as applicable) own the trademarks, trade names, logos and service marks (“Trademarks”) that are used or displayed in The Platform. No other party is allowed to use any Trademark used or displayed on The Platform, without written permission by The Platform or such other parties. Materials in the Platform are protected by copyright. No party is allowed to modify, reproduce, store in a retrieval system, transmit, copy or distribute these materials (or any part of them), or use them for creating derivative works or in any other way for commercial or public purposes without prior written consent by The Platform or such other parties’ written permission.

9.2

If any parties consider that any content at The Platform violates their rights, please inform The Platform in no time with evidence. Relevant courses providers and users agree that The Platform can take suitable action, such as cease or termination of a course in question, based on reasonable doubts from the evidence provided by relevant parties. If a course is ceased or terminated in such case, the course provider agrees to refund the paid fees for the associated course to relevant users within 30 days following requests by users. The dispute from the refund will be resolved between the course provider and the relevant users without necessary involvement of The Platform.

9.3

The Platform doesn’t hold liability to investigate the truth, or prove illegalization or legalization, and relevant parties agree that The Platform holds the right to remove or maintain the publication of associated content before the right, illegalization, or legalization is determined by suitable parties.

10. Data privacy protection

10.1

For collection, use and processing of personally identifiable data of the user, The Platform shall comply with applicable laws on data privacy protection. By submitting the data, user agrees to have their data processed electronically. Users may rescind their acceptance at any time, but not retroactively. Upon advance written or electronic notification, users are also authorized to review the content and extent of their own data stored by The Platform. For more details please refer to the Privacy Policy at the Platform.

10.2

The Platform would like to point out that the internet is a public communication system and as such subject to new security gaps at any time. In spite of state-of-the-art technology, The Platform does not and cannot know about these gaps beforehand. After cognizance and review of security gaps, The Platform will initiate defensive measures as required.

11. Supplementary agreements, place of jurisdiction, applicable law

11.1

Any supplementary agreement requires written form.

11.2

These service terms of use shall be governed by the laws of Hong Kong. The place of jurisdiction shall be Hong Kong

11.3

The Platform is being operated in accordance with laws in Hong Kong. If user accesses The Platform from outside HK, they are exclusively responsible for compliance with all applicable local laws.

11.4

Where variation exists between Service Terms in different languages, the version in English supersedes others.

 

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