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Service Terms

Rev Sep 15, 2017

1.  Scope
Any uses of this website (herein called DQS Academy) and its user portal are subject to the Service Terms. DQS Academy is operated by DQS Management Systems Solutions (HK) Limited (herein called DQS-HK) in Hong Kong. DQS Academy is the name for functional identification purpose, which stands for the training business of DQS-HK. Please read the following terms carefully before each use. Revisions to these terms may be made by DQS Academy 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 DQS Academy, these service terms are accepted in their then current version.

2.  Services
2.1
The courses are provided by DQS Academy, including some in cooperation with other parties. The users shall read the course related terms agreed before payment.

2.2
Certain information, data files, documents, and courses are made available for viewing, downloading, or studies. The users may include, but are not limited to: visitors, subscribers, participators, students or trainees, customers, instructors or teachers, authors, editors, administrators, etc.

2.3
DQS Academy may limit or discontinue the deliveries of certain courses or its contents that DQS Academy considers not suitable.

2.4
The service of DQS Academy 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 DQS Academy agree that DQS Academy doesn’t need to hold any liability other than the paid amount to DQS Academy for its services, and agree that the liability will not exceed the amount paid to DQS Academy 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 DQS Academy 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 DQS Academy. Any visitor to DQS Academy may register for the user portal. DQS Academy reserves the right to deny or cancel the registration to any user without cause, especially those without true name or email information, course subscription, or course purchasing within 7 calendar days after registration. DQS Academy particularly reserves the right to determine certain pages, which were previously freely accessible, subject to registration. DQS Academy 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 DQS Academy; is complained about using intellectual property of others for the services at DQS Academy; did not use the user portal for a long period as judged by DQS Academy, such as 6 months; or has terminated the contractual relationship with DQS Academy.

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 DQS Academy 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 any third parties are misusing its user data the user shall notify DQS Academy 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, DQS Academy 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 DQS Academy.

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 DQS Academy 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 DQS Academy is subject to these Service Terms. DQS Academy 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
DQS Academy 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 DQS Academy in making same available.

5. Duties of the user
5.1
In accessing or using DQS Academy, 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
DQS Academy 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 with the payment approaches provided by or otherwise agreed by DQS Academy. 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 DQS Academy.

5.4
The invoices are normally available to users in electronic format. The paid service fees are deemed not refundable by default without fault by DQS Academy. If a paid service is terminated due to fault of DQS Academy, the users agree that the liability by DQS Academy will not exceed the amount paid to DQS Academy for its uncompleted services, normally measured by duration for access.

5.5
It’s not necessary that DQS Academy is workable at all kinds and versions of website browsers. The users shall verify their browsers’ suitability for DQS Academy before purchasing a course, and before upgrading their browsers. The suitability will not be a reason for payment refund.

6. Hyperlinks
DQS Academy may contain hyperlinks to the web pages of third parties. DQS Academy 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 DQS Academy 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 users.

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. DQS Academy doesn’t hold liability for loss or damage from using the service or information by DQS Academy.

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 DQS Academy.

8. Other liability, viruses
8.1
The liability of DQS Academy 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 DQS Academy 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 DQS Academy.

8.2
Although DQS Academy makes every endeavor to keep its website free from viruses, trojan horses and other harmful pro-active systems, DQS Academy cannot make any guarantee that it is virus-free. The user shall, for their own protection and in order to keep DQS Academy 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 DQS Academy’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 DQS Academy to make extension of the duration of access for a period equivalent to the time of service interruption, and the users agree that DQS Academy 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 website.

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

9. Copyrights and trademarks
9.1
DQS Academy and other cooperating parties, if any, own the relevant trademarks, trade names, logos and service marks (“Trademarks”) that are used or displayed in DQS Academy. No other party is allowed to use any Trademark used or displayed on DQS Academy, without written permission by DQS Academy or such other parties. Materials in DQS Academy 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 DQS Academy or such other parties’ written permission.

9.2
If any parties consider that any content at DQS Academy violates their rights, please inform DQS Academy in no time with evidence.

10. Data privacy protection
10.1
For collection, use and processing of personally identifiable data of the user, DQS Academy 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 DQS Academy. For more details please refer to the Privacy Policy at DQS Academy.

10.2
DQS Academy 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, DQS Academy does not and cannot know about these gaps beforehand. After cognizance and review of security gaps, DQS Academy 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
DQS Academy is being operated by DQS-HK in accordance with laws in Hong Kong. If user accesses DQS Academy 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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