BHM Services Agreement -2020
welcome to use BHM products and services!
If you wish to read and abide by the BHM Service Agreement (hereinafter referred to as "this Agreement ") and the Privacy Policy, you are requested to read carefully and fully understand the provisions, in particular those that exempt or restrict liability, dispute resolution and applicable legal provisions. We specifically remind you that you should focus on the terms of exemption or limitation.
After you fill in the information, read and agree to this agreement and complete the full registration procedure according to the registration page prompt, or after you fill in the information, read and agree to this agreement and complete the full activation procedure according to the activation page prompt, or when you actually use this service in a way other BHM allows, that means that you have fully read, understood and accepted the full contents of this agreement, this agreement is legally binding. As you undertake to accept and abide by this Agreement, you shall not claim that this Agreement is null and void or require its revocation on the grounds that you have not read the contents of this Agreement or have not obtained BHM answers to your queries.
I. SUBMISSION OF AGREEMENT
this agreement is concluded by users (hereinafter referred to as "user" or "you ") who use BHM services through www.beihaimandarin.com (referred to as" BHM "") website, mobile client, wechat Mini Programs and PC end application software, and others (hereinafter referred to as "user" or "you ") with shanghai yi zhongwen education technology co., ltd (hereinafter referred to as" YZW company "," BHM "or" us ").
II. Content and validity of the agreement
1. the contents of this agreement include the text of this agreement and all privacy policies, policies, rules, statements, notices, warnings, prompts, notes (hereinafter referred to as "rules ") that we have issued or may issue in the future. The foregoing rules are an integral part of this Agreement and have the same legal effect as this Agreement.
2.YZW company has the right to formulate and modify this agreement and related rules from time to time as necessary. the changed agreement and rules will be notified to you through YZW official website (link: www.beihaimandarin.com) in the form of seven (7) days notice in advance, and after the announcement is completed, the original agreement and rules will take effect.if you disagree with the relevant changes, you should immediately stop using BHM services; if you continue to use BHM services or engage in any website activity, it means that you have accepted the revised agreement and rules.
III. Content of services
1.BHM products and services include YZW websites (domain name beihaimandarin.com), BHM client App and mobile web pages (domain name beihaimandarin.com), and WeChat Mini Program (BHM photo taking, BHM check-in, BHM interaction), and integrating some of the functions/services as third-party services in affiliated companies (see definitional terms) and/or other third-party smart hardware, software or services (" BHM services "), as specified by YZW company).YZW company will constantly enrich the terminal, form and so on that you use this service. if you have registered to use one form of service, other services may be used in the same account. this agreement automatically applies to your use of all versions of software and services.
2.YZW Company, in accordance with this Agreement, the BHM Privacy Policy and other applicable rules, permits you to make non-transferable, non-exclusive use of BHM software. You can make a copy of this software for backup only. a backup copy must contain all copyright information contained in the original software. all other rights not expressly authorized in this article and other terms of this agreement are still reserved by YZW company. you are required to obtain the written permission of YZW company in the exercise of these rights.YZW company does not constitute a waiver of any of these rights if it fails to exercise them.
3. the content of this service includes technical functions such as supporting video micro-lessons, video training, video conference teaching, interactive live teaching and so on. These functional services may be optimized or modified as a result of different service versions, or unilateral judgment of the service provider, or suspended due to regular, irregular maintenance.
4.YZW company has the right to change, upgrade, modify, transfer any part of the service or service and its related functions, application software at its own discretion, and to make a public notice on the YZW website (beihaimandarin.com).
5. the written authorization of the enterprise organization, you can apply for the administrator account on behalf of the enterprise organization. After passing the YZW company audit, you can upload and manage the sub-account of the enterprise organization of your enterprise through the administrator account, invite the members in the enterprise to join the corresponding enterprise organization group, and realize the training, learning interaction, collaborative teaching and other scenes of the members in the enterprise organization through the BHM service. Before managing the identity of your business organization members, the business organization and the authorized business administrator should fully explain to your business organization members the BHM related services opened based on the business management needs.
6. if you accept an invitation to be a member of an enterprise organization when using this service and maintain that identity, you can enjoy the work circle service content BHM provide to the enterprise organization and its members, including member transcripts, voice services, application services, etc .(whichever is the actual enterprise version of the learning platform function provided by YZW company and the opening of an enterprise organization or group). Your business organization and its administrators manage your business organization membership and related interests based on that identity, based on business management requirements, including, but not limited to, joining, deleting, and adjusting permissions and restricting service content. you guarantee to use BHM services in accordance with the authorized scope and specifications of the enterprise organization while complying with the BHM service specifications.
Registration and Account Management
1. you confirm that you should be a natural person, legal person or other organization with full capacity for civil rights and capacity to act in accordance with the civil act performed when you complete the registration process or actually use the service in a manner permitted by other YZW companies.If you do not possess the above subject qualification, do not use the service, otherwise you and your guardian should bear all the consequences arising therefrom, and YZW company has the right to cancel (permanently freeze) your account and claim against you and your guardian.you declare and guarantee that you have been fully authorized and have the right to register for the use of BHM services on behalf of an enterprise, organization or other legal subject or to use this service in a manner permitted by other YZW companies and subject to this agreement.
2. you can register as an account using the email address you provided or confirmed or other means BHM allowed, you should submit true, accurate, complete and current identity and other relevant information when you register, while the system will automatically assign you a BHM interactive number that currently does not provide personalized customization. As you understand and agree, you undertake to register account names, avatars and profiles without illegal or bad information, not to impersonate others, not to register accounts for others without permission, not to register accounts in a manner that may lead to other users' misidentification, not to use user names that may infringe others' rights and interests (including not limited to suspected trademark rights, rights of reputation infringement, etc.), otherwise YZW company has the right not to register or stop the service and withdraw the account number, and the losses arising therefrom shall be borne by you.
3. you understand and agree that the ownership of BHM registered account (including client account and service management account) belongs to YZW company, after registration, you only get the right to use the account.The right to use BHM account belongs only to the initial registrant, and may not be transferred or provided to others in any way. Otherwise, YZW company has the right to withdraw the account immediately without notice, and the resulting loss of all data, information, etc. due to your use of this service is emptied, lost, etc., at your own expense.
4. after you have successfully registered, BHM will identify your identity and authorize login based on your identity elements. "Identity elements" include but are not limited to your account name, password, SMS verification code, mobile phone number, ID number and face information, eye print information. you agree that based on different terminals as well as your usage habits, BHM may take different verification measures to identify you. For example, if your account is logged in for the first time on a new device, we may confirm your identity by password plus SMS authentication or face authentication. Please be sure that you have proper custody of your terminal and account, password and/or identity element information and are fully responsible for all activities undertaken using that account and password/identity information, including, but not limited to, online click consent or submission of various rule agreements or purchase services, sharing information or pictures, initiating videoconferencing, live broadcast, etc.you undertake to notify the YZW company immediately in case of unauthorized use of the password or account, or any other security issue, and you agree and confirm that, unless otherwise provided by law, YZW company is not liable for any loss or damage, direct or indirect, arising from the above circumstances.your account, password may not be transferred, given or inherited in any way (except for property rights and interests related to the account) unless otherwise provided by law or judicial decision and with the consent of YZW company.
5. you understand and agree that if you have not logged in for more than 12 months after you registered BHM account, YZW company has the right to recycle the account for the purpose of optimizing management, etc.
6. if you cancel the BHM or stop using the service, YZW company has the right to process the account content and information by itself, including but not limited to deletion, without any liability to the user; Where the account is an administrator account, the YZW company has the right to cancel and delete the administrator account and all information and related interests of the member of the communication record based on the enterprise, including, but not limited to, the dissolution of the service relationship with the enterprise, the dissolution of the sub-account association of the enterprise, the cancellation of the rights and interests of the member of the enterprise version related to the enterprise, the deletion of all information in the administrator account, the deletion of all information of the member of the enterprise communication record based on the enterprise, etc. You or the enterprise organization you represent also have the obligation to delete all enterprise information stored on the BHM server in a timely manner.
V. Specification for the use of services
1. you fully understand and agree that BHM only provide online service platforms for users, you should take responsibility for all the actions and outcomes that you have engaged in using online services. Accordingly, you should understand that the use of BHM services may occur from the risk of illegal or improper behavior (or information) of others, you should judge and act on your own, and bear the corresponding risks.
2. you should bear the cost of using the service, including, but not limited to, Internet traffic charges, communication services, etc.
3. Unless otherwise stated, services under this Agreement may only be used for non-commercial purposes. you undertake not to copy, copy, sell, resell or use for, including, but not limited to, advertising and any other commercial purposes, any part of this service or its use or acquisition.
4. you undertake not to use this service for any illegal or improper activities, including but not limited to:
4.1 Upload, transmit or share information containing one of the following:
(a) Oppose the fundamental principles established by the Constitution;
(b) endangering national security, revealing state secrets, subverting state power and undermining national unity;
(c) damages the honour and interests of the State;
(d) Incitement to national hatred, discrimination and the undermining of national unity;
(e) Those who undermine State religious policies and promote cults and feudal superstition;
(f) spreading rumors, disturbing social order and undermining social stability;
(g) spreading obscenity, pornography, gambling, violence, murder, terror or abetting a crime;
(h) insulting or slandering others and violating their lawful rights;
(i) contains false, fraudulent, harmful, coercive, infringing upon the privacy of others, harassment, assault, slander, vulgarity, indecency, or other morally repugnant content;
(j) contains laws, regulations, rules and regulations applicable to the national jurisdiction law of China or its country in which you are located, as well as any other content restricted or prohibited by any norms having legal effect;
4.2 To impersonate any person or institution, or to make a false statement or falsely claim to be connected with any person or institution;
4.3 Falsification of the title or other manipulation of the identifying information, which may be mistaken for being transmitted by YZW or its affiliates;
4.4 To upload, transmit or share any content known to, but not authorized to transmit, under any law or contract or legal relationship (e.g. internal, exclusive and confidential information known or disclosed as a result of employment relations and under a confidential contract);
4.5 To upload, transmit or share the contents of intellectual property, including, but not limited to, copyright, patent rights, trademark rights, trade secrets, etc., suspected of infringing upon the rights of others;
4.6 Tracking or otherwise harassing others, or sending large amounts of information to friends or other users through this service;
4.7 Upload, transmit or share any advertising, promotional information, promotional materials ," spam "," promissory notes "," chain letters "," direct sales "or any other form of solicitation; except for special areas or special functions for the purposes mentioned above;
4.8 As this service is not designed for specific purposes, you may not use it in important areas including, but not limited to, nuclear facilities, military uses, medical facilities, transportation and communications. If the loss of life, property and environmental damage caused by the failure of the operation caused by the software or service, the YZW company shall not bear legal liability;
4.9 Conduct any conduct that is beyond the normal purpose of internal or external communication and communication between friends or users;
4.10 To create a relationship of concern with other users by adding or inducing others to add them by themselves (including, but not limited to, one-way and two-way relationships) for purposes other than normal concerns or internal or external communication and communication between users (including, but not limited to, sending information such as advertising, garbage, harassment or violations);
4.11 Violations of the "seven bottom lines" of compliance with laws and regulations, socialist systems, national interests, citizens' legitimate interests, public order, social morality and information authenticity;
4.12 To engage in any violation of Chinese laws, regulations, rules, policies and normative documents.
5. you undertake not to engage in the following actions:
5.1 Upload, post, send e-mail or otherwise transmit information about software viruses or other computer codes, files and programs that interfere with, disrupt or restrict the functions of any computer software, hardware or communication equipment;
5.2 Interrupt or disrupt servers and networks connected to or connected to this service or violate any regulations, procedures, policies or specifications relating to this service connection network;
5.3 Add, abridge, alter the function or effect of the software by modifying or falsifying instructions, data in operation, or by operating or disseminating to the public software or methods used for the above purposes, whether or not these acts are for commercial purposes;
5.4 Access to or use of software and services through third-party software, plug-ins, plug-ins, add-ons, systems developed and authorized by non- YZW companies, or the production, distribution and dissemination of the above-mentioned tools;
5.5 Interference with the software and its components, modules, data, etc. by self-authorizing or using third-party software.
6. you promise that you will strictly abide by this agreement when using BHW services.
7. you agree and accept that YZW company has the right to review, monitor and act on your use of the service, including, but not limited to, deleting information, suspending or terminating the service, and reporting to the relevant authorities.
8. you undertake not to use this service in any form to infringe the commercial interests of YZW company or to engage in any act that may cause harm to BHM or be detrimental to BHM.
9. you understand and agree that, in the course of your use of BHM services, YZW the company and its affiliates send you advertising, promotion or promotional information (including commercial or non-commercial information) on their own or by other third-party partners, the company will perform the relevant obligations to advertisers in accordance with the provisions of the law (including providing you with the function of choosing to close the advertising information), you should judge the authenticity and reliability of the advertising information and be responsible for your own judgment behavior; Except as expressly provided by law, the YZW Company shall not be liable for any loss or damage you have suffered as a result of the transaction made in accordance with the advertising information or the content provided by the aforesaid advertiser.
You should add, designate or change your management member and/or sub-administrator account as an enterprise organization user and be responsible for the actions of the management member; BHM the adjustment of the service of the member of the enterprise organization in accordance with the actions of your administrator/sub-administrator account is also your responsibility, you should compensate YZW company or others for the loss caused by the actions of your administrator/sub-administrator account.
11. If you set up course fees and appreciation functions in BHM, you should carry out teaching activities in accordance with the provisions of normative documents, such as laws and regulations, and do not use fees and appreciation functions in an illegal manner to collect and pay fees for non-course services, transfer money, or use course fees and appreciation functions for the implementation of illegal activities, such as gambling, illegal absorption of public deposits, fund-raising fraud, pyramid selling and other illegal and criminal acts, or provide assistance for illegal and criminal acts. If the loss is caused to YZW company or others, you shall compensate.
12. You fully understand and agree that you must be responsible for all actions under your registered account, including any content you publish and any consequences arising therefrom. You should judge the content and services you are exposed to when using this service and take all the risks associated with the use of content and services, including reliance on the correctness, completeness or practicality of the content.YZW Company can not and will not be liable for any loss or damage caused by your aforementioned risk.
If YZW Company finds or receives a report of a violation of this Agreement, YZW Company shall have the right to verify, notify, delete and shield the relevant report contents in accordance with the relevant laws and regulations, and to take such measures as including, but not limited to, account withdrawal, restriction, suspension, termination of your use of part or all of this service and legal liability.
VI. SERVICES COSTS
1. any free trial or free function and service of this service shall not be deemed to YZW the right of the company to waive subsequent charges.YZW company has the right to notify you of the rates and the manner of charges by notice on YZW website and/or BHM service application 7 days in advance. Should you continue to use the relevant BHM services, you will be required to pay the corresponding fees according to the rates announced by YZW company.
2. all expenses need to be paid in advance by BHM accepted payment method. The said fee does not include any other taxes, fees or related remittance expenses, otherwise you should make up the payment or pay the fee on your own.
3.BHM have the right to adjust the fee standard and charge method unilaterally 7 days in advance according to the actual situation, and notify you in the form of announcement without your prior consent, if you do not agree that the charge should immediately stop the use of the service, otherwise the use is deemed to be your consent and should pay the fee.
4. you should pay your own Internet access fees and other third party charges, information fees and so on.
VII. SPECIAL MANDATE
1. when you make any form of commitment to YZW company and affiliated company and the relevant company has confirmed that you have violated that commitment, YZW company has the right to impose immediate restrictions on your account in the manner agreed upon in your undertaking, including, but not limited to, suspension or termination of service to you, and to publicize your breach as confirmed by the relevant company.and you understand and agree that YZW company is not required to check the facts with you for the relevant confirmation or obtain your consent separately, and that YZW company is not liable to you for any restriction or publicity.
2. once you have violated this agreement, or any other agreement with YZW company, the YZW company has the right to notify the YZW company affiliates in any way that they may impose restrictions on your interests, including, but not limited to, requiring the YZW company affiliates to suspend, terminate the provision of some or all of their services to you and to publicize your breach on any website they operate or actually control.
VIII. Third-party applications and services
1.BHM allow third parties to provide teaching services through the BHM, BHM also through cooperation with Alipay, Alipay to provide you with payment-related functions such as payment receipt and payment, appreciation red envelopes, etc. for BHM course fees and appreciation functions, BHM by introducing telecom operator services for your use of interactive live and videoconferencing services, and with access to third-party emoji package services to facilitate your use of static/dynamic emoji package services.you understand and agree that BHM only serve as a platform provider, BHM only order and/or use entry for this function module or service for your convenience of operation. the related application is provided independently by this third party and YZW company is not liable for your use of the application unless otherwise provided by laws and regulations and this agreement.
2. you understand and agree that, unless otherwise expressly provided by law, YZW company shall not be liable for any impact on third-party application services caused by our adjustment, suspension or termination of BHM services and third-party services.
3. you use a BHM through a third-party application or service, BHM may invoke a third-party system or support your use or access through a third party, the results of which are provided by that third party.
4. you understand and agree that you shall comply with the third party user agreement in addition to the agreement in this agreement when using third party applications and services in BHM services. Before you choose to use the third service, you should fully understand the product function, service agreement and privacy protection policy of the third party service, and then choose whether to open the function and abide by the third party user agreement.
IX. Suspension or termination of services
1. the particularity of internet service, YZW company has the right to change the content of the service, or may interrupt, suspend or terminate all or any part of the service, including free service and/or fee service, and inform you in the form of publicity on YZW company's official website.
2. you understand and agree that YZW company may maintain or overhaul the platform equipment, facilities and hardware and software that provide network services on a regular or irregular basis, if such circumstances result in the suspension of the charging service within a reasonable period of time, the YZW company is not liable, but should inform you in advance in the official website YZW the company or in the BHM customer service column, etc. in a public form.
The YZW Company 3. the right to suspend or terminate the service immediately against you in any of the following cases of breach of contract and to seek compensation for your loss:
3.1 The user violates the registration obligation under Article 4;
3.2 The user fails to pay the corresponding service fee when using the service fee;
3.3 The user violates the provisions of Article 5 of the Service Usage Code.
X. Privacy Policy
1. your account registered in BHM service has password protection function to ensure the security of your basic information, please keep your account and password information properly.
2.YZW company strives to take a variety of reasonable physical, electronic and managerial security measures to protect your information so that the information and communication content you store in the BHM is not leaked, corrupted or lost, including but not limited to SSL、 information encrypted storage, access control in the data center. We also take strict management of employees or outsourcing personnel who may have access to information, including, but not limited to, taking different authority controls depending on the position, signing confidentiality agreements with them, monitoring their operations, and so on.BHM will provide the corresponding security measures according to the existing technology to protect your information, provide reasonable security, BHM will try our best at any time to make your information not leaking, damaged or lost, but at the same time, please also note that there are no absolutely perfect security measures on the information network, please keep the relevant information properly.
3. you should keep the terminal, account number and password, and keep the relevant information and content properly. The responsibility for the loss or theft of data due to your own reasons and the failure to delete or store the relevant data in this software and service is at your own expense.
4. other privacy provisions can be found in the BHM Privacy Policy.
XI. Intellectual property
1. you understand and agree that, unless otherwise stated by YZW company, all products, technologies, software, programs, data and other information (including but not limited to text, images, pictures, photographs, audio, video, graphs, colors, layout, electronic documents) contained in the services under this agreement and all intellectual property rights (including but not limited to copyright, trademark rights, patents, trade secrets, etc.) and related rights are owned by YZW company or its affiliates.
2. you shall guarantee that you shall not (and shall not permit any third party) perform, except with the written authorization of the YZW company, the act including, but not limited to, leasing, lending, selling, distributing, copying, modifying, reproducing, reproducing, compiling, publishing, publishing, restoring, reverse compiling, reverse compiling, or otherwise discovering the original code.
3.BHM Logo、"BHM "and other words, figures and their combinations, as well as BHM other logos, emblems, names of BHM services, etc. are registered trademarks of YZW companies in China and other countries. no one shall display, use or do other processing (including but not limited to copying, spreading, displaying, mirroring, uploading, downloading) in any way without the written authorization of YZW company, nor shall he show to others that you have the right to display, use or do other processing.
4.BHM intellectual property rights of all products, services, technologies and all applications or their components/functions/names (hereinafter referred to as "technical services ") are owned or owned by YZW company or by its obligee.
5. you understand and agree to authorize YZW company to use your name, trademark, logo in publicity and promotion, but only to indicate that you belong to our customer or partner. If you wish to restrict your name, trademark, logo to be used BHM, please contact us.
XII. LIMITED RESPONSIBILITY
1. services will be provided by status and availability.YZW hereby expressly states that there are no express or implied warranties for the service, including, but not limited to, warranties, declarations or undertakings of applicability to the service, without errors or omissions, continuity, accuracy, reliability, application to a particular purpose, etc.
2.BHM does not promise or guarantee the validity, accuracy, correctness, reliability, quality, stability, integrity and timeliness of the technology and information involved in the service.
3. BHM shall not be liable under any circumstances for failure of service or delay in service resulting from failure of Internet connections, malfunction of computers, communications or other systems, power failures, strikes, labour disputes, riots, uprisings, riots, outbreaks, insufficient productivity or means of production, fires, floods, storms, explosions, force majeure, war, government actions, orders of international, domestic courts or inaction of third parties.
4. shall not be liable for any particular, direct, indirect, punitive, sudden or causal damage or any other damage (including, but not limited to, loss of profits or interest, suspension of business, loss of information) caused, whether or not foreseeable, BHM any form of conduct arising from:
4.1 Use or non-use of services;
4.2 Costs arising from the purchase or acquisition of any product, sample, data, information or transaction through services or other acts that may substitute for the above;
4.3 Unauthorized access to or modification of data or transmission of data;
4.4 Presentation or conduct by a third party through a service;
4.5 Damage caused by other service-related incidents, including negligence.
5. you fully understand and agree that the information and personal data you share in the service may be copied, reproduced, altered or otherwise used illegally, given the particular nature of the internet system and environment, you are fully aware of the existence of such risks and acknowledge that such risks are entirely at your own expense BHM are not liable for them.
6. you understand and agree that there may be risks of threatening, defamatory, repugnant or unlawful content or conduct or infringement of the rights of others (including intellectual property rights) and anonymous or impostor information from any other person in the use of the service, such risks shall be borne by you, BHM not liable for them, as stated in the service usage specification.
Liability for breach of contract and compensation
1. if we find or receive a report that you have violated this agreement, YZW company has the right to delete, block, and take measures including but not limited to restricting, suspending, terminating your use of BHM accounts and services, restricting, suspending, terminating your use of part or all of this service (including, but not limited to, disentangling your affiliation with a group or a member, limiting membership, restricting the creation of courses, etc.) without notice.
2. you agree that as a result of the information you upload, transmit or share through the service, the use of other functions of this service, the breach of this agreement, or your infringement of any rights of others, any claim or request from any third party to the YZW company and its affiliates, or any loss resulting therefrom, you agree to make full compensation (including but not limited to reasonable attorney fees).
XIV. Effective notification
Any notice issued by 1.YZW company to you may be by e-mail, open area announcement, personal network area prompt, mobile phone short message or regular letter, and such notice shall be deemed to have been delivered or effective to the user within 7 days from the date of spontaneous delivery.
2. you agree, any notice you send to the BHM shall be sent to the YZW company for official publication or to the user's online or offline contact information, correspondence address, e-mail, etc. in the manner specified in article 16, or by other means approved by the YZW company.
XV. Dispute Settlement and Other
1. the interpretation and application of this Agreement and disputes relating to this Agreement shall be dealt with in accordance with the laws of the People's Republic of China, and the Shanghai Xuhui District People's Court shall be the jurisdiction court of first instance.
2. if any of the provisions of this Agreement are deemed invalid or unenforceable, the said provisions may be separated and the remainder shall remain in force.
3.YZW a company waives its rights under this agreement at the time of the user's fault or breach of contract, it shall not be regarded as its other or subsequent similar fault or breach of contract to the user.
4. This Agreement shall supersede all prior oral and written agreements, arrangements, understandings and communications between the Parties on any matter under this Agreement.
5. you understand and agree that YZW company has the right to decide its business strategy independently and transfer all rights and obligations under this agreement to its affiliated company according to the business adjustment, the transfer will be notified in the manner stipulated in this agreement, and the user undertakes not to object to this.
6. this Agreement is signed in Xuhui District, Shanghai, China.
Contact information
You can use the 5*8 hour customer service hotline 400 0031985 contact us, you can also choose to contact us by mail, contact information and address as follows:
Shanghai Yizhongwen Education Co., Ltd.
Contact: BHM Operations Section
E-mail: info @beihaimandarin .com
Contact Address: Room 605, Building 1,859 Lane, Tiankeyqiao Road, Xuhui District BHM Shanghai
Zip code :200030