This Dauyan User Agreement (hereinafter referred to as “the Agreement” ) is a contract between you and Shenzhen Dauyan Technology Co., Ltd. (hereinafter referred to as “Dauyan” or “the Platform” ) with respect to Dauyan Platform Services and related matters, and has the effect of a contract. You are requested to carefully read and fully understand the terms and conditions prior to clicking to agree to this Agreement, in particular the terms of waiver or limitation of liability, application of law, and dispute resolution. The terms of exemption or limitation of liability will be indicated in bold and should be read with emphasis. Minors should read in the company of their legal guardians. Please choose to accept or not accept this Agreement, and by clicking Confirm to agree to this Agreement, you indicate that you have fully read, understand and accept this Agreement in its entirety and in agreement with the Platform, and this Agreement shall be legally binding upon you and on the Examined Scores. If you have any questions about the agreement, you may refer to Platform Customer Service.
I. Confirmation and Acceptance of Terms of Service
1.1 Ownership and operation rights of all electronic services of this platform shall belong to the platform. Users agree to the terms of the user agreement and complete the registration process before becoming a full user of the platform;
1.2 The terms and conditions of this Agreement shall be the covenant governing the rights and obligations of both parties and shall remain in force and effect, if otherwise provided for by law or otherwise specifically agreed by both parties, in accordance with such provisions;
1.3 If the user agrees to this agreement, it shall be deemed that the user confirms that he has the corresponding rights and capabilities to enjoy the services of this platform, purchase or sell content products, etc., and can independently assume legal responsibility; If you do not meet these conditions, the platform may refuse to provide you with services at any time and at its sole discretion. You shall be fully liable for any and all losses caused to the Platform or to third parties.
1.4 The Platform reserves the right to decide to refuse services, close user accounts, and clear or edit content to the extent permitted by the laws implemented by the Mainland Law of the People’s Republic of China.
2. Introduction to the service of Dayuyan platform this platform is an intelligent service platform that provides users with online test preparation learning. Users have the right to use Dauyan’s intelligent information services and technical services (hereinafter referred to as “platform services”) on Dauyan’s official website or other authorized platforms according to their own preparation requirements. All the model texts provided by the platform are for students to learn only. The intelligent system is to help users learn IELTS English effectively through technical means and improve their English level or skills. The IELTS test is not the goal. If it is used to recite the test, do not use the platform.
3. Account Registration and Usage Rules
3.1 Users shall provide registration information to the Platform in good faith and ensure that the information provided by the Platform is true, accurate, complete, legal and valid. The Platform shall keep the registration information strictly confidential, and the Platform will not disclose user privacy information to the outside world unless authorized by users or otherwise stipulated by law. If there is any change in the user’s registration information, they shall update their registration information in a timely manner.
3.2 If the registration information provided by the user on this platform is illegal, untrue, inaccurate or incomplete, or impersonates others, or publishes any information in the name of others, or maliciously uses the registered account to cause other users to misidentify, the user shall bear the corresponding responsibilities and consequences caused thereby, and this platform reserves the right to terminate the user’s use of various services on the platform and withdraw the account.
3.3 After the user registers successfully, account information such as username and password will be generated. You can change your password according to the provisions of this platform. Users should carefully and reasonably save and use their username and password, and ensure the security of their account and password. If lost, the losses caused will be borne by the user himself. The user is fully responsible for all activities carried out with the account and password; The Platform shall not be liable for any loss or damage arising therefrom.
3.4 Users shall not lend their accounts to others or more people. If it is discovered or there is a legitimate reason to suspect that multiple people share an account, this platform reserves the right to terminate the service or block the account.
4. Rights and obligations of users
4.1 Users must prepare the following equipment and bear the following expenses by themselves: (1) Internet access equipment, including computers or other Internet access terminals, modems and other necessary Internet access devices; (2) Internet access expenses, including and not limited to network access fees, Internet equipment rental fees, mobile phone traffic fees, etc .;
4.2 Must abide by the laws, regulations, rules and regulations of the People’s Republic of China and other legally effective norms, and do not use network services for illegal purposes;
4.3 Do not interfere with or disrupt network services;
4.4 All copyrights and copyrights of the Platform shall not be infringed;
4.5 Illegal information shall not be published in this platform, and users shall bear separate legal liability for the content they publish;
4.6 Unless otherwise agreed between the user and the platform, the user agrees that the service of the platform is only for personal communication, learning and appreciation, and shall not copy, copy, sell or use any information of any part of the service of the platform for other commercial purposes;
4.7 If the user fails to comply with the above provisions, the platform has the right to make independent judgment and take measures such as suspending or closing the user account. Users must bear legal liability for their statements and actions on this platform.
5. Rights and Obligations of the Platform
5.1 The Platform shall collect, use, store and share your personal information in strict accordance with the provisions of this Agreement and relevant laws and regulations such as the Network Security Law of the People’s Republic of China and Personal Information Security Specifications, and take reasonable measures to protect your personal information. Except for the fault of this platform, you are at your own risk of using the platform services. If you suffer personal injury or property damage due to your fault or behavior, causing personal injury or property damage to a third party or causing personal or property damage to you by a third party, you shall be investigated for legal liability to the responsible subject according to law, and this platform shall not bear relevant liabilities.
5.2 The platform will make reasonable commercial efforts to ensure the data storage security of your platform and services. However, the platform does not fully guarantee that your personal information will not be infringed upon in this regard. This platform is not responsible for the deletion or failure of storage of relevant data in the platform and services. You can back up relevant data in the platform services according to your own needs.
5.3 In the event that you breach this Agreement, the Platform reserves the right to suspend or terminate the provision of services to you for the Platform, and has the right to refuse to provide services, close personal accounts, clear or edit content, cancel orders, and delete various types of non-compliant or untrue information without notifying users.
5.4 You understand and agree that in the course of using the Services of this Platform, there may be interruption of this Service due to force majeure, technical risks and other factors. This Platform shall be exempted from liability to the maximum extent permitted by law in case of obstacles to the performance of the Contract, defects in performance, delay in performance or change of performance content, loss of data, etc. caused by the following reasons:
5.4.1 Force majeure due to natural disasters, strikes, riots, wars, government acts, judicial administrative orders, etc.
5.4.2 Failure of mobile phone parts, system, hardware or other reasons of you or this platform prevents you from using platform services.
5.4.3 Due to public service factors such as power supply failure, communication network failure (including but not limited to failure or delay of electronic communication, interception or manipulation of electronic communication by programs used for electronic communication) or your own factors (including but not limited to your improper operation and use of the Service in a manner not authorized by this platform) or third person factors (including but not limited to incorrect operation by mobile phone viruses, Trojans or other malicious programs, hacker attacks, incorrect ordering by customers, etc.).
5.4.4 In case that the platform has been managed in good faith, due to conventional or emergency equipment and system maintenance, equipment and system failures, defects, network information and data security, technical risks and other factors.
5.4.5 You are aware and understand that the platform will perform reasonable duty of care and maintain data accuracy to the maximum extent possible. However, due to objective reasons such as Internet technical factors, the platform may experience lag or error in web page display information, and the platform will repair it as soon as possible after discovery.
5.4.6 Other situations that cannot be controlled or reasonably foreseen by the platform.
5.5 The platform reserves the right to delete all kinds of information in the platform that do not conform to legal policies or are untrue without notifying users.
5.6 The platform shall only bear the corresponding liability for compensation for direct and actual losses caused to users due to platform reasons according to law, and shall not be liable for any indirect losses or punitive damages.
6. Intellectual Property Rights Statement
6.1 The Platform or its Affiliates are the intellectual property rights holders of the Platform. All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the platform and all information related to the platform (including but not limited to text, pictures, audio, video, graphs, interface design, layout framework, relevant data or electronic documents, etc.) shall be protected by the laws and regulations of the mainland of the People’s Republic of China and corresponding international treaties, and the platform or its affiliated companies shall enjoy the above-mentioned intellectual property rights, except for the rights that the relevant right holders shall enjoy in accordance with the law.
6.2 Without the written consent of the platform, the above materials shall not be published, broadcast, rewritten or redistributed in any media directly or indirectly, for broadcast or distribution purposes, or used for any other commercial purpose. All or any part of the above information may be retained for private and non-commercial use only.
6.3 You shall ensure that all forms of content, such as text, pictures, videos, audio and the like, which you upload during the use of and related services are original to you or legally authorized by a third party. If the aforementioned intellectual property rights infringe upon the legitimate rights and interests of any third party, you shall be responsible for the corresponding legal and economic responsibilities to the third party, and you shall compensate for the losses caused to the platform.
6.4 You shall ensure that all Content uploaded by you during the use of the relevant Services has legal rights, such as intellectual property related objections raised by a third party to the aforementioned Content, and in order to protect the intellectual property rights of the legitimate right holders, the Platform has the right to delete the relevant Content according to the actual situation and notify you as much as possible after processing so as to communicate with you and the right holders to resolve the relevant issues.
7. Dispute Resolution
7.1 The laws of the mainland of the People’s Republic of China shall apply to the conclusion, entry into force, interpretation, amendment, supplement, termination, execution and dispute resolution of this Agreement. If there is no relevant provision in the law, refer to business practices and/or industry practices.
7.2 Disputes between you and the platform and related disputes arising from the use of the platform services shall be settled through consultation between the platform and you. If the negotiation fails, either party may bring a lawsuit to the people’s court where the defendant is located.
8. Other
8.1 Titles of all provisions of this Agreement shall be for convenience of reading only and shall not be used as a basis for interpretation or restriction of the meaning of this Agreement.
8.2 Any provision of this Agreement shall be deemed to be void, null and void, or unenforceable, and shall be deemed to be separable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.
8.3 This Agreement may exist in multiple languages, including Chinese and English. If there is any conflict between the Chinese version and the version in other languages, the Chinese version shall prevail.
8.4 The Platform reserves the right to modify the terms of this Agreement as necessary and notify you with a message in the APP. You may review the latest revised version of the Agreement at any time on this platform. If you do not agree to the modified agreement, you have the right to terminate the license of the platform. After this Agreement is updated, if you continue to use the services provided by this Platform, you will be deemed to have accepted the modified agreement.
8.5 For certain specific products and services, the platform will also develop specific privacy policies and explain them before providing you with these specific products and services. If the relevant specific privacy policy is inconsistent with this User Agreement, the privacy policy shall prevail. Other statements, rules, instructions and privacy policies published by the Platform are supplementary to this Agreement and are inseparable from this Agreement and have the same legal effect. If you use the services provided by the platform, you are deemed to agree to any of the above agreements.
8.6 The platform has the right to withdraw and cancel the user’s account according to the agreement. In this case, the agreement will be terminated on the date of account withdrawal and cancellation; After the user satisfies the account cancellation conditions announced by the platform and completes the account cancellation of the user, this agreement will be terminated on the date of account cancellation. You understand and agree with the related user logout process of the platform and the arrangement of rights and obligations after logout.
9. Contact Information
When you have personal information related issues or other complaints and suggestions, you can contact this platform through the following methods. This platform will review the contents involved as soon as possible and respond to your questions, complaints and suggestions within 15 working days:
Name of the operating entity of this platform: Shenzhen Dayuyan Technology Co., Ltd.
Registered address:601-2, Block A, Low-Rail Satellite Internet of Things Industrial Park, Keneng Road, Dongkeng Community, Fenghuang Street, Guangming District, Shenzhen:18612621917 Contact email: