Terms of Service
Last Updated: 10/8/2020
Please read these Terms of Service carefully before using our Service. The Terms of Service set forth the rights and obligations of all users when using or accessing Our website, software, digital content, and applications. By using any of Our Services, You agree to be bound by these Terms. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions.
These Terms and Conditions apply to all visitors, users and others who access or use the Service. If You disagree with any part of these Terms and Conditions then You may not access the Service. By using this Service, You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service without the permission of a parent or guardian.
We reserve the right, at Our sole discretion, to change or modify any portion of these Terms of Service at any time. If these Terms of Service are modified, We shall post the revised Terms of Service on this page and shall indicate at the top of this page the date these terms were last revised. We shall also notify all registered users, either through an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective shall constitute your acceptance of the new Terms of Service.
These Terms of Service contain a mandatory arbitration clause and class action waiver that requires You to resolve any dispute with the Company on an individual basis through final and binding arbitration. Please read these Terms of Service carefully before accessing or using the Services.
Section 1: Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Gold Medal Education LLC, 533 Airport Blvd. Suite 400 Burlingame, CA 94010.
- Country refers to the United States.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Orders mean a request by You to purchase Services from Us.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service or Services refers to the Website, digital content, and videos offered by the Company.
- Student or Students refers to any authorized user of the Services over the age of 18, or any child under the age of 18 authorized by a parent or guardian to access the Services through a Subscription purchased by a parent or guardian.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Website refers to Mandarin Reading Club, accessible from https://www.mandarinreadingclub.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Section 2: Services Description
Once Services are purchased, Students can access the Company’s Services or tutoring lessons through Our website via a desktop / laptop computer, mobile smartphone or tablet. Every video also includes an interactive learning section and a flashcard program that helps Students learn vocabulary and pronunciation.
For additional help, Students over the age of 18 and parents and/or guardians of Students under the age of 18 may sign up for Our private online tutoring lessons. Tutoring packages are only available with an active, paid Subscription and are intended for Kindergarten to 12th grade Students. Tutoring will help Students learn correct pronunciation and assist them in using the Company’s video reading materials.
Section 3: Pricing Policy and Order Cancellation
The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted on the Website may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In the event of a change in price, You will be informed by the Company and have the right to cancel Your Order.
The Company reserves the right to refuse or cancel Your Order at any time for certain reasons including but not limited to availability, errors in the description or prices of the Services, and errors in Your Order. The Company additionally reserves the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Section 4: Availability, Errors, and Inaccuracies
We are constantly updating our Services and may experience delays in updating information regarding our Subscriptions and available Services on the Website and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Section 5: Your Information and User Accounts
If You wish to place an Order for Services available from the Company, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times, including the user’s name. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
You shall be responsible for and indemnify Us for any losses or damage resulting from inaccurate, misleading, or ambiguous information You provide to Us.
Section 6: Billing and Payments
In order to create an account and access Our Services, a paid subscription plan must be purchased. We accept all major credit cards and process payments through the Stripe payment gateway.
If You provide credit card or payment information to purchase Services, You hereby represent and warrant that You (i) have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By supplying credit card or payment information to purchase Services, You hereby authorize Us to charge Your credit card on a regular and ongoing basis to pay any fees as they are due. Payment cards are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Section 7: Subscriptions and Refunds
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You can cancel a Subscription at any time. However, to avoid being charged for the next billing cycle, you must cancel your subscription prior to the next payment date. You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
New users can receive a full refund of their Subscription plan fee within the first 14 days of their initial subscription purchase date if ALL the following conditions are met:
- The Subscription is the first paid Subscription by the user;
- The Subscription is not a renewal; and
- The Subscription is not a modification of an existing subscription.
If You satisfy all of the conditions above and are within 14 days of your initial purchase date, You may request a refund by emailing us with the following information:
- You must email us from the same email address used to register the account. If You used a different email address for your payment information, please include that email address as well.
- Please include your order number and your subscription order number. These two numbers are included in the initial purchase receipt emailed to you.
- Please cancel your subscription by accessing the My Account menu. Click on “Subscriptions” in the My Account menu and in the “Actions” row, click on the “Cancel” button.
- Your refund will be confirmed through an email communication.
After the 14-day initial period, except when required by law, no refund will be given for fees already paid for Your current Subscription period. You will be able to access the Service until the end of Your current Subscription period. Notwithstanding the foregoing, refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
You can upgrade your subscription plan from a shorter subscription period to a longer one, such as moving from a monthly payment plan to an annual payment plan, by doing the following:
- Email Us and let us know which plan you want to upgrade to.
- We will respond to you with instructions to cancel your current plan and purchase the new subscription plan. Please note that once you purchase the new subscription plan, You will not have a 14-day money back guarantee. If You cancel the new subscription plan, there is no refund for that plan.
- We will prorate Your previous plan and refund You the unused portion from that plan once we confirm that the new subscription plan is paid for.
If You want to downgrade or change from a longer subscription plan period to a shorter one such as moving from an annual plan to a monthly plan, You can cancel anytime before your subscription plan renews. Then, select a different subscription after the end of the current subscription plan period. Cancelling a subscription just cancels the renewal at the end of the subscription period. You will still have access to all of the Company’s videos until the end of the subscription period. We apologize that We are not able to provide refunds for downgrading a subscription.
Section 8: Tutoring Packages
Online video tutoring packages for Students may be purchased for an additional fee from the Company during the duration of a paid Subscription. Tutoring packages may be purchased individually or in packages of 5 to 15 weeks. Tutoring lessons shall expire 6 months from the date of purchase. Unused tutoring lessons shall not be refunded after expiration unless You contact the Company via email before the expiration of the 6-month period.
Each tutoring session shall consist of a 25-minute one-on-one online video session and are intended for Students from Kindergarten to 12th grade. A separate tutoring services agreement shall govern the terms and conditions of all tutoring services offered by the Company.
Section 9: Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
The Company grants users of the Services a limited, non-exclusive, non-transferable license to access and use the Services solely for personal, non-commercial, in accordance with this Agreement and any conditions or restrictions associated with particular Services. All other uses are expressly prohibited absent express written consent by the Company. Without the Company’s consent, You and any Students authorized to use Your account shall not, at any time (during the term of and after the termination of the Agreement), (i) use the abovementioned Services for commercial purpose; (ii) translate, copy, broadcast, edit, or otherwise reproduce or create derivative works of the above-mentioned intellectual property in any way; and (iii) disclose, sell, share, license, or otherwise redistribute or transmit the abovementioned intellectual property to any third party.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Section 10: Personal Information and Confidentiality
The Company represents and warrants that (i) it will not disclose the personal information to any third party or make it publicly available; (ii) it will promptly delete all personal information maintained on its server or other storage means if You revoke prior consent; and (iii) under no circumstances will any personal information of a Student be maintained on the Company’s server or other storage means after the termination of this Agreement.
- If there is any change to any information You provided to the Company, You agree to promptly inform the Company by email at email@example.com
- You will be responsible for any loss or damages to both parties resulting from any failure to promptly notify the Company of such change.
- You agree to properly keep the confidentiality of Your account and password. You are responsible for the activity of any person (including the Students) who use Your account and password. If a Student’s account or password is misused, You shall immediately notify the Company employee and request the Company suspend the Services to that account. You shall not disclose, lend, transfer or assign Your account and password to any third party. The Company may temporarily suspend the use of Your account if the Company reasonably suspects that You breached any obligation under this Subsection. The Company may terminate this Agreement and all Services immediately upon actual knowledge of Your breach of any obligation under this Subsection.
- Without the Company’s explicit written consent and authorization, You shall not, in any way, provide or disclose to any third party any technical data, trade secrets and other confidential or proprietary information You obtained by accessing or using the Company’s Website or Services under these Terms. If You breach any obligation under this Subsection, the Company has the right to terminate this Agreement and all Services immediately, and You shall be liable for any losses or damages suffered by the Company due to your breach of these Terms.
Section 11: Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Section 12: Promotions
Section 13: Termination
You agree that the Company may, in its sole discretion, terminate or suspend Your Account or use of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. The Company may also, in its sole discretion, discontinue providing the Service, or any part thereof, with or without notice. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. Further, you agree that the Company will not be liable to you or any third party for any termination of your access to the Service.
Section 14: Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or one hundred (100) United States dollars if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Section 15: Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Section 16: Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
If You are a United States federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101. If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident in.
Section 17: Arbitration Agreement
You acknowledge and agree that if You have any concern or dispute about the Service, You shall first try to resolve the dispute informally by contacting the Company. If such efforts prove unsuccessful, you further acknowledge and agree that any and all disputes or claims that You may have against the Company, whether relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship between the parties, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, except that you may assert individual claims in small claims court, if your claims qualify. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.
You further acknowledge and agree that any claims brought may be brought only by You on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless expressly agreed to by You and the Company, the arbitrator may not consolidate or join more than one person or party’s claims and may not preside over any form of a consolidated, representative, or class proceeding. The Federal Arbitration Act governs the interpretation and enforcement of this section.
A party who intends to seek arbitration must first send, by certified mail, a written notice of dispute to Mandarin Reading Club, c/o Gold Medal Education LLC, 533 Airport Blvd., Suite 400, Burlingame, CA 94010. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If You and the Company do not resolve the claim within sixty (60) calendar days after the notice of dispute is received, you may commence an arbitration proceeding.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.
If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless You and the Company agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of subsection (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Section 18: Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Section 19: Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of any dispute regarding these Terms.
Section 20: Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: firstname.lastname@example.org
By visiting this page on our website: https://www.mandarinreadingclub.com/contact/