Pop On terms of service
Published: 21 April 2021
Updated: 11 November 2021
Effective date: 11 November 2021
1.Introduction
Welcome to Pop On! Your use of Pop On (“services” or “our
services”) is subject to these Terms. Compliance with
these Terms These Terms apply to you if you are a user of our services anywhere
in the world other than the People’s Republic of China
(and you are not a citizen of the People’s Republic of
China). If you are: (i) a user of our services in the People’s Republic of China;
(ii) a citizen of the People’s Republic of China using
our services anywhere in the world; or
(iii) a Chinese-incorporated company using our services anywhere in the world,
please refer to the Terms of Service (PRC Users) for the terms that apply to
you in your use of our services.
You must comply with these Terms in your use of our services and only use our
services as permitted by applicable laws and regulations, wherever you may be
when you use them. You must review these Terms and our policies and
instructions to understand how you can and cannot use our services. If you do
not agree to these Terms, you must not use our services. Contracting Entity By
using our services, you are agreeing to be bound by these Terms of Service
between you and WORDOOR Technology Co.LTD.Chinese739 Kunming Road, Shanghai,
China – Yangpu District - Postal Code 200082 WORDOOR
Technology Co.LTD. located at 上海市杨浦区昆明路739号文通大厦1108室(“we”, “our” and “us”) (these “Terms”). Other terms in relation to these Terms If you are under the age
of 13, you must not use our services. If you are between the ages of 13 and 18
(or the relevant age in your jurisdiction where you are considered a minor),
your parent or guardian must agree to these Terms (both for themselves and on
your behalf) before you can use our services. If you are using our services on
behalf of a company, partnership, association, government or other organization
(your “ Organization”), you
warrant that you are authorized to do so and that you are authorized to bind
your Organization to these Terms and in such circumstances “you” will include your Organization. As a
tutor,you can provide online teaching services or other services within the
scope of "Pop On" software service platform’s
functions, by using "Pop On" software service platform for "Pop
On" users. Also,Pop On will remit your services charges to your Alipay or
PayPal account after collecting service fee from students. Specific prices,
pricing methods, settlement methods, payment modes, etc. will be publicly
notified by Wordoor on the "Pop On" software service platform.
Wordoor shall have the right to make adjustments to the aforementioned service
prices, pricing methods or even payment modes according to the platform’s operation status, and publish a public notification on the
"Pop On" software service platform. We may translate these Terms into
multiple languages, and in the event there is any difference between the
English version and any other language version of these Terms, the English
version will apply (to the extent permitted by applicable law).
2.Additional Policies
The following are additional policies that you must comply with in
using our services:
- Pop On Privacy Policy – which sets out how we collect, store and use
your personal information;
If you are a citizen or a habitual resident of the following countries, the
following country-specific terms will also apply to your use of our services:
To the extent that any additional terms of service or policies are different
from these Terms, the relevant additional terms of service or additional
policies will apply, except that nothing in those additional terms of service
or policies will (unless expressly indicated otherwise in those additional
terms of service or policies) amend the following sections of these Terms
(which will apply in the event there is any difference):
- “Changes to these Terms and our services”;
- “Our intellectual property rights and software”; and
- “Liability for our services and software”.
However, to the extent that any country-specific terms differ from these Terms
or any additional terms of service or policies, the relevant country-specific
terms will apply, regardless of which section of these Terms is in question.
3.Your Rights and Obligations
3.1.Before you become a Pop On user, you shall first register your
account by providing true, accurate and effective personal information. User
content and personal information you entered at the time of registering as a
Pop On user and/or personal certificates and licenses uploaded must be true and
valid, otherwise Wordoor shall have the right to reject your application or
revoke your user/service qualification, without any compensation. Account
information filled in during application (including but not limited to: Real
name and identity information, teaching qualification, etc.) shall be true and
valid, otherwise Wordoor shall not be liable for losses incurred, and shall not
reimburse for any losses of your rights and interests incurred due to this. If
there is any change in your personal data, please promptly update your
information. Wordoor will review the information you provided within [3] days
of updating all changed information. Your teaching service qualification will
be suspended during the review period.
3.2.By providing service on the platform, you have agreed to intuitu personae,
where you yourself shall be responsible to provide the service and therefore no
substitution of persons, in whole or in part, shall be allowed without prior
consent from Wordoor. You are also responsible to keep your account safe from
aforementioned substitutions, regardless of your knowledge of such actions.You
are responsible for properly and correctly using and maintaining your user
account, account information and account password that you have set at the time
of registering your account in Wordoor. You shall take necessary and effective
security measures to maintain the safety of your account information and
account password. Wordoor shall not be liable in case of any disclosure of your
account password not caused by Wordoor, or losses incurred due to improper
storage, use and maintenance of your account information and software service
platform terminal device. Pop On shall act only as the information intermediary
platform, connecting you and Wordoor students, and does not guarantee
authenticity and integrity of any information or content sourced from a third
party other than Wordoor. Wordoor shall not be liable for any infringement that
may occur due to the aforementioned situation. At the same time, you shall
undertake related legal responsibility for any information and content
generated, uploaded, distributed and disseminated through your user account. In
case of losses to a third party caused by disclosure of your personal password
to others or sharing registered bank account details with others, Wordoor shall
have the right to take appropriate measures such as freezing the account or
commission, etc. Under serous circumstances, Wordoor shall investigate relevant
legal liability in accordance with the law, and it shall not be liable for any
such leakage of personal data.
3.3.You can log on to your Pop On account and check your account balance and
cash withdrawal amount. After you apply for cash withdrawal, the actual time
you receive the amount may be delayed due to third-party payment’s process. You agree that Wordoor shall not be held liable for the
same.
3.4.You have understood and are aware that Wordoor will deduct platform charges
from your income for providing platform services, and directly deduct it from
your cash withdrawal amount.
3.5.You must abide by the following principles when you use the "Pop
On" software service platform:
1) Abide by related Chinese laws and regulations.
2) Ensure that you are not in violation of any Chinese laws or regulations in
providing services using "Pop On" software service platform, or in
violation of any other third party non-compete obligations.
3) "Pop On" software service platform shall not be used for any
illegal purposes.
4) You shall comply with all related web service network protocols, rules and
procedures.
5) "Pop On" software service platform shall not be used to conduct
any possible behavior that may result in adverse influence on normal operation
of internet.
6) "Pop On" software service platform network service system shall
not be used to conduct any behavior unfavorable to Wordoor.
7) Without Wordoor’s written consent, it is forbidden
to use any Wordoor service to conduct sales or other commercial behavior in the
"Pop On" APP or on the Pop On official website.
8) You shall comply with the service rules regularly published by "Pop
On" software service platform. ? Should you violate the aforementioned
agreement, Wordoor shall investigate your liability for breach of contract
according to law, and shall have the right to recover losses thus incurred by
Wordoor.
3.6.You shall not use the "Pop On" software service platform to
generate, upload, distribute or disseminate sensitive information or
information in violation of national laws and policies, including but not
limited to the following information:
1) Against basic principles defined by the constitution.
2) Endangering national security, leaking state secrets, subverting state power
and under mining national unity.
3) Damaging national honor and interests.
4) Inciting ethnic hatred, ethnic discrimination and undermining national
unity.
5) Undermining national religious policy, and advocating cults and feudal
superstition.
6) Disseminating rumors, disturbing social order and undermining social
stability.
7) Disseminating obscenity, pornography, gambling, violence, murder, terrorism
or abetting crime.
8) Insulting or slandering others, infringing upon lawful rights and interests
of others.
9) Containing other content prohibited by laws and administrative regulations.
3.7.If you do not use your "Pop On” software
service platform account for a long time after registering, Wordoor shall have
the right to recover the account, to avoid wastage of resources. You shall be
liable for any problems that may occur due this.
3.8.When you use the "Pop On" software service platform to provide
services, you shall promise that the services you provide using "Pop
On" software service platform shall not be in violation of laws and
administrative regulations and rules of the state, and relevant provisions of
the institution that you work for. Nor shall you violate any agreement,
promise, statement or related documents that you have signed with the
institution that you work for and/or the third party institution. If the
aforementioned promise cannot be upheld, you shall immediately stop offering
your service on the “Pop On" software service
platform, cancel your service account, or agree that Wordoor can cancel your
service account immediately, giving Wordoor the right to recover any possible
losses thus incurred. If any future changes in regulations, policies or rules
and conventions of the institution that you work for or of the third party,
result in the services you provide on "Pop On" software service
platform to be deemed illegal or in violation of regulations and conventions,
you shall immediately notify Wordoor, suspend providing the service on the
"Pop On" software service platform immediately, and cancel your
service account.
4. Wordoor’s Rights and Obligations
4.1. Wordoor and its entrusted third party institution shall have
the right to monitor and verify all your activities when you provide services
on the Pop On software service platform. If your behavior violates provisions
of relevant laws and regulations, or terms of this agreement, or rules
published by Wordoor on the Pop On software service platform, Wordoor and its
entrusted third party shall have the right to request you to rectify your
behavior, and shall reserve the right to suspend your account and investigate
your liability.
4.2.You have fully and clearly understood and agreed that Wordoor and its
entrusted institution shall have the right to monitor and evaluate any of your
service behavior on the Pop On software service platform regularly or
irregularly. Based on your service evaluation results and in accordance with
current effective performance evaluation system, Wordoor shall the right to terminate
this agreement, suspend your account, impose fines and take other punitive
measures.
4.3.Wordoor only provides related software services and order services.
Additional equipment related to software services (such as personal computers,
mobile phones, and other devices associated with access to internet or mobile
network) and required fees (such as telephone and internet fee for internet
access, and mobile phone charge for use of mobile network), etc., shall be
borne by you.
4.4.As the only user identity authentication on "Pop On" software
service platform is your user account, all operations conducted through your
logged in user account shall be deemed as your own behavior.
4.5.If at any time Wordoor finds that your personal data and/or personal certificates
and licenses provided during registration are not real or effective, or are
inconsistent with your actual situation, Wordoor shall have the right to
unilaterally terminate the service agreement with you at any time, and reserves
the right to close and suspend your account and investigate liability.
5. Change, Suspension and Termination of Service
5.1. Given the special nature of network services (including but
not limited to force majeure, network stability and system stability, technical
failure, location, computer shutdown, computer virus or malicious network
attack and any other technology, internet, communication lines, content
infringement and other reasons), you agree that Wordoor shall have the right to
suspend or terminate at any time, part or all services of "Pop On"
software service platform. Wordoor will inform you in a reasonable and timely
manner if possible, and try to repair and recover the service at first, if
possible. However, Wordoor shall not be liable for any presumptive economic
loss due to failure of your business or service provision thus incurred, and
you shall undertake aforementioned risks.
5.2. Wordoor shall regularly or irregularly inspect, maintain and repair the
platform that provides "Pop On" software service and related
equipment. Any suspension of services due the above reasons shall be duly
notified by Wordoor within a reasonable period in advance if possible, however,
Wordoor shall not be liable for the same.
6. Intellectual Property Rights
6.1.Any texts, images, audios, videos, software, advertising
information and other information contained in the services provided by Wordoor’s "Pop On" software service platform shall be subject to
protection of copyright, trademark right and other intellectual property right
laws.
6.2.Without consent of the related rights’ owner and
Wordoor, aforementioned information shall not be shown in any manner in any
other third party platform or used for any other commercial purpose. Users
shall not copy, modify, compile aforementioned content, or create derivatives
of such content.
6.3.During your usage of "Pop On" software service platform, you
guarantee and declare that you have complete legal copyright or complete legal
authorization for content you have provided to be used for activities on the
"Pop On" software service platform, and ensure that use of such works
by Wordoor shall not be in violation of national laws and regulations, and
shall not infringe legitimate rights and interests of a third party or assume
any obligation. You shall undertake full responsibility for all consequences
due to incomplete information, illegal format, content and authorization of
information you have provided.
6.4.For any content you create or upload while using the "Pop On"
software service platform, including, but not limited to handwritten text,
texts, images, audios, videos and other data, you agree that Wordoor shall have
free, permanent, complete global re-licensing right and permission, and agree
that Wordoor can use, copy, modify, publish, translate, disseminate and display
such contents (in part or whole), and include such contents in the current or
later developed products in any other form.
6.5. For any content you create or upload to the "Pop On" software
service platform, including, but not limited to texts, images, audios, videos
and other data, Wordoor shall have the right to monitor all such user content
in real-time, and is entitled to delete any such content in breach of this
agreement based on its independent judgment, and shall have the right to
terminate service platform usage for related services. Wordoor shall not be
liable for any losses or any other consequences incurred by deleting such user
content.
6.6. In case Wordoor and its associated institution incur any losses in the
form of compensation, subsidy or payment of fines to a third party due to
contents you created or uploaded that rein violation of the law or infringe
legitimate rights and interests of a third party (direct, indirect, incidental,
punitive, and subsequent losses), you shall undertake the full compensation
liability for the aforementioned losses incurred by Wordoor.
7. Privacy Protection
7.1. "Privacy" referred to in this agreement includes
personal information of the user stipulated in Article 4 of Telecom and Internet
Users' Personal Information Protection Regulations, and contents of privacy
protection is explicitly stipulated in the laws and regulations formulated or
revised from time to time in future.
7.2. Protection of your privacy and personal data is a basic policy of Wordoor,
and Wordoor has setup all kinds of systems, security technology, programs and
other measures to protect your privacy and personal data from being accessed,
used or disclosed without authorization, and shall ensure that it will not disclose
registration information of even a single user. The transfer of non-public
information stored in Wordoor while using "Pop On" software service
platform, to a third party other than cooperative units, or using information
for any illegal purposes is not permitted. Transfer of such information is
permitted only in the following situations:
1) We have obtained your explicit authorization for the same.
2) Based on requirement of relevant laws and regulations.
3) Based on requirements of relevant government departments.
4) To maintain social public interest.
7.3.During the registration for your "Pop On" software service
platform account or usage of "Pop On" software service platform
service, you are required to provide necessary information, such as your email
address, your identification card, teacher certificate photos, etc., so that
Wordoor can provide you with account registration service or conduct user
identity authentication. Some of the functions require you to authorize usage
of user recording equipment, etc. If you do not authorize or provide incomplete
information, you will not be able to use the service or you will be subject to
constraints during usage. Wordoor undertakes to take measures to protect user's
personal information security for any and all authorization information you
provide.
8. Other Terms
8.1. Wordoor has the right to modify any terms of this agreement
at any time. If the content of this agreement has changed, Wordoor will publish
the revised agreement content on the "Pop On" software service
platform or notify you of the revised content through other appropriate means.
If you do not agree with the above changes, you shall have the right to choose
to stop using "Pop On" software service platform, however, if you
continue to use the platform, it shall be deemed that you have accepted the
relevant changes in the terms of this agreement.
8.2. In case of invalidation of any of the terms and conditions set forth in
this agreement in part or completely, or in case of failure to execute them for
any reason, the remaining terms of this agreement shall remain valid and
binding.
8.3. You shall be liable in case of any losses, claims proposition and lawyer’s fees’ claim, etc. from a third party,
caused by or incurred due to your violation of any of the provisions of this
agreement, and you are liable to fully compensate Wordoor for the same.
8.4. The conclusion, execution, explanation and settlement of disputes of this
Agreement shall be subject to the laws of the People's Republic of China and
jurisdiction of courts of the People's Republic of China. If any dispute or
controversy occurs due to contents or execution of this agreement by the two
parties, they shall be first settled amicably through negotiation; if the
negotiation fails, any party can initiate legal proceedings in the People's
Court holding jurisdiction in Wordoor’s location.
8.5. For issues not mentioned in this Agreement, they shall be referred to
relevant national laws and regulations. In case this agreement is in conflict
with relevant national laws and regulations, national laws and regulations
shall prevail.