fizzABC Education & Consultant Co., Ltd. (also known as “the School”, referred to as "the First Party" hereinafter) hereby presents these Terms and Conditions for individuals or prospective users (referred to as "the Second Party" hereinafter) who intend to utilize the services provided by the First Party (referred to as "the Services" hereinafter).
Moreover, by availing themselves of the Services, the Second Party is deemed to have unequivocally consented to the provisions outlined within these Terms and Conditions.
1. These Terms and Conditions apply to the Services provided on the School's website (www.fizzabc.com, referred to as "the Website" hereinafter), encompassing their entire scope.
2. These Terms and Conditions have been in effect since the Second Party's initial application and will remain valid until membership is cancelled. However, Article 14， 15 and 16 will continue to be applicable even after membership cancellation.
3. The First Party communicates information, services, or registration procedures to the Second Party through email or other means of communication transmission.
1. The Second Party is required to register as a member of the School following the procedures established by the First Party.
2. By registering as a member with the School, the Second Party agrees to the following:
(1) Carefully read and agree to the contents of these Terms and Conditions before completing the registration process.
(2) Provide truthful and accurate information, including name, email address, password, and other required data. The Second Party is responsible for securely storing and safeguarding this registered information.
(3) If the Second Party is under 20 years old, obtain consent from a legal representative, such as a parent or guardian, before accessing the Services.
(4) Understand that membership is strictly for individuals and cannot be registered on behalf of a company or other organizations. Membership rights are non-transferable and cannot be shared with others, including family members.
(5) Ensure that their communication environment does not hinder their use of the Services.
(6) Acknowledge that the First Party will display the Second Party's personal information on the School's reservation page for the purpose of scheduling lessons.
3. The Second Party's membership registration with the School is considered complete upon receipt of an email notification from the First Party regarding the registration process outlined in the preceding clause. However, the First Party may restrict access to the Services until payment of the Second Party's fees has been confirmed.
4. If the Second Party chooses not to take a trial lesson before becoming a paid member, they will no longer have the opportunity to do so once payment has been confirmed.
5. These Terms and Conditions apply even if someone authorized by the Second Party and approved by the First Party completes the registration process on their behalf.
1. The First Party reserves the right to charge a fee, referred to as the "Membership Fee," for the provision of Services to the Second Party, in accordance with the pricing plan established by the First Party.
2. The Second Party is required to use the payment method provided by the First Party for the settlement of fees.
3. The Second Party is responsible for covering any bank charges incurred when making payments to the First Party's bank account.
4. Payment through PayPal is automatically processed the renewals.
5. The Second Party acknowledges that, if the First Party is unable to confirm the Second Party's payment, the First Party may suspend the provision of Services to the Second Party. Additionally, the First Party disclaims any responsibility for any damages resulting from late payment.
6. The Second Party is responsible for any additional fees that may be incurred.
1. The Second Party agrees to comply with the following service regulations and acknowledges them in advance:
(1) By making a payment for the Silver member or Gold member through PayPal automatic payment, and unless the Second Party follows the cancellation procedure for the Services, it will be assumed that the Second Party wishes to continue using the Services. Their membership will be automatically renewed, and the same fee will be charged upon the expiration of their membership. However, for the Second Party with any Bronze member, their account will be deemed inactive after the expiration date.
(2) If the Second Party wishes to renew their membership (Silver member or Gold member), they must contact the First Party for payment and account adjustments. Account payments via PayPal are set to Automatic Payment by default.
(3) The First Party retains the Second Party's information obtained from lessons to provide consistent services to the Second Party.
(4) The Second Party's individual information will be included in the information mentioned in the preceding clause.
(5) The First Party will only use the Second Party's information obtained in (3) and (4) for the purposes of providing the Services.
(6) The First Party oversees the services to ensure appropriate provision to the Second Party. The Second Party agrees that the First Party may supervise their activities.
2. The Second Party agrees and acknowledges the guidelines listed below for service satisfaction:
(1) The Second Party is entitled to take a 25-minute lesson per session.
(2) The Second Party can take lessons equivalent to the Plan they have signed up for: 25 minutes per day for the Silver member, 50 minutes per day for the Gold member, and 25 minutes per time for Bronze member.
(3) The registration and scheduling of lessons are based on English time (GMT+8).
(4) The Second Party is responsible for conducting the registration procedure for lessons according to the guidelines set by the First Party.
(5) The Second Party must complete the registration procedure for lessons between one week prior and 60 minutes before the scheduled lesson.
(6) The Second Party is not able to modify registered lessons. If modifications are desired, the Second Party must first cancel the lesson and then complete the registration procedure again.
(7) If the Second Party wishes to cancel a registered lesson, they must cancel it at least one hour before the scheduled lesson.
(8) If the Second Party is unable to attend a registered lesson due to reasons unrelated to them, they may take another teacher's lesson or reschedule with the same teacher on a different day. However, if the Second Party is responsible for the troubles leading to their inability to attend the registered lesson, the First Party will not provide alternative lessons.
(9) The Second Party is allowed to consume alternative lessons without limitations, as specified in (2).
(10) The validity of alternative lessons is limited to one week from the cancellation of the original lesson.
(11) If a registered lesson is canceled due to reasons unrelated to the Second Party, the First Party will contact the Second Party via email or other means. However, if the cancellation is made prior to the day of the lesson, the First Party will not provide alternative lessons.
(12) If the Second Party is more than 10 minutes late for a lesson, it will be assumed that they do not wish to take the registered lesson and they will be marked as absent. Furthermore, the First Party will not provide any additional time for the missed lesson.
(13) The First Party does not offer refunds or alternative lessons for lessons that the Second Party is unable to attend.
(14) If a registered lesson is delayed due to reasons unrelated to the Second Party, the lesson will be extended by the same duration as the delay.
3. The Second Party is able to utilize the First Party's customer service, referred to as "the Customer Service," after confirming the following:
(1) The Second Party can contact the Customer Service via email,Wechat call, or chat regarding the Services.
(2) The languages supported by the Customer Service are Chinese.
(3) English customer service representatives are available to meet the needs of the Second Party via E-mail or Wechat.
(4) The Customer Service will reply to the Second Party's inquiries within three days of receiving them. However, the response time may be longer depending on the situation and details.
(5) The First Party may request the Second Party to submit the history of email correspondence with the First Party or call records.
1. In accordance with Article 2, Clause 2 of these Terms and Conditions, the Second Party is eligible to begin utilizing the Services upon approval of their registration by the First Party.
2. The Second Party has the right to discontinue their use of the Services as outlined in Article 3, Clause 5 and Article 9 of these Terms and Conditions.
3. If the cessation of Service usage is caused by reasons specified in Article 9, the date of discontinuation will be determined by the First Party's notification to the Second Party.
（1）If the cessation of Service usage is due to reasons other than those stated in Clause 3, the date of discontinuation will be defined as the day when the Second Party receives the notice email from the First Party regarding the completion of the withdrawal procedure.
1. The First Party reserves the right to notify the Second Party, either through the Website or via email, regarding the interruption or termination of the Services, whether in advance or after the occurrence.
2. The First Party is authorized to suspend the provision of the Services when their delivery becomes challenging due to circumstances beyond the control of the First Party, such as technical issues with internet connection, political situations at national or international levels, natural disasters, and the like.
3. The First Party may encounter difficulties in providing the Services or may offer a significantly reduced number of lessons compared to the usual standard during national holidays in the location of the teachers, including but not limited to Christmas holiday.
4. In the event of service interruptions or a reduced number of lessons due to national holidays in location of the teachers, the First Party will notify the Second Party in advance through the Website or via email.
5．For the cases in clause 2 and 3, the First Party will not entertain any requests for refunds or compensation from the Second Party.
1. If the Second Party desires to suspend, reinstate, or cancel their membership for personal reasons after receiving a notification of completed registration via email, the Second Party is deemed to acknowledge and confirm the following (1) to (6) conditions:
(1) If the Second Party wishes to suspend or cancel their membership, they must submit a request for suspension or cancellation to the First Party, specifying the desired period of suspension or cancellation, at least 5 days prior to the previous day of PayPal settlement.
(2) The Second Party can cancel their membership by following the designated cancellation procedures. They are required to fill out the necessary details in a designated cancellation form, which should then be submitted to the First Party. The First Party will acknowledge the completion of the cancellation request by sending a notification via email. Upon receiving this notification, the cancellation request is considered complete.
(3) The First Party will process the withdrawal procedure within one month from the expiration date. By canceling their membership, the Second Party forfeits all rights associated with the Services and relinquishes any claims against the First Party.
(4) If the Second Party made a payment via PayPal on "My Page," the cancellation of automatic payment must be carried out by the Second Party themselves. If the First Party fails to confirm the cancellation of automatic payment, it is assumed that the Second Party wishes to continue using the Services, and the First Party will continue providing the Services accordingly. However, if the First Party is unable to confirm the completion of the cancellation procedure for PayPal automatic payment by the Second Party after the second PayPal automatic settlement following the receipt of the Second Party's withdrawal petition, and if the First Party is unable to confirm any lesson reservations for more than one month before the second PayPal automatic settlement, it is deemed that the Second Party no longer wishes to continue using the Services, and the First Party will proceed with the cancellation of the PayPal automatic settlement procedure. In this case, the First Party will not entertain any requests for refunds or compensation from the Second Party.
(5) If the Second Party selected a payment method other than PayPal automatic settlement, and the First Party does not receive any cancellation notifications from the Second Party, the day when the usage of services is completed will be considered the exact day of membership suspension. Additionally, if the Second Party, who is enrolled in any Ticket Plans, uses PayPal settlement as the payment method but the First Party is unable to confirm the next payment, the day when the usage of services is completed will be considered the exact day of membership suspension.
(6) If the Second Party wishes to reinstate their membership after a period of suspension, they must submit a request for reinstatement to the First Party via email at least 5 days prior to the desired reinstatement date.
2. Upon cancellation of their membership, if the Second Party wishes to register for using the Services again, they will need to follow the registration procedure once more.
3. In the event described in the preceding clause, any possessions or privileges that the Second Party previously had during their membership will not be carried over.
1. If the Second Party wishes to cancel or change the Services after receiving a confirmation e-mail of payment, the following conditions must be met:
(1).The petition for cancellation or change of registration can only be accepted during the First Party's business hours. If the petition is submitted outside of the business hours, it will be processed on the next business day.
(2).If the Second Party intends to cancel the registration within 5 days of receiving the notification of "confirmation payment" and desires a refund, the cancellation fee will be determined as follows:
a. If the Second Party has not registered for any courses, no cancellation fee will be charged.
b. If the Second Party has registered course:
(a). For Silver and Gold member applicants: Cancellation fee = membership fee x elapsed days/total days.
(b). For Bronze member applicants: Cancellation fee = membership fee x elapsed times/total times.
(3).If the Second Party intends to cancel the registration exceed 5 days of receiving the notification of "confirmation payment" and desires a refund, the refund rules and cancellation fee will be determined as follows:
a. For Silver and Gold member applicants: Cancellation fee = membership fee x elapsed days/total days + 20% x membership fee x left days/total days.
b. For Bronze member applicants: No refunds.
2. If the calculated cancellation fee is less than CNY350, the cancellation fee will be set at CNY350.
3. If the Second Party makes multiple payments using the same name or log-in ID, the First Party will not refund the excess amounts.
4. If the First Party approves the refund, the calculated amount will be deposited into the bank account specified by the Second Party by the end of the following month, upon receipt of the required refund documents. The Second Party is responsible for covering any bank charges incurred in the process.
1. The First Party reserves the right to refuse registration or cancel a registration if the Second Party falls into any of the following categories. In such cases, any payments that have already been processed will not be refunded:
(1) If the Second Party fails to comply with these Terms and Conditions.
(2) If the Second Party does not actually exist.
(3) If the Second Party registers as a member pretending to be someone else.
(4) If the Second Party provides false, erroneous, or incomplete information during the registration process.
(5) If the Second Party is already registered as a trial member.
(6) If the designated bank account or credit card of the Second Party has been suspended or is undergoing a similar process.
(7) If the Second Party is a minor, adult ward, warrantee, or person with limited guardianship and has not obtained prior consent from a guardian or legal guardian at the time of registration.
(8) If the First Party determines that the Second Party has engaged in inappropriate behavior or actions in relation to the Services, for any other reason.
2. If the Second Party has engaged in inappropriate use of the Services as defined in the preceding clause, the First Party has the right to claim a fee of CNY7000 from the Second Party for each instance of inappropriate use.
3. The aforementioned liability shall remain applicable even after the Second Party cancels their membership.
1. In the event of any changes to the Second Party's registered information with the First Party, the Second Party is required to promptly follow the necessary procedures to update the information.
2. The First Party shall not be held responsible for any damages or inconveniences incurred by the Second Party due to their failure to update their registered information.
The First Party reserves the right to change, amend, or add new regulations to these Terms and Conditions without obtaining prior agreement from the Second Party. Any changes made to the Terms and Conditions will be effective immediately upon their publication on the First Party's official platform. The Second Party is responsible for regularly reviewing the Terms and Conditions to stay informed about any modifications. Continued use of the Services after the implementation of any changes indicates the Second Party's acceptance of the revised Terms and Conditions.
1. The First Party is authorized to send the Second Party emails containing notifications, advertisements, surveys, and other relevant information.
2. The Second Party has agreed to receive communications from the First Party via email and other means before completing the membership registration process.
1. The First Party is responsible for managing the Second Party's registered information in accordance with the Privacy Policy, which is separately stipulated by the First Party. However, there are certain cases in which the First Party may supply or disclose the Second Party's registered information to third parties, as outlined below:
(1) With the explicit consent of the Second Party.
(2) When the First Party is legally obligated to disclose such information to public organizations, based on regulations stipulated by law or other applicable regulations.
(3) When publishing user names and nicknames registered using alphabet characters on the Services' reservations page, and other similar platforms.
2. The Second Party is responsible for handling and storing their registered information under strict control.
3. The Second Party acknowledges that any damages resulting from lapses in memory, loss, or inappropriate management of their registered information by the Second Party will be the sole responsibility of the Second Party, and the First Party bears no liability in such cases.
4. If the Second Party becomes aware that their registered information has been misused by a third party, it is their responsibility to promptly notify the First Party and follow their instructions in this regard.
In the event that the Second Party incurs any damages that are not directly related to the provision of the Services by the First Party, the First Party shall bear no responsibility for such damages.
1. When using the Services, the Second Party is strictly prohibited from engaging in or being at risk of engaging in the following conduct:
(1) Transferring, allowing use, selling, changing the name, pledging, or offering as collateral to others the rights of the Second Party to use the Services.
(2) Infringing on the First Party's intellectual property rights, including copyright, patent rights, utility model rights, design rights, trademark rights, image rights, portrait rights, publicity rights, or privacy rights.
(3) Engaging in slanderous, abusive behavior or any other behavior that can damage the reputation and credibility of other users of the Services or the First Party (including the School and the School's staff). This includes threatening acts, obscenity, indecency, immorality, insults, and any behavior that causes repulsion.
(4) Behaviors that result in disadvantages or financial/emotional damages to other users of the Services or the First Party (including the School and the School's staff).
(5) Engaging in illegal behavior or behavior that goes against the order and morals of your native country, Hong Kong or the location of the teachers.
(6) Engaging in criminal behavior or behavior connected to criminal acts in your native country and China.
(7) Encouraging or promoting illegal acts among other users of the Services or the First Party (including the School and the School's staff).
(8) Participating in electoral campaigns, religious activities, or any related behaviors.
(9) Behaviors that hinder the operation of the Services.
(10) Harassing or engaging in antisocial behavior against the School's staff, teachers, or any behavior that hinders the progress of a lesson.
(11) Using the Services for business purposes or any preparations thereof.
(12) Engaging in behavior that generates business trade or financial benefit among other users of the Services.
(13) Attempting to make personal contact outside of the Services with other users whom the Second Party has met through the Services.
(14) Sending false information.
(15) Using the Services to publish, disclose, supply, or send information to others that may be linked to discrimination or considered ethically questionable.
(16) Inquiring into confidential information that is generally undisclosed by the First Party, such as a teacher's employment conditions, the location of the School, the Internet connection, etc.
(17) Attempting to make personal contact directly or via proxy with a teacher via email, whether using online or offline methods.
(18) Encouraging teachers to work for services/companies that are in competition with the First Party.
(19) Giving money or goods to teachers.
(20) Using one account between multiple members.
(21) Participating in a lesson by holding multiple accounts, using one account to book a lesson, then canceling it, then re-booking the same lesson straight after using another account.
(22) Engaging in any other behavior deemed inappropriate by the First Party.
2. If the Second Party engages in behavior defined in Items (9) to (11) and (16) to (19) of the preceding clause, and such behavior is the primary cause of specific situations listed below, the Second Party shall be liable to compensate the First Party with CNY70000 per affected teacher. This liability remains applicable even after the Second Party’s membership is canceled.
(1) The teacher ceases to continue working for the First Party.
(2) The teacher starts working for a service/company that is in competition with the First Party.
3. The Second Party's penalty for mandatory payment due to violation in the previous clause will still be applicable even after the Second Party withdraws their membership.
4. If the Second Party engages in behavior defined in Clause 1 of this Article, and as a result, the First Party incurs damages, the Second Party shall be liable to compensate the First Party.
5. If the First Party determines that the Second Party has engaged in or is at risk of engaging in behavior defined in Clause 1 of this Article, the First Party reserves the right to delete any related material (produced works, opinions, etc.) without prior notice or agreement from the Second Party, and may also restrict their rights.
6. If the First Party determines that the Second Party has engaged in behavior defined in this Article, which is deemed serious and malicious, the First Party reserves the right to forcibly cancel their membership without prior notice or agreement from the Second Party, and may also prohibit their future use of the Services.
7. In the case of the preceding clause, the First Party is not obligated to refund any money already paid by the Second Party.
The Second Party acknowledges and agrees that the First Party shall not be held liable for any damages arising from or in connection with the following reasons:
1. **Use or Inability to Use the Services**: The First Party shall not be responsible for any damages resulting from the Second Party's use or inability to use the Services.
2. **Sending of Information and Unauthorized Access**: The First Party shall not be liable for any damages caused by the sending of information, unauthorized access, or changes to the Second Party's data.
3. **Third Party Communication and Behavior**: The First Party shall not be held responsible for any damages arising from verbal or written communication or behavior by a third party during the use of the Services.
4. **Learning Effects**: The First Party shall not be held responsible for any damages resulting from the learning effects or any other consequences of using the Services.
5. **Damages Caused by Second Party's Information**: The First Party shall not be liable for any damages caused by the information conveyed by the Second Party during the lessons.
6. **Second Party's Inability to Take Services**: The First Party shall not be held responsible for any damages if the Second Party is unable to take the Services due to their own circumstances.
7. **Inconveniences in Lesson Schedule**: The First Party shall not be liable for any inconveniences in the lesson schedule that are caused by the First Party or the teachers. However, if the First Party is unable to provide the number of contracted lessons, the Second Party will be entitled to the same number of alternative lessons.
8. **Damages to Lesson Materials**: The First Party shall not be held responsible for any damages to materials used in a lesson, such as a broken PC, headset, or textbook.
9. **Unsatisfactory Use of Services**: The First Party shall not be held liable for any damages if the Second Party has not been able to make satisfactory use of the Services under the following circumstances:
a. Insufficient lesson availability due to a sudden increase in student numbers or communication issues in China.
b. Inability to book a lesson for desired time slots.
c. Inability to book a lesson with a particular teacher.
d. Suspension of a lesson due to power outages or communication issues experienced in China, which are unavoidable.
Please note that the limitations of liability outlined in this article are applicable to the extent permitted by law.
All copyrights and ownership rights pertaining to the trademarks, logo marks, and published information related to the Services are held by the First Party. The Second Party is strictly prohibited from using any of these without obtaining prior permission from the First Party. Unauthorized use of such intellectual property is in violation of this agreement and may result in legal action.
These Terms and Conditions are governed by and interpreted in accordance with the laws of Hong Kong. In the event of any disputes arising between the First Party and the Second Party in relation to the Services or these Terms and Conditions, both parties agree that the exclusive jurisdiction and venue for such disputes shall be The District Court of the Hong Kong, serving as the court of first instance.
These Terms and Conditions were initially issued on March 1st, 2023. Last revised on December 26, 2023.