The term "Internet Tutorial Services" as referred to herein means the teaching, assessments, or other related services conducted via Internet connection, as authorized by Hong-Guan Art Co., Ltd. (hereinafter referred to as "the Company," "Hong-Guan," or "we"), through the website system at hongguanartonline.com (hereinafter referred to as "the Services"). The rights and obligations regarding the Services are governed by the terms and conditions of this contract.
1. Contract Review Period and Basic Information of the Parties
- Consumers are entitled to review all the terms of this agreement within three days.
- You, as someone who has successfully entered into a contract with the Hong-Guan Art Online Platform (hereinafter referred to as "Member" or "Consumer") through the procedures on this platform, have your personal information and purchased course details listed in your Member Center page.
- Hong-Guan Art Co., Ltd. (hereinafter referred to as "Hong-Guan Art")
Representative: Lin Wen-Tse
Phone: 02-8773-8720
Customer Service Email: [email protected]
Office Address: 5F, No. 137, Section 1, Fuxing South Road, Da-an District, Taipei City
Unified Business Number: 00035530
2. Description of the Services
The service content includes the following:
- Website URL providing this service: hongguanartonline.com
- Applicable users of this service: No restrictions
- Teaching content provided by Hong-Guan Art under this service: According to the courses purchased by members, including but not limited to art and design categories.
- The number of teaching courses and bonus courses provided by Hong-Guan Art is based on the list of purchased courses on your Member Center page.
3. Equipment Specifications
Hong-Guan Art shall clearly inform consumers of the basic specifications and requirements for the hardware and software equipment necessary to use this service:
- Software requirements: A computer or mobile device capable of running a web browser.
- Hardware requirements: A stable internet connection device.
- The consumer shall connect to the network accessing the system of the designated website of Hong-Guan Art via legally operated telecom services unless otherwise agreed to be provided by Hong-Guan Art. The rights and obligations arising from renting such network access shall be governed by the contract between the consumer and the telecom service provider.
- If Hong-Guan Art fails to inform the consumer in advance as specified in the preceding section, resulting in the consumer's inability to use the service or affecting its quality, the consumer may claim that this agreement is void.
4. Formation and Effectiveness of the Contract
- If you purchase this service via the internet, by clicking the "Agree" button on the webpage designated by the Hong-Guan Art Online Platform, you agree to purchase this service and consent to express your intent through electronic documents. Hong-Guan Art will immediately provide a reconfirmation mechanism on the platform for you to verify the content of the electronic document. Upon your reconfirmation, this agreement is established and effective.
- Apart from the above, this agreement is established when both parties sign or seal this contract.
5. Legal Representatives
If the consumer has limited legal capacity, this agreement shall only take effect with the consent of their legal representative. For those without legal capacity, the agreement shall be signed on their behalf by their legal representative.
Failure to comply with the preceding provision shall render this agreement void, except under circumstances specified in Article 83 of the Civil Code. The business operator cannot demand the consumer's legal representative to fulfill or compensate for the agreement.
6. Usage Period
The period, frequency, or rights granted for the use of this service by the business operator are as follows:
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Fixed-term usage:
- The usage period begins from the day the consumer receives the login account, serial number, or password provided by the business operator, for a duration of __________.
- During the above period, consumers may use the service unlimitedly and without time restrictions per use.
- Usage-by-count: Consumers may use the service a total of __________ times.
- Usage-by-duration: Consumers may use the service for a total of __________ (unit of time).
- Others: When a course (or purchased content, including but not limited to images, text, videos, audio, hereinafter referred to as "content") is available for use, and you start downloading the content via a mobile device or begin viewing course videos or content, the course (content) is deemed delivered. Additionally, as long as you legally purchase this course (content) under this agreement and without violating its terms or relevant regulations, Hong-Guan Art will continue to provide platform services.
7. Guarantee Authorization
Hong-Guan Art shall ensure it has the legitimate rights to the content authorized to consumers under this agreement. Should Hong-Guan Art violate this provision, causing consumers to be unable to continue using the service, it shall compensate for the resulting losses. Without prior written consent from Hong-Guan Art, consumers are prohibited from transferring their usage rights to others.
8. Authorization Usage Fee
- The service license fee amount is specified in the purchased content list.
- Hong-Guan Art may offer discounted prices for consumers to optionally purchase additional products, courses, or services.
- For teaching courses or services purchased at a discount under the preceding provision, the termination of the contract shall follow the provisions in Clause 16, Paragraph 2.
- At the time of signing this agreement, any gifts provided by Hong-Guan Art under the name of "gifts" will not be reclaimed or deducted from the refundable amount upon contract termination or cancellation. This provision also applies to teaching courses given as gifts with specified quantities or usage periods.
- The value of the aforementioned "gifts" shall not exceed half the value of the teaching courses or services.
9. Payment Methods
Both parties agree that the service license fee shall be paid in full upfront or in installments through payment service providers partnered with Hong-Guan Art. If the consumer fails to pay an installment on time, and the overdue amount reaches two-fifths of the total installment amount, Hong-Guan Art may demand payment within a period of no less than ten days. If the consumer fails to fulfill the payment within the specified period, Hong-Guan Art may terminate the agreement, cease the service, and claim the unpaid amount, interest at an annual rate of 5%, and a penalty equivalent to 20% of the unpaid installment total.
10. Principles of Authorized Usage
If the consumer engages in any of the following behaviors, they shall bear all legal responsibilities, and Hong-Guan Art may notify the consumer to terminate this agreement, which the consumer shall not refuse:
- The consumer deliberately disseminates computer programs that disrupt the normal operation of Hong-Guan Art's online platform system.
- The consumer disseminates on Hong-Guan Art's system any texts, images, or videos that are threatening, defamatory, infringe on others' privacy, obscene, or violate mandatory or prohibitory regulations, public order, or good morals.
- If the consumer engages in unlawful activities or conducts that violate the provisions of this agreement through this service and fails to rectify the situation within the time limit after being notified by Hong-Guan Art, the company may notify the consumer to terminate this agreement, which the consumer shall not refuse.
Hong-Guan Art reserves the right to independently determine and immediately suspend the transmission (or remove) of any aforementioned content and take appropriate actions, including but not limited to suspending the consumer's use of all or part of the service, removing the content, or retaining relevant records.
11. Obligations of the Consumer
- Consumers are obligated to pay the license fees incurred from using this service on time and to settle any outstanding fees generated before the termination of this agreement.
- Consumers are obligated to properly safeguard their user accounts and personal passwords to prevent third-party access.
- Consumers are obligated to adhere to the authorized usage principles stipulated in this agreement when using this service.
- If the personal information registered by the consumer under this agreement is incorrect or has changed, the consumer shall promptly notify Hong-Guan Art to request corrections. If the consumer's negligence in notifying results in damage to their rights, the consumer shall be solely responsible.
- Consumers are prohibited from reproducing, publicly transmitting, reselling, publicly broadcasting, sharing, downloading, or using this service in any way outside of this platform.
- During the validity period of this agreement or after its termination, consumers shall not engage in any malicious actions that damage the reputation of Hong-Guan Art.
12. Handling of Unauthorized Use of Account and Password
Any actions performed by logging into the Hong-Guan Art online platform system using the consumer's account and password shall be presumed to be the consumer's actions.
If either party discovers that the consumer's account or password has been unlawfully or improperly used by a third party, they shall immediately notify the other party. Upon confirmation by the consumer of such misuse, Hong-Guan Art shall immediately suspend the use of the account or password and assist the consumer in replacing the account or password.
In the preceding situation, unless Hong-Guan Art can prove that the unauthorized or improper use of the consumer's account or password was due to the consumer's own fault, Hong-Guan Art shall compensate the consumer within seven business days by extending the usage period or refunding deducted usage instances or time units.
13. Service Quality
- Hong-Guan Art shall provide a service with reasonably expected security and ensure that its system equipment does not encounter errors, screen freezes, delays, interruptions, or connectivity issues.
- If Hong-Guan Art violates the preceding provision due to its own fault, it shall correct or repair the issue within one week.
- Consumers understand that courses on the Hong-Guan Art online platform are provided by individual instructors. While Hong-Guan Art makes every effort to ensure the accuracy of teaching content and materials provided by instructors, if consumers notify the company of potential errors in courses or materials, Hong-Guan Art will assist in confirming the content with the instructors and complete the initial confirmation within seven business days of notification.
- If the consumer experiences significant system malfunctions or errors in teaching content or materials three times or more while using this service, and Hong-Guan Art fails to correct or repair the issue after being promptly notified, the consumer may terminate this agreement by notifying Hong-Guan Art, which shall not refuse. Hong-Guan Art shall apply Article 16 to refund the license fees paid by the consumer.
- If issues such as errors in teaching content, screen freezes, interruptions, connectivity problems, or other quality defects occur due to reasons attributable to Hong-Guan Art's partners, Hong-Guan Art shall immediately correct or repair the issue.
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Hong-Guan Art does not guarantee the following:
- That this service will meet the consumer's specific requirements.
- That any products, services, information, or other courses purchased or obtained through the Hong-Guan Art online platform will meet the consumer's expectations. The decision to use this service is at the consumer's own discretion and risk.
14. Performance Guarantee Obligations of the Enterprise Operator
For service license fees that are prepaid for a period exceeding one year and where the prepaid amount exceeds NT$50,000, Hong-Guan Art shall, for the amount exceeding NT$50,000, either establish a trust account in accordance with trust regulations or provide a performance guarantee through a bank as a performance assurance measure.
15. Handling of Service Suspension
When Hong-Guan Art deems it operationally necessary to relocate, replace, upgrade, maintain, or repair the software and hardware equipment related to this service, it may suspend all or part of the service.
If Hong-Guan Art suspends all or part of the service due to the aforementioned reasons, it shall announce such suspension seven days in advance on the homepage of the service website and during the service period, and notify consumers via email or in writing. However, this requirement does not apply to situations of an emergency, urgency, or reasons not attributable to the business operator.
16. Contract Amendments
- When Hong-Guan Art modifies this agreement, it shall announce the changes on the platform 30 days in advance and simultaneously notify you via email.
- If the consumer does not express opposition and continues to use the service, Hong-Guan Art shall continue providing the service in accordance with the modified terms of the agreement.
- If the consumer disagrees with the changes in the first clause, they may terminate the agreement within 30 days of the announcement. Hong-Guan Art shall return the service license fees to the consumer in accordance with Article 16.
17. Contract Termination and Refund
In the following circumstances, if the consumer or the individual designated by the consumer at the time of course purchase has not viewed the specified trial course units or content beyond the preview sections, they may notify Hong-Guan Art to terminate the agreement. Unless there are legitimate reasons, Hong-Guan Art shall not refuse:
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After the official course begins, if the consumer has only viewed the "Free Trial" content and has not watched the full course content:
- If a refund is requested within 7 days of purchase, the full course fee shall be refunded.
- If a refund is requested within 30 days of purchase, 30% of the course fee shall be refunded.
- If a refund is requested after 30 days of purchase, the course fee will not be refunded.
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After the official course begins, if the consumer has started viewing the course content:
- If a refund is requested within 3 days of purchase or if the viewed course content does not exceed 5% of the total course, 30% of the course fee shall be refunded.
- If a refund is requested within 10 days of purchase or if the viewed course content does not exceed 20% of the total course, 20% of the course fee shall be refunded.
- If a refund is requested within 30 days of purchase or if the viewed course content does not exceed 30% of the total course, 10% of the course fee shall be refunded.
- If the purchase exceeds 30 days or the viewed course content exceeds 30% of the total course, the course fee will not be refunded.
18. Right to File Complaints
For the services provided by Hong-Guan Art, consumers may lodge complaints by calling Hong-Guan Art’s service hotline. Complaints may also be submitted via email, in writing, or in person at Hong-Guan Art's business premises. Hong-Guan Art shall appropriately handle the complaint within 15 days from the date it is received.
19. Attachments to the Contract
- The advertisements, installment repayment schedules, and warranty statements related to this agreement are all considered part of this agreement.
- If the contents of the aforementioned advertisements, installment repayment schedules, and warranty statements conflict with the terms of this agreement, the provisions more favorable to the consumer shall apply.
- At the time of the agreement's establishment, Hong-Guan Art shall provide consumers with the agreement, installment repayment schedules, and warranty statements for download, printing, and storage.
20. Jurisdiction Court
All disputes arising from this agreement shall be subject to the jurisdiction of the Taiwan Taipei District Court as the court of first instance. However, this does not preclude the application of Article 47 of the Consumer Protection Act or Article 436-9 of the Code of Civil Procedure regarding the jurisdiction of small claims courts.