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Terms of Use

Terms of Use

By accessing the website of The China Academy ("the Site") that has directed you to these terms of use, by otherwise accessing any content or features found on the Site (including but not limited to, RSS feeds), you are entering into an agreement with The China Academy and agree to the terms that follow (the "Terms").

Please review ourPrivacy PolicyandCookie Policyto learn more about how we use any personal data that you provide about yourself.

  • Intellectual Property
  • Use of The China Academy Content
  • Registration, Passwords and Responsibilities
  • Subscription and Cancellation
  • Fees and Payments
  • User-Created Content
  • Privacy Policy and Cookie Policy
  • Changes to the Site and Digital Applications
  • Gift Subscriptions
  • Liability and Indemnity
  • Force Majeure
  • Miscellaneous
  • Term and Termination
  • Governing Law and Jurisdiction
  • Previous versions of our Terms
Intellectual Property

The contents and design of the Site, any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "The China Academy Content"), is copyright of The China Academy and its licensors. Neither a Subscription nor any other consuming of The China Academy content entitles you to any commercial or promotional use rights in the The China Academy Content. You may not use or reproduce or allow anyone to use or reproduce any trade marks for any reason without written permission from The China Academy. The software that operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

Use of The China Academy Content

All The China Academy Content is strictly for personal, non-commercial use only.

You may retrieve and display The China Academy Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any The China Academy Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from The China Academy:

  • reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of The China Academy;
  • or modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the China Academy (including as part of any library, archive or similar service);
  • remove the copyright or trademark notice from any copies of The China Academy Content;
  • avoid, bypass or override the paywall on our except pursuant to a valid Subscription or your entitlement as a Registered User;
  • use or permit the use, where by automated means or otherwise, of any software, tool or other device (including, but not limited to robots, crawlers, spiders or scripts) on any Sites, or otherwise on The China Academy Content, in order to copy, collect or scrape on the Sites, or The China Academy Content (other than any such use by a public search engine for the sole purpose of providing direct, non-amalgamated links to The China Academy Content that do not include any generative or derivative works based on or including The China Academy Content);
  • conduct data mining on, apply machine learning tools or models to, or train machine learning tools or models or any other artificial intelligence technology on, any Sites, or The China Academy Content;
  • use artificial intelligence tools or models for the purposes of generating text, images or any other material, output or derivative works based on or using The China Academy Content, whether or not in the same or similar style as The China Academy Content.

Any use of The China Academy Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to us, by email at [email protected].

Registration, Passwords and Responsibilities 

You are responsible for keeping your information and passwords up to date and confidential.

Certain areas or features of our Sites may only be open to Registered Users or Subscribers. 

By purchasing a Subscription or agreeing to a free trial in respect of a Subscription (a “Free Trial”), you will become a subscriber of The China Academy (a “Subscriber”).

By registering for an account on our Site without also becoming a Subscriber or agreeing to a Free Trial, you will become a customer of The China Academy as a “Registered User”.

By providing your email address on certain Sites in order to receive certain benefits, products or services without also becoming a Subscriber or Registered User, you will become a “Recipient”.

A Subscriber shall only be entitled to one Free Trial per account and following completion of a Free Trial, any offers or promotions of a Free Trial shall not be applicable to that Subscriber.

Certain areas or features of our Sites are only accessible to Subscribers that have purchased a certain type of Subscription or agreed to a Free Trial. 

Certain features of our Sites may only be open to Registered Users or Recipients.

The China Academy reserves the right to amend or vary The China Academy Content available to Subscribers, Registered Users and Recipients from time to time (for the avoidance of doubt, including in respect of any Subscription). In addition, and if we have appropriate marketing permission, we may contact you from time to time in accordance with our Privacy Policy.

You are solely responsible for the confidentiality and use of and access to The China Academy Content and using your user name and/or password. You agree to immediately notify The China Academy if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any The China Academy Content. You will provide The China Academy with accurate, complete registration information and inform The China Academy of any changes to such information. For the purpose of confirming your compliance with these Terms, The China Academy reserves the right to monitor and record activity on the Site, including access to The China Academy Content.

Each Subscription and registration as a Registered User is for the personal use of the Subscriber or Registered User only. You may not share your log-in details or password with any other person. You may not share or transfer your Subscription. The China Academy does not allow multiple users (networked or otherwise) to access the Site through a single name and password and may cancel or suspend your access to the Site if you do this, or breach any of these Terms without further obligation to you.

Subscription and Cancellation

Subscriptions

The China Academy reserves the right to vary the amount of content and types of service that it makes available to different categories of users at any time, including without limitation in respect of any Subscriptions and to Registered Users and Recipients.

The China Academy will try to process your Subscription promptly but does not guarantee that your Subscription will be activated by any specified time. By submitting your payment and other Subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you (or, in the case of a gift Subscription, the beneficiary of the gift) with access to the Subscription. You will receive written confirmation when your Subscription offer has been accepted (beginning the fulfilment of a Subscription does not signify acceptance).

We will update you from time to time about these benefits.

Renewal

When you place your Subscription order with us, if you choose an auto-renew payment option, including direct debit, you agree that at the end of the initial subscription period (and of each renewal period thereafter), your subscription will automatically renew for the same subscription period at the then prevailing renewal rate, which may be changed from time to time. If there are any changes to the amount or frequency of your payment, The China Academy will notify you at least two weeks in advance of payment being taken. In order to avoid any failure or delay with your renewal, you should keep your funding source information current (i.e. card number, expiry date and security code (or comparable feature)). If this payment information changes or is about to expire, The China Academy may update it in our payment systems at our sole discretion without any action on your part according to information received from your payment service provider and/or third parties (including but not limited to our financial services partners and certain card payment networks) in accordance with law and by agreeing to these Terms of Use, you hereby authorise us to continue to take payment for your subscription using such updated information. If we update your funding source information, we may retain any preference setting attached to it. If you do not want us to update your payment information as described above, you may contact your bank or card issuer to request this or remove the funding source in your account profile.

If you do not choose an auto-renew payment option for your subscription (where applicable), we will contact you at the end of the initial subscription period with an offer to renew your subscription at the then prevailing renewal rate, which may be changed from time to time.

Cancellation 

You have the right to cancel your Subscription at any time. Please note that if you purchase a subscription, by placing your order you agree that we will start your subscription immediately and you acknowledge that you will lose your right to a refund in relation to any period prior to your cancellation.

If you exercise your right to cancel, we will:

  • cancel the next renewal of your subscription such that your subscription will end at the renewal date of your current subscription term and you will not be charged any further amounts following the expiry of your existing subscription

If applicable, any reimbursement will be settled as described in the "Fees and Payments" section below.

Contract and Disputes

As detailed above, The China Academy shall provide your subscription in accordance with these Terms (and the terms of any offer or promotion that may apply to your subscription). Should you have any queries please contact us at [email protected].

Fees and Payments

You are responsible for any fees that are payable including any processing or other fees charged by the issuing bank/payment provider.

The price to be paid for your subscription will be made clear to you on the subscription order pages or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your subscription together with any processing or other associated fees charged by the issuing bank/payment provider. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. We will always inform you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

As well as subscriptions, access to some The China Academy Content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in the applicable currency specified by The China Academy. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site using your ID.

When you purchase a subscription or access to any other The China Academy Content, you must provide us with complete and accurate payment information. By submitting payment details you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your subscription or The China Academy Content and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.

If your use of the Site or any subscription is terminated by The China Academy, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms (which will be determined solely by The China Academy). You will continue to be responsible for any fees or other charges you have incurred prior to such termination.

You may be able to use the Site to purchase products or services from The China Academy’s third party partners. In that event, your contract for such products will be with the third party partner and not with The China Academy. If you are entitled to a refund under these Terms, we will initially attempt to make refunds via the payment method that was used for the original purchase. If it has expired or there are other issues, we will contact you to arrange for an alternative payment method.

User-Created Content

You are responsible for all content you post.

The Site may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to The China Academy and interaction between users and The China Academy’s guest speakers. While The China Academy does not control the information/materials posted by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to The China Academy Content.

You are solely responsible for the content of your Messages. You may not:

  • Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
  • Post, link to or otherwise publish any Messages that infringe copyright;
  • Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
  • Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of The China Academy;
  • Post the same Message, or a very similar Message, repeatedly;
  • Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
  • Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
  • Disguise the origin of any Messages;
  • Impersonate any person or entity or misrepresent any affiliation with any person or entity;
  • Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
  • Collect or store other users' personal data;
  • Restrict or inhibit any other user from consuming The China Academy Content.

By submitting Messages to the Site you agree to indemnify and hold harmless The China Academy from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.

The China Academy has no control over individuals posting Messages on the Site. The China Academy cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Site and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.

By submitting a Message to the Site you are granting The China Academy a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. The China Academy reserves the right to contact you by e-mail about your use of the Site. You waive any moral rights that you may have in regard to the Messages you submit.

It is not possible for The China Academy to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify The China Academy immediately by contacting us at [email protected].

Privacy Policy and Cookie Policy

The China Academy respects your privacy.

The information that you provide about yourself to The China Academy will be used in accordance with The China Academy Privacy Policy.

By visiting our website with cookies enabled, and accepting cookies via our cookie consent tool you agree to the use of cookies as explained in the Cookie Policy. For more information on how we use cookies and to manage your preferences see Cookie Policy.

Changes to the Site and Digital Applications

The China Academy reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of The China Academy available on the Site and to restrict the use and accessibility of the Site.

Liability and Indemnity

All The China Academy Content and services are provided 'as is'. You indemnify us for breaches of these Terms.

Although we endeavour to ensure the high quality and accuracy of the Site, The China Academy makes no warranty, express or implied concerning The China Academy Content, the Site or any software that are made available through the Site (the " Services"), which are provided "as is". The China Academy expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will The China Academy, its affiliates, agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if The China Academy has been advised of the possibility that such damages may arise. The China Academy does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.

In no event will any liability of The China Academy or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by The China Academy exceed the amount, if any, paid by you to The China Academy for the particular Service to which the claim relates.

Upon The China Academy's request, you agree to defend, indemnify and hold harmless The China Academy, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.

Force Majeure

The China Academy will not be held responsible for circumstances beyond its control.

The China Academy, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the China Academy that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

Miscellaneous

Additional Terms apply to your use of The China Academy.

Changes to these Terms. The China Academy may, in its discretion, change these Terms (including those that relate to your use of the Site, or The China Academy Content). Whenever the Terms are changed, The China Academy will notify you by e-mail, directly through the Site, or by publishing the revised terms on the website. If you use the Site after The China Academy has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain The China Academy Content may be subject to additional terms and conditions. The China Academy may also modify, limit or terminate any subscription offer at any time without prior notice.

Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. The China Academy is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site may also contain links to other web sites. The China Academy is not responsible for the availability of these websites or their content.

Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by The China Academy.

Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein.

Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.

Headings. Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.

Term and Termination

The China Academy may terminate or suspend your access to The China Academy Content at any time.

The China Academy may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and any The China Academy Content) with or without cause by delivering notice to you.

These rights of termination are in addition to all other rights and remedies available to The China Academy under these Terms or by law.

Governing Law

Regardless of where users or Subscribers are based, these Terms shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”), without giving effect to any principles of conflict or choice of laws.

All legal proceedings, including but not limited to disputes, differences, actions, claims or demands, arising out of or in connection with these Terms and your relationship with the [*] as a user or Subscriber (whether contractual or non-contractual) shall be brought solely in Hong Kong.