Terms and Conditions
OSENS Shanghai Cultural Creative, limited liability company, (hereinafter "OSENS" or "we/us/our") provides services, products and information via our website (located at http://www.osens-shang- hai.com), Osens Academy (located at http://www.osens-shanghai.com/academy) and other platforms which may be added or removed at any time. Collectively, these sites are referred to as the“Plat- form(s)" and include all versions accessible through all devices (such as mobile and desktop apps, web browsers, etc.)
AlI visitors (hereinafter, "User(s)",“You”or "Your") to our Platforms are subject to the terms, condi- tions and notices set forth in these Terms and Conditions (the "Terms & Conditions"). Purchasers of Our products or subscribers to Our services may be subject to additional rules applicable to such transactions. These Terms & Conditions may be amended from time-to-time.
By using Our Platforms, purchasing Our products (physical and/or digital) or subscribing to Our ser- vices, You accept these Terms & Conditions and agree to comply with all of its provisions.
If You do not wish to accept these Terms & Conditions, DO NOT USE OUR PLATFORMS, PUR- CHASE OUR PRODUCTS OR SUBSCRIBE TO OUR SERVICES.
We provide products in the form of physical goods and downloadable digital products. We also provide access and subscriptions to courses and course materials. Collectively, we refer to our products, services, courses, and subscriptions as“Our Products" All purchasers of any of Our Products agree to the following conditions for any paid transaction with us (hereinafter, "Payment Terms' ). You warrant and represent that you are authorized to use any payment method you provide to uS (such as Visa accounts or credit cards). You agree to indemnify us against losses we may suS- tain as a result of any breach of this warranty. We use third-party vendors to process payments for Our Products. These vendors is currently Visa. Visit https://www.visa.com to view these vendor spe- cifc privacy policies and terms and conditions. Our Privacy Policy applies only to data over which We have control. Our Products that are sold and distributed in a digital format are non-refundable, including any subscriptions for a series of courses or memberships in any discussion groups or other online communities. Our Products that are physical goods ("Physical Products") are refundable if re- turned to China in unused condition within 30-days following delivery to You. Physical Products must be in the same condition in which You received them and must be returned in the same pack- aging with any labels remaining (not removed). You are responsible for the costs of any shipping for any returns. Within 30 days following receipt of any returned Physical Product, we will issue a refund of the purchase price of the Physical Product via the same payment method that was used to pur- chase the Physical Product. All shipping costs are not refundable and remain Your responsbility. reserve the right to change the costs of our Products at any time. Please check with our Platforms for the latest pricing.
Users of Our Platforms understand and agree that Our Platforms may only be used for lawful pur- poses and in accordance with these Terms & Conditions.
Users of Our Platforms represent that You are of legal age and capable of forming a binding contract with Us. These Terms & Conditions are a binding contract.
Prohibited Conduct. Users of Our Platforms understand and agree that You will not engage in any of the following conduct (collectively, "Prohibited Conduct").
You will not assist any third-party in engaging in any Prohibited Conduct. Links to our Platforms. You may provide links to the home page of Our Platforms, but not to any other content within Our Platforms. You may not provide links that frame Our content. You may not provide links in a manner that may damage Our reputation or that might indicate any form of associ- ation with Us or endorsement by Us.
From time-to-time, We may offer events in which attendees of Our events may interact with one-an- other and/or with Our staff and/or with Our invited guests. If You attend or participate in any of these events, whether by attending in person or through any of Our Platforms, You agree to the fol- lowing terms and conditions. If You do not agree, do not attend these events.
Our Rights. Our Platforms and the entire content appearing in Our Platforms including all text, images, software code, Submitted Content, audio and video and the design, layout, functionality and features of Our Platforms (collectively,“Our Materials") are owned by Us, Our licensors of Our Mate- rials and other providers of Our Materials. Our Materials are subject to the laws of the Mainland China and other jurisdictions via statute, treaty or otherwise. Such laws include those governing copyrights, trademarks, patents, trade secrets and other intellectual property rights (hereinafter, col- lectively, "Our Rights"). We reserve all of Our Rights to Our Materials. You are permitted to use Our Platforms solely for the non-commercial uses described in connection with our products and servic- es. No grant of Our Rights is expressed or implied in any use of or transaction through Our Plat- forms. Any license to Our Materials, expressed or implied, is subject to revocation at will in the exer- cise of Our sole discretion. No License. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit Our Materials except as may be permitted for specifc con- tent as part of a transaction involving Our services. You may not use any of Our Materials or Our trademarks, logos or tradenames without Our express, prior, written permission. Third Party Rights. Some content appearing in our Platforms may be owned by third parties and are licensed for use by Us. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit any third-party content except as may be permit- ted for specifc content as part of a transaction involving Our services. Trademarks and trade names of third parties remain the ownership of those third parties and may not be used without the permis- sion of their respective owners.Allegations of Infringement (DMCA). If You believe that any of Our Materials violates Your copy- right(s) or other rights, You may request removal of those materials from Our Platforms by submitting written notice in accordance with the Digital Millnnium Copyright Act (17 U.S.C. S 512) ("DMCA"). Your notice must include the following: Your name, address and contact information. A copy of the work(s) You believe are being infringed upon within Our Platforms. A readily identifable description and location with Our Platforms of the work(s) You believe are in- fringing. A statement signed by You attesting that You are acting on behalf of the copyright owner and that You believe, in good faith, that that the works You identifed as infringing are being used without au- thorization.
OSENS Shanghai
Cultural and Creative Co., Ltd.p>
Room 802, No. 88, Tianhui Plaza,p>
Lane 2009, Caoyang Road,
Putuo District, Shanghai
As-ls / As-Available. All of Our Platforms and Our Materials are provided to You on an as-is and as-available basis. We provide no guarantee that Our Platforms or Our Materials will be available at any given time or through any given device. No Warranties expressed or implied. Your use of Our Platforms and Our Materials is at Your own risk. We make no warranty, express or implied, regarding Our Platforms, Our Materials or the accu- racy, applicability, or usability of Our Materials for any purpose. We make no warranty that use of Our Platforms is free of viruses or other harmful or incompatible software that may damage any device on which You view Our Platforms or Our Materials. We disclaim any and all warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties of mer- chantability, non-infringement, and ftness for any particular purpose. Not liable for content. You assume any risk associated with any reliance You place on Our Materials whether such content is provided by Us or by any Users of Our Platforms or any other third-parties. No Legal Advice. Our Materials are not to be construed as legal advice in any manner. You should consult an attorney of Your choosing regarding any legal matter that You may have and not rely on any of Our Materials in making any decisions or taking or refraining from any actions. Opinions expressed are of individuals. Our Materials may contain opinions regarding a particular subject. In such event, the opinions expressed are those of the individual authors of those materials and are not to be construed as Our opinions. We are not responsible for any such opinions. Third-Party Links. We are not liable for any content or otherwise contained on any website or other- wise that You may encounter when following any link to any third-party. Limitation of Damages. To the maximum extent permitted by law, in no event shall OSENS, its licen- sors, licensees, affliates or partners, or the officers, directors, shareholders, equity-holders, mem- bers, employees, agents or attorneys of same be liable for any special, punitive, incidental, indirect or consequential damages, or any damages whatsoever, including, without limitation, any claims for damages arising from loss of use, loss of data, loss of profts, or any other such damages under any theory of liability, arising out of or in connection with the use of Our Platforms or Our Materials. You are solely responsible for any loss, claims or damages arising from any of Your Prohibited Conduct or Prohibited Submissions.
You agree to indemnify and hold harmless OSENS, its licensors, licensees, affliates or partners, and the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same, from and against any claim arising from or related to Your breach of these Terms & Conditions and/or Your Prohibited Conduct and/or Your Prohibited Submissions.
From time-to-time as Our Platforms and Our Materials evolve, we will update our Terms & Condi- tions and Privacy Policy. You agree to confirm that You have read and understood our most up-to-date Terms & Conditions and Privacy Policy prior to each occasion in which you access Our Platforms and Our Materials. We will post the date on which Our Terms & Conditions and Privacy Policy have been updated at the top of Our Terms & Conditions and Privacy Policy. We are under no obligation to provide you an e-mail or other notice regarding any updates to Our Terms & Condi- tions or Privacy Policy. Your continued access to Our Platforms and Our Materials constitutes con- sent to, and agreement with, these changes.
In the unlikely event that You have a dispute with Us regarding Your use of Our Platforms or Our Ma- terials, regarding or Our products, services, subscriptions or memberships, Our Privacy Policy, Our Terms & Conditions, Your relationship with Us (contractual or otherwise) or any other claim (collec- tively,“Disputes"), and we are unable to resolve that dispute through informal communications be- tween Us, You agree that any such Disputes will be subject to the following dispute resolution: Any Disputes shall be resolved by binding arbitration before a single arbitrator in accordance with the then-existing rules of the China Lawyers for the Arts, Arts Arbitration and Mediation Service. (See: https://www.wipo.int/. In the event that such arbitration service is no longer operating, then the Arbitration service of the Chinese Arbitration Association shall substitute. Venue for any such dispute shall be the Mainland China laws shall apply. You further agree that this dispute resolution mechanism shall be Your sole means to seek a remedy for any Dispute and that You will not engage in any class action or other collective action regarding any Dispute You may have with us. You un- derstand that by voluntarily providing information to Us, by using Our Website or by otherwise en- gaging in any transaction with Us involving Our products or services, that You are waiving any rights to a trial by jury or to join any collective or class action litigation involving any Dispute.
Notice is hereby provided that Users may contact Us as follows:
OSENS Shanghai
Cultural and Creative Co., Ltd.
Room 802, No. 88, Tianhui Plaza,
Lane 2009, Caoyang Road,
Putuo District, Shanghai
Any charges for use of Our Platforms is set forth at the point of payment for the services.
Users may contact the Complaint Assistance Unit of the China Consumers Association (CCA)- Con- sumers International:
3rd Floor, Building 12, Ganjiakou, Beiyi Street,
Fucheng Road, Haidian District,
Beijing
Post Code: 100037
Tel:010-63253100
Will you be in Shanghai any time soon?
Stop by the office!We'd love to meet.
+86-21-51001810 to 888
+86-21-51001810