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Terms and Conditions (The current English version found at www.trainchinese.com is legaly binding)

1. Acceptance of Terms

The use of the trainchinese web site which is provided by Trainchinese BV is subject to these Terms of Use. With log-in or using the trainchinese Web Site these Terms of Use are accepted in their then current version. These Terms of Use may be amended, modified or replaced by other terms and conditions at any time where the current version is made available at trainchinse.com.

2. Services

2.1 This trainchinese web site contains specific content and software, as well as - as the case may be - related software, for viewing or downloading Content to allow the User to study Chinese language and for the memorization of Chinese vocabulary.

2.2 Although we aim for a continuous availability of the trainchinese website, due to the nature of the internet and computer systems, Trainchinese BV cannot accept any liability for the continuous availability of the TrainChinese Web Site.

3. Registration, Password

3.1 The trainchinese web site is password protected. Only registered Users may access said pages. Any person of legal age may register to access the trainchinese web site by providing true, accurate and current information as prompted by registration form (the 'User Data') and maintain and promptly update the User Data to keep it true, accurate, current and complete.

3.2 Trainchinese BV is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area in particular if the User

  • uses false data for the purpose of registration;
  • violates these Terms of Use or neglects its duty of care with regard to User Data;
  • violates any applicable laws in the access to or use of the trainchinese web site; or
  • did not use the trainchinese web site for a longer period of time.

3.3 The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data.

4. Charges for usage:

The basic level of usage of trainchinese is free of charge. To access higher level of services via the trainchinese website the User will need to pay for a subscriptions and buy lists for placing words. The available levels of subscriptions and other prices are published on the trainchinese web site. The scope and price for subscriptions may vary from time to time. The payment of subscriptions and lists can be done with credit cards.

The offer of an Unlimited or Lifetime subscription guarantees the availability of that service on this website for at least 3 years after purchase of the Lifetime or Unlimited subscription. We can not consider any refund in case that the service is interrupted at a time which lays beyond the 3 years after the purchase. The same applies for purchase of Unlimited lists.

5. Order processing and refunds

Our services are available on a try-before-you-buy basis. When your register at trainchinese.com you can make use of the software for all applications and you can ensure that you can fully experience the services provided by trainchinese prior to making your purchase. We encourage you to try the service prior to making your purchase to ensure that it meets your requirements. We apologize, but we cannot provide refunds for users who have started to use the service levels corresponding to a paid subscription. All other refund requests will be handled on a case-by-case basis.

Our order process is conducted by our online reseller Paddle.com . Paddle.com is the Merchand of Record for all orders made on the website trainchinese.com. Paddle provides customer service inquiries and handles returns.

6. Rights of Use to Content and Software

6.1 The use of any information and software made available on or via this trainchinese web site is subject to these Terms of Use.

6.2 Trainchinese BV grants the User a non-exclusive and non-transferable, limited right, which may not be sublicensed, to use the information and software made available to the User on or via the trainchinese web site to the extent of the personal use of the User. The User will not copy, reproduce, distribute or use the Content of the website in any other manner than for her or his own personal use. The User agrees not to interrupt or interfere with, or attempt to interrupt or interfere with, the operation of the web site in any way.

6.3 Information and software may not be distributed by the User to any third party at any time.

6.4 The information (Content) and software are protected by copyright, international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software.

7. Intellectual Property

7.1 Notwithstanding the particular provisions in part 5 of these Terms of Use, information, brand names and other contents of the trainchinese web site may not be changed, copied, reproduced, sold or rented.

7.2 Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights.

8. User Obligations

8.1 In accessing or using the trainchinese web site the User shall not

  • publish any content which is protected by copyright without written concent from the owner;
  • harm other persons, in particular minors, or infringe their personal rights;
  • breach public morality in its manner of use;
  • violate any intellectual property right or any other proprietary right;
  • upload any contents containing a virus or any other program that could damage data;
  • transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
  • distribute advertising or unsolicited e-mails (so-called 'spam') or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

8.2 Trainchinese BV may deny access to the traichinese web site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

9. Rights on content published by users

9.1 Any content published by users or is otherwise made available by users for our Products is referred to as 'User Content'. The user publishing User Content retains all rights in it and is solely responsible for it.

9.2 The publishing user grants Trainchinese BV (the owner of 'trainchinese') and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content solely for the purposes of operating, developing, providing, and using the Trainchinese BV Products. Nothing in these Terms shall restrict other legal rights Trainchinese BV may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms and Conditions.

10. Hyperlinks

The trainchinese web site may contain hyperlinks to the web pages of third parties. Trainchinese BV shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Trainchinese BV does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

11. Liability for defects of title or quality

Any liability for defects as to quality or title of the information and software especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.

12. Other Liability, Viruses

11.1 The liability of Trainchinese BV for defects in relation to quality and title shall be determined in accordance with the provisions of par 9 of these Terms of Use. Any further liability of Trainchinese BV is excluded unless required by law or in cases of willful misconduct, gross negligence, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

11.2 Although Trainchinese BV makes every endeavor to keep the trainchinese web site free from viruses, Trainchinese BV cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information or software.

12. Data Privacy Protection

For collection, use and processing of personally identifiable data from the User of the trainchinese web site, Trainchinese BV shall comply with applicable laws on data privacy protection and the trainchinese Web Site Data Protection Privacy Policy, which is available per hyperlink on the trainchinese Web Site.

14. Supplementary Agreements, Place of Jurisdiction, Applicable Law

14.1 The place of jurisdiction shall be Amsterdam in the Netherlands.

14.2 The individual pages of the trainchinese web site are operated and administered by Trainchinese BV. The information and software is made available for viewing or downloading from any country. At the time Users access trainchinese Web Site, they are exclusively responsible for compliance with all applicable local laws.

14.3 These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of the Netherlands.

Due to changes in legislation and best practice or enhancements to functionality and content on trainchinese.com we may make changes to our Terms and Conditions and will reflect those changes in this statement, so you should check here from time to time.