User Service Agreement

Important Notice:

This User Service Agreement (“Agreement”) contains the services and its related legal agreements which the Developer provided to you (individual and/or party).

You shall review and understand this Agreement (including but not limited to exemptions or restrictions on Developer liability and restrictions on User rights) when you intend to use the services. Once you register, log in and use any part of the services that the Agreement contains, all say that you agree to all of this Agreement constraint by.

Agreement will be updated accordingly on the web page if changes. The new Agreement shall automatically replace the previous Agreement. If you disagree the new Agreement, you shall immediately stop using any part of the services that the Agreement contains, or any using conducts, including login and viewing services shall be deemed as User’s understand and accept of this Agreement and its changes.

Definition:

Developer: companies or entities that Wanaka (HK) Limited agrees to provide services to.

Application: programs that Developer provide services to users

User: persons or entities who use this Application and related services.

  1. Rules of Use

    • 1.1 User must provide real and accurate personal information. User shall provide updated information if the information contains any change. User shall bear all the risks and loses that caused by the inaccurate information.

    • 1.2 User shall not lend, transfer, and sell the account, password and related registration information to any other users, persons or entities. User shall bear all the risks and loses that caused by other users’ incorrect and or illegal uses.

    • 1.3 User shall notify the Developer if the account encounters any illegal uses caused by other users. Developer shall not bear any responsibilities caused by hacker attack or User’s negligence.

    • 1.4 Developer contains the ownership of user account; User contains rights to use the account. User shall be responsible for the account and shall bear all the risks and loses that caused by User’s or any third party’s conducts.

    • 1.5 User understands and accepts that services provided by Developer may contain advertisements; User agrees and accepts that this Application may illustrates advertisement provides by Developer or any other third party while in use.

    • 1.6 User understands and agrees that Developer can send updates, advertisements and any kinds of notifications via text messages, phone calls, post messages and other push notifications.

    • 1.7 User shall comply with all laws and regulations of the PR China and all the internet agreements, regulations and procedures related to internet services in the use of this Application and related services. User shall ensure that: (a) do not use the Application and related services in violation of any restriction by PR China; and (b) do not use the Application infringe the Developer and any third party’s rights and interests. The User shall bear all the legal consequence caused by the infringements.

    • 1.8 User shall not use this Application and related services for any business conduct, including but not limited to the conduct of group courses. If the User conducts business activity, the Developer has the right to terminate the user’s use of Application and reserve the right to pursue the legal responsibilities.

  2. Intellectual Property

    • 2.1 This Application is developed by Developer, which is protected by Intellectual Property Law of China and related international IP conventions.

    • 2.2 User has the rights to use this Application; however Users shall not implement, including but not limited to the following:

      • 2.2.1 Activities such as deleting the contents of copyright information of this Application;

      • 2.2.2 Activities that lead to the reverse engineering, reverse editing, reverse complying and others.

      • 2.2.3 Activities that illegally or improperly lead to copying, revising, linking, reprinting, editing, publishing, creating mirror sites, developing derivatives by other applications or softwares, etc. without consent of Developer in writing.

      • 2.2.4 Activities that violet the intellectual property rights of the third party.

      • 2.2.5 All the contents (including but not limited to any images, photos, animations, videos, records, music, texts, additional programs and materials and etc.) in this Application are owned by Developer.

  3. Users’ Privacy

    • 3.1 The Developer confirms that will not provide the User’s registration materials or related information to a third party or to the public, except in the following cases:

      • 3.1.1 Obtain an explicit authorization from the User in advance.

      • 3.1.2 Relevant legal provisions required.

      • 3.1.3 Requested by state power organs, administrative organs, government departments, or the facility with the power to obtain user information.

      • 3.1.4 For maintenance the public interests or the legitimate rights and interests of the Developer.

      • 3.1.5 The Developer and third party need to provide User’s private information to another third-parties, in this case, the third party needs to protect the User's private information, and the User agrees to provide private information to a third party;

      • 3.1.6 The Developer has the right to analyze the User database for commercial use.

    • 3.2 Users shall not disclose their property, bank cards, credit cards, and contact information and other important information in this application, otherwise the User shall bear any loss caused by the disclosure.

  4. Services

    • 4.1 After the registration, User can connect to a THE ONE SMART PIANO or keyboard to learn, User should prepare The ONE SMART PIANO or keyboard on their own.

    • 4.2 Users can decide their own learning tracks and courses, but Developer do not guarantee the effect and speed of the learning.

    • 4.3 Developer has the right to develop more courses and tracks based on their own needs and competencies, and User have no right to request Developer to provide the tracks they want.

    • 4.4 Developer has the right to adjust the content and service according to their own needs and capacity, and the users have no right to interfere.

  5. Services Change, Suspension and/or Termination

    • 5.1 The Developer have the right to change, suspend or terminate parts or all of the service at any time without notice, nor take any responsibility to User or any third party.

    • 5.2 Developers need to repair or maintain the Application or related equipment on a regular or irregular basis, and if the service is interrupted due to such circumstances, the Developer shall not take responsibility to User or any third party.

    • 5.3 If User violates any terms of this Agreement, the Developer shall have the right to require the user to correct or take all necessary measures (including but not limited to altering or deleting the contents of the user's collection, discontinue or terminate the User’s use of the Application and etc.) to alleviate the negative influence caused by the user and reserve the right to pursue the legal responsibilities.

  6. Disclaimer

    • 6.1 Developer does not guarantee that the Application will be able to meet the requirements of User, nor to ensure that User can achieve the desired learning results.

    • 6.2 This Application cannot be connected to other brands’ equipment or device other than THE ONE SMART PIANO. User understands and accepts that User do not have any rights to request Developer revise the Application for using other brands’ equipment or device.

    • 6.3 If the User's network status or hardware equipment cannot meet the conditions of normal operation of the Application, the Developer does not take any responsibilities.

    • 6.4 The Developer shall not be responsible for any loss caused by force majeure or infringement of others.

  7. Applicable Law and Dispute Resolution

    • 7.1 This Agreement shall be governed by the laws of the People's Republic of China.

    • 7.2 Any dispute arising with this Agreement shall be settled by mutual agreement; if any consultation fails, either party may submit the dispute to the court with jurisdiction over the place where the Developer is located.

  8. Other Terms

    • 8.1 The terms of this Agreement shall remain valid and binding if any of the terms of this Agreement, whether wholly or in part, invalid or non-enforceable.

    • 8.2 The Developer shall have the right to modify this Agreement at any time in accordance with the changes in the relevant laws, regulations and the adjustment of its own business conditions and business strategy, without notifying User separately.

    • 8.3 The Developer has the right to interpret and modify this Agreement to the maximum extent permitted by law.

    • 8.4 This Agreement has Chinese version and English version, any inconsistency is subject to the Chinese version.