Terms and Conditions

Terms and Conditions


User Transactions Policy

Payment and Spending

You agree to provide a valid payment method when you choose to pay via E-garden Online Platform when buying our courses.

Payment Method

E-GARDEN provides a variety of payment methods to create convenience among customers, we accept the following payment methods: Credit Cards (Visa/Master)

Privileges

When you provide your payment details to us, you are confirming that you have approved to use E-GARDEN online payment tool.

When making a transaction payment, you have appointed us to be an authorized payment processor to collect the full amount from the payment details you designated for transaction purposes as well as allowing us to store the payment details and other transaction-related information that you have purchased.

Authorization

If you are paying with a credit or debit card, we can obtain a pre-approval of a specific amount from the card issuer, which may be up to the full price of the purchased item.

We will collect money from you once you have transacted the amount for E-GARDEN courses that you have purchased. If you cancel the transaction before the transaction is complete, the pre-approved amount will be invalid.

Payment Failures

If you are paying with a debit card, and the transaction amount you have transferred causes your account to be in overdraft, this should be the customer’s responsibility to take over these charges, including other handling fees that need to be deducted from the bank.

Online Terms and Use

Preface
General Specification

E-GARDEN is an online teaching platform that provides live online and pre-recorded video teaching/courses across different regions and times.

The company’s products and services include courses on all platforms, course-related teaching materials as well as replying to customer’s inquiries instantaneously.

Users must log in to this platform regularly to ensure that they understand the latest relevant terms of use of E-GARDEN. At the same time, the company reserves the right to adjust and remove any content of our products or services at any time.

Declaration of Registration Obligation

To use this service, users need to agree to the followings:

  1. Users are required to provide the correct, up-to-date, and completed information with the aid of the service registration form.
  2. Please maintain and update the user's personal information to ensure that it is up to date and complete. If the user provides any false, invalid, or incomplete information, E-GARDEN reserves the right to suspend or terminate the user’s account and the user will be forbidden to use our services.
The User’s Legal Obligations and Commitments

The user must promise not to use this service for any illegal purposes or in any illegal ways and needs to abide by the relevant laws and regulations of the Hong Kong Special Administrative Region and all International Practices for using the Internet. If you are a user outside the Hong Kong Special Administrative Region, you will have to agree to abide by the laws and regulations of your country or region. By agreeing to this legal law of internet, you are not allowed to use this service to infringe on the rights of others, this includes:

  1. Uploading, posting, publishing or transmiting any defamatory, insulting, threatening, offensive, indecent, obscene, false, violating public order or good customs or other illegal text, pictures, or any form of a file on the behalf of this service.
  2. Infringing on the reputation, privacy, commercially confidential, trademark rights, copyrights, patent rights, other intellectual property rights, and other rights of others.
  3. Violation of confidentiality obligations under the law or contract.
  4. Using this service on behalf of others.
  5. Uploading, posting, transmitting, or distributing any data that contains computer viruses or any code that interrupts, destroys, or restricts computer software and hardware.
  6. Engaging in any illegal transactions or posting fake information.
  7. Selling guns, drugs, prohibited drugs, pirated software, or other prohibited items.
  8. Providing gambling information or inciting others to participate in gambling in any way.
  9. Spamming advertising messages, spam messages, illegal multi-level marketing messages, etc.
  10. Harming teenagers in any way.
  11. Falsifying the source of information or interfering with the identification of the source of transmission in any way.
  12. Interfering with or interrupting the service or the server or the network connected to the service, or failing to comply with the related requirements, procedures, policies or rules connected to the service, including but not limited to: using any equipment, software or deliberately evading E -GARDEN excludes automatic search headers (robot exclusion headers ).
  13. Providing any substantial support or resources for terrorist operations/activities.
  14. Tracking, stealing or misusing other’s personal information for any behaviors mentioned above
  15. Any other behaviors that E-GARDEN has legitimate reasons to consider as inappropriate.
Statement of Ownership and Intellectual Property Rights of the Platform and Content

All content on the E-GARDEN platform, including but not limited to text, software, sound, pictures, videos, diagrams, website structure, website screen arrangement, web design, and content of various educational courses, shall be owned by E-GARDEN or other rights holders under the law. E-GARDEN has its intellectual property rights, including but not limited to copyrights, trademark rights, patent rights, etc. Without the written consent of E-GARDEN or other right holders, the relevant content may not be used, modified, copied, transmitted, changed, distributed, distributed, or published without authorization. In case of violation, the user agrees to bear all losses caused to E-GARDEN and other rights holders. Moreover, once any information is uploaded, transmitted, entered, or provided to E-GARDEN by the user, it means that the user agrees:

  1. That the information is stored or managed by E-GARDEN and its affiliates, indexed and captured by the search tools of E-GARDEN and its affiliates, and published and used in the relevant systems of E-GARDEN and its affiliate on the Internet, including but not limited to third-party websites that are affiliated or cooperated by E-GARDEN.
  2. To authorize E-GARDEN and its affiliates to use, modify, reproduce, publicly broadcast, modify, distribute, issue, publicly publish, publicly based on public welfare, or to publicize, promote, or operating E-GARDEN and the service. Transmission, public screening, translation of such materials and the foregoing rights may be delegated to others within this scope.
  3. That the user also guarantees that E-GARDEN and its affiliated companies use, modify, reproduce, publicly broadcast, modify, distribute, distribute, publicly publish, publicly transmit, publicly show, translate, and sublicense such materials without infringing. Otherwise, E-GARDEN and its affiliated companies shall be liable for damages.
Declaration of Advertisement

All advertising content, text and picture descriptions, display samples, or other sales information that users browse through this service are designed and proposed by the advertisers, product and service providers. Users should use their discretion and judgment on the correctness and credibility of advertisements. E-GARDEN only accepts entrustment to publish and does not bear the responsibility for the aforementioned advertisements.

Refund Method

▪ Credit card refund: If a credit card is used to pay when purchasing the course, the credit card refund method will be adopted.

▪ Bank refund: If ATM transfer or supermarket payment is used when the course was purchased, the bank refund method will be adopted.

Refund Application Process

Please submit a refund application to us through customer service, and the platform will process the relevant refund.

Terms of Service for Online Courses on E-GARDEN Platform
  1. Recognition and Acceptance
    1. The E-GARDEN platform (hereinafter referred to as the "Platform") is set up and provided by E-Garden International Co., Ltd. (hereinafter referred to as the "Company"). When a member completes the registration procedures of this platform or starts to use the platform services, it means that you have read and agreed to accept all the contents of the terms of service of this platform.
    2. The company has the right to modify or change the content of these terms of service at any time, and publish it on this platform after the modification. The company will no longer notify members individually. Members are advised to pay attention to the changes of these terms of service at any time. When a member continues to use the services of this platform after any modification or change, it is deemed that the member has understood and agreed to accept the modification or change of the terms of service.
    3. If a member provides any wrong or false information, or fails to provide information as instructed, or lacks necessary information, or has repeated registration of a teaching account, etc., the company has the right to suspend or terminate the membership without prior notice of the teaching account, and refuse members use of any service on this platform.
  2. The Obligation of Users Account Registration
    1. Members should follow the instructions on the registration page of this platform's account to provide the correct and up-to-date information of the member, and may not register as a member in the name of another person. Each member can only register one account on this platform and cannot register repeatedly.
    2. Members should update their personal information at any time after registration to ensure that they are correct and up-to-date.
    3. If a member provides any wrong or false information, or fails to provide information as instructed, or lacks necessary information, or has repeated registration of a teaching account, etc., the company has the right to suspend or terminate the membership without prior notice Teaching account, and refuse members use of any service on this platform.
  3. The Obligation of Personal Data Protection and Confidentiality
    1. Technical services such as the establishment and maintenance of this platform are the responsibility of a partner who has a contractual relationship with the company. To maintain the normal operation of the platform, the company may provide the member's personal information to the partner.
    2. The company will protect the personal data of the members. For the personal data provided by the members, the company will not share the personal data of the members unless they may be involved in violations of laws, infringements, violations of the terms of service, or with the consent of the members themselves. Provided to third parties other than the aforementioned partners.
    3. From the completion of the registration of the teaching account to the delisting of all courses or the company’s termination of the account for three years, both parties shall perform their duty of confidentiality to maintain the business secrets of both parties, including exchange documents, form formats, Except for the normal use of the entrusted business, transaction records, etc., shall not be disclosed to other third parties without the prior written consent of the other party. If one party violates this agreement and causes damage to the other party, it shall be liable for full compensation and removal of adverse effects.
    4. If the following events occur, if necessary, the company may view or provide members' data or related data to relevant government agencies, or third parties who claim that their rights have been infringed and provide appropriate certification:
      1. Following the law, by the order of judicial or other relevant government agencies.
      2. The member is involved in the violation of laws and regulations, infringement of the rights of third parties, or violation of the terms of service.
      3. To protect the security of the membership service system or the legitimate rights and interests of operators.
      4. To protect the legitimate rights and interests of other users or other third parties.
      5. To maintain the normal operation of this platform.

User’s Account Password Management

  1. When a member registers an account on this platform, they will be asked to set a specific account and password, and to use services on this platform by logging into their account. Therefore, it is the member's responsibility to maintain the security of the account and password. When the member account number and password entered are consistent with the login information, whether or not they are personally entered by the member, it is deemed to be used by the member himself, and the member himself shall be fully responsible for all actions performed by the account and password.
  2. Precautions:
    1. If a member's account or password is stolen or any security problem occurs, the member should immediately notify the company.
    2. The member account, password, rights, and interests are only for the member's use and enjoyment, and cannot be lent, transferred, or shared with others.
    3. If the member account and password are stolen, improperly used, or otherwise, and the company cannot identify whether it is the member's personal use, the company is not responsible for the damage caused by this.
    4. If the company knows that a member’s account or password is indeed fraudulently used by others, it will immediately suspend the account’s login to use this platform, but the teaching courses that the member has listed will not be affected and will be provided to students who purchase the course as usual.

After the user has completed the account registration, if there is a violation of the terms of service or an event that damages the reputation of the company or the platform, the company may suspend or stop the use of their account and notify the member in writing, if it causes the company or platform damage, members should also compensate for this damage to this platform. If the company violates the terms of service or damages the reputation of the member, the member can also notify the company in writing to suspend or cancel all the teaching course services provided by the member on this platform, such as the company shall compensate for any damage caused to the member.

Obligations of Both Parties

  1. The service items that the company should provide are as follows:
    1. The construction and maintenance of this platform.
    2. Advertisement production and delivery.
    3. The planning of enrolment publicity activities.
    4. Provide courses management, teacher management, cash flow system, and related training on the use of the system.
    5. Member's Answers to inquiries, registration, fees, and accounting operations.
    6. Special training, teacher gatherings, and other activities are held irregularly.
    7. Provide course-related data and materials regularly.
  2. The obligations of teachers are as follows:
    1. Provide course outlines, personal qualifications, and teaching content.
    2. Provide teaching materials that meet the teaching content standards.
    3. Be responsible for editing the content of the course page.
    4. Use the system provided by this platform to carry out online teaching activities and community management, including student interaction, teaching content problem analysis, etc.
    5. Provide advertising materials and participate in the review of advertising copy.
    6. Assist the company to handle enrolment activities and publicity, including but not limited to cooperating with marketing discount activities, etc.

Verification of Officially Rleased Courses

  1. Teachers should submit the courses they want to put on the shelves, the content of their related education products, and the pricing of the courses to our company for review and they can only be put on the shelves after we have reviewed and approved them. If teachers offer courses with the same or similar course names on other platforms at the same time, the price of the course on this platform shall not be higher than the price of the course on other platforms.
  2. After the course has been put on the shelves, if the course content is found to be inappropriate or infringes on the rights of others, the company has the right to immediately remove the course from the shelves, and the teacher shall be liable for damages.

The time limit for the delisting of courses that have been approved by Party A on this platform shall be determined by the teacher. Besides, the course tuition and fees are collected and applied by our company.

Cooperative Income Distribution

  1. After the teacher completes the registration of their account, both parties agree to make good use of their existing resources based on the principles of fairness and integrity and to divide the work of the obligations of the two parties as stipulated in Article 6 of these Terms of Service, and the relevant costs shall be absorbed by the responsible party.
  2. Cooperative income distribution: after deduce all the payment handling fee ,20% of the actual tuition and miscellaneous fee income before tax minus the cash flow fee is allocated to the company, and the remaining 80% is allocated to teachers.
  3. Teachers are obliged to handle the annual personal comprehensive income tax return.
  4. It is not allowed to undercut students on the platform, and teach privately without the consent of the company. The company has the right to recourse. All students collected on the platform must be charged and taught by the platform.
  5. Payment Method
    1. The amount that teachers should be allocated is settled once every month; the settlement date is the fifth day of each month. If the settlement date falls on a weekend or holiday, it will be postponed by one day.
    2. The settlement day for all courses on the shelves of the same teacher is unified. The settlement is on the last day of the month following the date on which the courses are on the shelf, and thereafter, the settlement is made once every other month.
    3. The company should provide a report of current income for teachers to confirm on the settlement day of each period. The company will remit or pay to the bank account designated by the teacher after receiving the consent letter.
    4. If the teacher sends a confirmation of their income report as proposed by the company before actually receiving their actual income report, the company will process the remittance in the next month, that is, the company will only confirm that the member has sent the consent letter before the end of the month on the last day of each month. Remittance is handled for the money part, and so on.
    5. If the date specified in this item falls on a weekend or a national holiday, it will be postponed by one day.

Ownership of Copyright

Others

  1. Both parties are not allowed to publish or disseminate any inappropriate remarks that have nothing to do with the course or damage the reputation of the other party.
  2. Both parties are not allowed to promote or sell any other products or services without mutual consent to students in the classroom.
  3. If both parties fail to perform the obligations stipulated in Article 6 of these Terms of Service and cause damages and losses to the other party, they shall be liable for compensation.
  4. When editing information content on the company's platform, members should do their best to be a good manager and abide by relevant laws and regulations. If a third party suffers damages due to a member’s failure to fulfil the previous obligation, the member shall be responsible for it and it has nothing to do with the company.

Governing Law and Competent Court

The interpretation and application of these terms of service, as well as disputes related to these terms of service, are governed by the laws of the Hong Kong Special Administrative Region (HKSAR). Unless the law provides otherwise, the parties have agreed that the District Court of the Hong Kong Special Administrative Region shall be the first instance jurisdiction Court.