Membership Service Agreement on Continued Subscription Membership Subscription Service Agreement II. Service Description
The Service is a service launched to meet the Member’s demand for automatic
renewal and avoid any loss incurred by the Member’s failure to timely pay the
renewal fee because of negligence or other factors under the precondition that
the Member has already subscribed to the Service, and the Member irrevocably
authorizes WorldTalk to deduct from the balance of the Member’s own top-up
account, third-party payment account, bank card or communication account tied
to the member account (hereinafter collectively referred to as “Accounts”) the
subscription service fee corresponding to the next billing cycle (including: 1
month, 3 months, 12 months) when the validity term of the membership is about
to expire. The precondition for the implementation of the Service is that the
Member has tied its WorldTalk member account to the foregoing Accounts and the
deduction can be successfully made from its foregoing Accounts.
Automatic Renewal specifically means the method of fee deduction in which
WorldTalk collects the Member’s monthly subscription fees for the next billing
cycle from the foregoing Accounts on the basis of the premises stated in the
first paragraph of this Article, and the Member shall make sure that WorldTalk
can make the said deduction from the foregoing Accounts successfully. For any
failed renewal attributed to insufficient deductible balance of the foregoing
Accounts, the Member shall bear the relevant liability by itself. During its use of the Service, the Member shall be also bound by WorldTalk
User Agreement and WorldTalk Membership Agreement. The Member’s use
of the Service shall be construed as its consent to the terms and conditions of
the Service and all announcements that WorldTalk may make in respect of the
Service. The Service provided by WorldTalk for the Member shall be used by the Member on
the WorldTalk platform, and any act that separates the content of the Service
provided by WorldTalk from the WorldTalk platform by malicious unlocking or any
other illegal means does not belong to the Service provided for in the
Agreement. In such case, any and all legal consequences thus incurred shall be
borne by the perpetrator, and WorldTalk will investigate the legal liability of
such perpetrator according to law. III. The Rights and Obligations of the Parties WorldTalk shall be responsible to provide the Member
with the method to inquire about the particulars of automatic renewal fee
charging, but it shall not be responsible to print out and send the relevant
invoices to the Member. For WorldTalk’s deduction of the subscription service
fee for the next billing cycle through the Member’s foregoing Account, it shall
deduct and transfer such fee on the date of deduction, and include that fee in
the Member’s payment record and meanwhile extend the Member’s validity term
accordingly. In case of any error during fee deduction, WorldTalk
and the Member shall work closely to ascertain the cause and bear the loss
attributable to their respective faults. If the loss is caused by their unequal
faults, they shall bear the corresponding liability depending on the degree of
their faults. If the loss is jointly caused by the faults of both Parties, they
shall share the liability equally. WorldTalk may change or modify the relevant service
content, rules and clauses of the Agreement in accordance with such conditions
as its business operations or technology upgrade. Before such change or
modification, WorldTalk will announce the content of modification on the
relevant page of WorldTalk, but it is not duty bound to issue any individual
notice. If the Member does not consent to any modification of the Agreement, it
may cancel and stop the use of the service already obtained by it. If the
Member continues to use the service provided by WorldTalk, this will be
construed as the Member’s consent to accept all modifications of the Agreement. The Member may decide at its own discretion whether or
not to cancel the Service. To cancel the subscription, you should manually
activate your iphone’s “Settings”—> enter into “iTunes Store and App
Store”—> “App ID”, select “View App ID”, then enter into the “Account
Settings” page, select “Subscription” and then WorldTalk Membership to cancel
the subscription. The Members shall close the subscription at least twenty-four (24) hours before
the end of the subscription period, otherwise it will be construed as the
Member’s consent to WorldTalk’s fee deduction attempts from time to time in
accordance with certain rules. Once fee deduction is successful, WorldTalk will
initiate the subscription service for the next billing cycle for the Member. If WorldTalk’s monthly service price is adjusted on or before automatic
renewal, the currently effective price shall prevail. WorldTalk will initiate the Service for the Member free of charge, but
WorldTalk shall be entitled to decide, in accordance with such conditions as
business needs or market change, whether or not to charge certain fees for the
Service or adjust the automatic renewal cycle and fees, and make an
announcement to the Member on the relevant page. IV. Term and Termination of the Agreement The Agreement shall take effect upon the Member’s acceptance or use of the
Service, and terminate upon the Member’s termination of the Service or
cancellation of its membership. The Member shall be entitled to opt to terminate the Service in the Member
Account Settings at any time. After termination of the Service, WorldTalk will
stop the provision of the Service for the Member. The agreement on entrusting WorldTalk with automatic renewal fee deduction
already given by the Member before its opting to terminate the Service will
remain effective, and any fee deducted by WorldTalk based on such agreement
will not be refunded and the resulting liability shall be borne by the Member. V. Liability for Breach of Agreement If either Party breaches the Agreement, the non-breaching party shall be
entitled to compensation through the method of dispute resolution agreed upon
by the Parties. VI. Dispute Resolution and Governing Law Any dispute arising during performance of the Agreement shall be resolved by
WorldTalk and the Member through friendly negotiation. If all such negotiation
efforts fail, either party may bring such dispute before the People’s Court of
Pudong New Area, Shanghai. The interpretation, validity and performance of the
Agreement shall be governed by the laws of the People’s Republic of China. Shanghai Lingfen Technology Co., Ltd.
I. Acceptance and Modification of Terms of Service
This Agreement (the “Agreement”) is
entered into by and between Shanghai Lingfen Technology Co., Ltd. (“Lingfen”) and each WorldTalk member
(the “Member”) with respect to the
Member’s use of the service of automatic renewal and entrusted fee deduction
provided by WorldTalk (the “Service”),
which defines the rights and obligations of WorldTalk and the Member on use of
the Service and other related matters. The term of “Member” refers to any
individual or single entity entitled to the membership service provided by
WorldTalk.
Shanghai Lingfen Technology Co., Ltd. hereby specifically reminds the Member to
read the Agreement carefully enough to fully understand all clauses of the
Terms of Service, including clauses exempting WorldTalk from certain
liabilities and clauses restricting the Member. The Member is required to read
carefully and opt to accept or not to accept the Terms of Service. Otherwise,
the Member is not allowed to register, log in or use the services involved in
the Terms of Service.
The Agreement constitutes a prerequisite for use by the Member (an individual
or entity) of the Service provided by WorldTalk. The Member will not be
entitled to the Service unless it accepts the terms and conditions of the
Agreement. The Member’s use of the Service will be construed as its consent to
be bound by the terms and conditions of the Agreement.