Terms of Use (User) 用户条款
Last modified: September 22, 2025
Chinaoffbeat.com, operated by Offbeat Travel Group Inc. in Vancouver, BC, is an online platform that connects travelers with independent consultants for cultural insights and trip-planning discussions. We provide curated travel information, user-generated reviews, and secure online video consultation sessions, but we are not a travel agency, tour operator, or booking service. To use our platform, you must be at least 18 years old. All consultations happen strictly through our system-monitored video links (Zoom or Google Meet), and any attempt to meet, message, or arrange deals with consultants outside our platform (e.g., via WhatsApp, WeChat, or in-person meetings) is strictly prohibited and done entirely at your own risk. We do not take responsibility for the accuracy of consultant advice, nor for any decisions you make based on it. Refunds are only available if a consultant does not attend a scheduled session, though credits may sometimes be offered. User reviews and rankings posted on our site reflect personal opinions, not company endorsement, and we do not alter them. We are committed to protecting your privacy and comply with GDPR and CCPA requirements, ensuring your personal information is handled securely and may be deleted at your request. Any disputes are resolved under the laws of British Columbia, Canada, through arbitration in Vancouver. By using our platform, you agree to these conditions and acknowledge that your experience is informational only, with zero liability on our part for any offline or third-party engagements.
These Terms of Use ("Terms") constitute a legally binding agreement between you and Fora Travel, Inc. ("Company," "we," "us," or "our") regarding your access to and use of our website, platform, and services. By accessing, browsing, or using our website www.foratravel.com or any other sites or services hosted at the foratravel.com or fora.travel domain names (collectively, the "Platform" or "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Platform. We reserve the right to modify, update, or change these Terms at any time without prior notice. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.
1.Acceptance of Terms These Terms of Use (“Terms”) govern your access to and use of our website, platform, and services (collectively, the “Platform”). By accessing, registering for, or using the Platform in any way, you agree to be bound by these Terms and all other policies referenced herein (including our Privacy Policy). If you do not agree with any part of these Terms, you must not use the Platform. We reserve the right to modify or update these Terms at any time. If we make changes, we will post the revised Terms on our website and update the “Last Updated” date. Your continued use of the Platform after any changes constitutes acceptance of the new Terms.
2. Eligibility You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or use the Platform’s services. By using the Platform, you represent and warrant that you meet this age requirement and that all information you submit is truthful, accurate, and complete. You are responsible for keeping your account information up-to-date. Accounts are personal to you and not transferable. If we discover that you are under 18 or otherwise ineligible, we may suspend or terminate your account immediately.
3. Account Registration and Security To access certain features of the Platform, you may need to register and create an account. During registration, you will be required to provide certain information (such as your name and a valid email address) and choose a secure password. You agree to provide accurate and current information and to keep your login credentials confidential. You are solely responsible for all activities that occur under your account. If you suspect any unauthorized use of your account or a security breach, you must notify us immediately. We are not liable for any loss or damage arising from your failure to safeguard your account credentials, and you may be held liable for losses incurred by us or others due to such unauthorized use. We may suspend or terminate your account if we believe it has been compromised or if you violate these Terms.
4. Platform Services and Consultants Our Platform connects users (“you” or “Clients”) with independent third-party consultants (“Consultants”) who provide expert consultation services (such as travel advice and itinerary planning) via online video sessions. The Platform’s role is solely to facilitate these consultations by providing scheduling, communication tools, and payment processing. Consultants are independent contractors and are not employees, agents, or representatives of the Company. We do not supervise or control the advice or services provided by consultants, and we make no warranties or representations about their expertise, qualifications, or advice. While we may vet or screen Consultants to a limited extent, we do not guarantee that any Consultant is accurately representing their credentials or that their advice will meet your needs. You acknowledge that any opinions, recommendations, or information provided by a Consultant are solely those of that Consultant and not of the Company, and you assume all responsibility for your interactions with Consultants. All consultation sessions will take place via the Platform’s approved channels, primarily through scheduled video conferencing (e.g. Zoom or Google Meet) at the appointed times confirmed on our Platform. You are responsible for having the necessary equipment, software, and internet connectivity for participating in video sessions. We do not guarantee that the Platform or video conferencing tools will be accessible at all times or on all devices, and we are not liable for any technical difficulties or connectivity problems that may occur.
5. User Conduct and Prohibited Activities When using our Platform, you agree to conduct yourself in a professional and respectful manner and to comply with all applicable laws. You are solely responsible for all content you post or transmit and for your interactions with Consultants and other users. You further agree that you will not engage in any of the following prohibited activities: - Unlawful or Fraudulent Use: Using the Platform for any illegal purpose, or to solicit others to engage in illegal activities or fraudulent schemes. - Misrepresentation: Impersonating any person or entity, or falsifying your identity, credentials, or affiliation. You must not provide false information or pretend to be someone you are not. - Platform Interference: Attempting to interfere with the proper functioning of the Platform. This includes not introducing malware, viruses, or any harmful code; not attempting to hack, scrape, or gain unauthorized access to any part of the Platform or its systems. - Circumvention: Avoiding or bypassing the Platform’s procedures or systems, including communications and payments. For example, you must not attempt to communicate or pay outside the Platform in order to circumvent any fees or these Terms (see Section 6 on Off-Platform Communications). - Harassment or Abuse: Harassing, threatening, or abusing any Consultant, user, or staff member. Hate speech, discrimination, or any content that is defamatory, obscene, or otherwise offensive is strictly forbidden. - Infringing Content: Posting or transmitting any content that you do not have rights to, or that infringes or violates the intellectual property rights, privacy rights, or other rights of any party. - Data Mining: Using any automated system (like bots or scrapers) to collect data from the Platform without our prior written permission. - Unauthorized Access: Allowing another person to use your account or using another person’s account without authorization. You cannot share your login credentials or provide anyone else access to the services through your account. Violation of any of the above may result in immediate termination of your account (see Section 13) and may subject you to legal consequences. We reserve the right to investigate and take appropriate legal action against anyone who, in our discretion, violates these rules, including reporting to law enforcement authorities if needed.
6. Off-Platform Communications and Meetings For the safety and integrity of our Platform community, all interactions between users and Consultants must occur through official Platform-approved channels. You must not engage in any in-person meetings or external communications with a Consultant outside of the Platform’s scheduled sessions and communication tools. This means, for example, you are prohibited from: - Exchanging personal contact information (such as phone numbers, personal email addresses, social media handles, or messaging IDs) with Consultants for the purpose of communicating outside the Platform. - Communicating with a Consultant via phone calls, text messages, or messaging apps (e.g. WhatsApp, WeChat, Telegram, etc.) that are not expressly authorized as part of the Platform’s services. - Meeting or attempting to meet with a Consultant in person, outside of the officially scheduled online video sessions facilitated by our Platform. The only permissible methods of communication with Consultants are those provided through the Platform. This includes our in-platform messaging system and the designated video conferencing tools for live sessions. In certain cases, we may allow or facilitate email communication through a Consultant’s official company email address (e.g. an email ending in John Jane Doe @chinaoffbeat.com) for sending follow-up information or materials. Such email communication is considered an official channel only if it uses the Consultant’s Platform-issued email address. Aside from these approved channels, you should not attempt to contact or respond to a Consultant through any other means. These restrictions are in place to protect users from potential fraud or scams and to ensure your safety. If a Consultant asks you to communicate or meet outside the Platform (for example, suggesting an off-site meeting or a private call via a different app), do not agree and please notify us immediately. Users should not trust or follow through with any invitation to meet in person or communicate off-platform, regardless of any assurances given. All legitimate consultation activity will be conducted through the Platform’s monitored channels. We do not bear any responsibility or liability for any consequences arising from communications or meetings that occur outside of our Platform in violation of these Terms. If you choose to ignore this rule and engage in off-platform interaction with a Consultant, you do so entirely at your own risk. The Company will not be liable for any injuries, losses, disputes, or damages of any kind that may result from such unauthorized interactions. Furthermore, engaging in off-platform communications or meetings is grounds for immediate termination of your account without refund, at our discretion. For clarity, all video consultation sessions provided by Consultants will be conducted via our Platform’s integrated Zoom or Google Meet conferencing tools at scheduled times. These sessions (as well as communications through official Platform email or messaging channels) may be monitored or recorded by the Company for quality assurance and safety purposes, in accordance with our Privacy Policy. By using our Platform, you consent to such monitoring and recording. This measure helps us ensure compliance with these Terms and provides a record in case of any disputes or safety concerns.
7. Booking, Payments, and Cancellations Consultation Scheduling: When you book a consultation session with a Consultant, you must use the Platform’s scheduling system to select an available time slot and receive confirmation. Sessions will typically be conducted online via video conference at the scheduled time. You are responsible for attending the session on time. If you need to reschedule or cancel, you must do so through the Platform interface (subject to any cancellation policies described below). Consultants are similarly expected to honor scheduled sessions, and any changes should be managed via the Platform. Fees and Payment: The Platform will display the fees or rates for consultations (for example, a per-session fee or subscription plan). By booking a session or otherwise purchasing services, you agree to pay all applicable charges. Payment must be made through the Platform’s designated payment processor at the time of booking (or as otherwise directed). We may accept credit card payments and/or other forms of electronic payment. You authorize us or our payment processor to charge your provided payment method for all fees incurred. All payments are processed in a secure manner, but we do not guarantee the availability or infallibility of any third-party payment system. No Off-Platform Payments: You agree not to make any payments to Consultants outside of the Platform. All fees for services obtained through the Platform must be paid via the Platform. If a Consultant ever requests that you pay them directly (for example, in cash or via a separate payment link or app), you should refuse and report this to us. Paying outside the Platform not only violates these Terms but also deprives you of any protections or recourse we provide for Platform-mediated transactions. We are not responsible for any loss of funds or fraud that may occur if you make payments outside of our system. Cancellation and Refunds: We understand that schedules can change. If you need to cancel or reschedule a consultation, please do so as early as possible through the Platform. Our general policy is as follows: Cancellations or reschedule requests made [for example, at least 24 hours before the scheduled session] may be allowed without penalty, and any fees paid can be applied to a rescheduled session or refunded at our discretion. However, late cancellations [for example, less than 24 hours before the session] or no-shows may be charged the full session fee as a late cancellation fee. Likewise, if a Consultant fails to show up for a scheduled session or cancels last-minute, you may be entitled to a full refund for that session and/or other make-good remedy as determined by the Company. Specific cancellation terms (such as exact time frames and fees) may vary and will be communicated to you on the Platform or in the booking details. We reserve the right to make the final decision on refunds or credits on a case-by-case basis. Aside from approved refund situations, all completed services and payments are final and non-refundable, except where required by law. Disputes: If you have a dispute regarding a consultation session (for example, you believe the service was not delivered as promised), you must contact us within a reasonable time after the session. We may request details of the issue and attempt to facilitate a resolution between you and the Consultant. In certain cases, we may, in our discretion, issue a refund or credit, but this is not guaranteed and is assessed on the specific circumstances. Any decision by the Company regarding disputes and refunds is final.
8. Privacy and Data Protection Your privacy is very important to us. Our collection, use, and disclosure of personal information in connection with the Platform are described in our Privacy Policy (available on our website). We encourage you to read the Privacy Policy carefully. By using the Platform, you consent to the collection and use of your information as outlined in the Privacy Policy. We are committed to complying with applicable data protection laws, including the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), to the extent they apply. In brief, this means we will only collect and process your personal data for legitimate purposes, and we will implement appropriate safeguards to protect it. You may have certain rights regarding your personal information under these laws. For example, you have the right to know what personal data we collect about you, to access that information, to request correction or deletion of your data, and to opt out of certain data sharing or “sale” of your data. We honor any legally valid requests to exercise these rights. If you are an EU resident, you also have rights such as the right to restrict processing of your data, the right to data portability, and the right to object to processing (including for marketing). California residents have the right to request information about what categories of personal information we collect and for what purpose, to request deletion of their personal information, to opt out of its sale, and to not be discriminated against for exercising their privacy. These rights are subject to certain limitations and exceptions under the law. For more details on how to exercise your rights, please see our Privacy Policy or contact us at the contact information provided in that policy. Additionally, by using the Platform, you acknowledge and agree that we may transfer your personal data to and process it in countries outside of your home country (for example, to our servers or to the locations of our service providers or Consultants), as needed to provide the service. We will do so in accordance with applicable law and with appropriate safeguards in place.
9. Intellectual Property Rights All content and materials available on the Platform, including but not limited to text, graphics, logos, button icons, images, audio clips, video, software, and the compilation and arrangement of such content (collectively, “Platform Content”), are the property of the Company or its licensors and are protected by intellectual property laws. The Company retains all rights, title, and interest in and to the Platform and Platform Content. You are granted a limited, revocable, non-transferable license to access and use the Platform and Platform Content for your personal, non-commercial use in accordance with these Terms. You may not copy, reproduce, distribute, publicly display, create derivative works of, republish, or commercially exploit any portion of the Platform or Platform Content without our express prior written consent, except as allowed under law (such as brief quotations for personal comment or fair use). The trademarks, service marks, logos, and any brand features displayed on the Platform (“Marks”) are either our property or the property of third parties. You are not granted any right or license to use any Marks without the prior written permission of the rightful owner. You shall not remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Platform. User-Submitted Content: In the course of using the Platform, you and other users (including Consultants) may provide or upload content, such as profile information, reviews, questions, comments, or other materials (“User Content”). You retain ownership of any intellectual property rights that you hold in the content you post; however, by submitting or posting User Content on the Platform, you grant the Company a worldwide, non-exclusive, royalty-free, fully-paid, sub-licensable and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from your User Content in any media, for the purposes of operating and improving the Platform and our services, and for marketing and promoting the Platform (for example, we may use testimonials or success stories you provide). This license lasts for as long as your content is protected by intellectual property rights. You also waive any “moral rights” or rights of attribution to the extent permitted by law, meaning we can use and modify your content without requiring further consent. Please do not share any content that you wish to keep confidential or that you do not have the rights to share. You represent and warrant that you have all necessary rights to submit any User Content and that such content does not infringe or violate the rights of any third party or any laws. We are not responsible for any User Content, nor do we endorse any opinion contained in User Content. While we have no obligation to monitor User Content, we reserve the right to remove or disable access to any User Content for any or no reason, including if we believe, in our sole judgment, that it violates these Terms or is otherwise harmful, objectionable, or unlawful.
10. Refunds and Cancellations 10.1 General Policy All payments made through the chinaoffbeat.com platform are final and non-refundable, except as expressly provided in this Refunds and Cancellations Policy. Refunds, when approved, will be returned exclusively to the original method of payment. 10.2 Refund Eligibility Refunds may be granted only in the following circumstances: (a) Consultant No-Show If the consultant fails to attend the scheduled session without prior notice, you are entitled to a full refund. (b) Early Termination Due to Dissatisfaction If you are dissatisfied with a consultant’s style or approach, you must notify the consultant and chinaoffbeat.com Support within the first fifteen (15) minutes of the scheduled session. Upon such notice, the session will be terminated, and you will be eligible for a full refund. You may then rebook it with a different consultant. Dissatisfaction raised after the first fifteen (15) minutes of a session will not qualify for a refund. Limit on Early Termination Refunds: Each registered account may exercise this early-termination refund option no more than two (2) times in total across the lifetime of the account. After this limit is reached, refunds will not be provided for dissatisfaction with consultant style, regardless of when the complaint is raised. (c) Technical Failures Attributable to Consultant If a session cannot be completed due to technical or network issues clearly attributable to the consultant, you must raise the issue immediately during the session or within one (1) hour of its interruption. In such cases, chinaoffbeat.com will reschedule the session at no additional cost. Refunds will only be issued if the consultant is unable or unwilling to reschedule within a reasonable timeframe. 10.3 Exclusions from Refunds Refunds will not be provided under the following circumstances: - You complete the full scheduled session and later claim dissatisfaction. - Technical failures are caused by your internet connection, equipment, or third-party software outside chinaoffbeat.com’s control. - You fail to attend a scheduled session, arrive late, or otherwise miss the agreed time slot. - You engage or attempt to engage consultants outside the chinaoffbeat.com platform, including via personal email, messaging applications, or in-person meetings, in violation of these Terms of Use. 10.4 Refund Request Procedure All refund requests must be submitted to chinaoffbeat.com Support at support@chinaoffbeat.com within seven (7) calendar days of the scheduled session. Requests must include your booking reference, session date, and a detailed description of the issue. 10.5 Processing Timeline Approved refunds will be processed within ten (10) to fifteen (15) business days and returned to the original payment method used. 10.6 No Obligation Beyond Policy Offbeat Travel Group Inc. shall have no obligation to provide refunds beyond what is explicitly stated in this Refunds and Cancellations Policy.
11. Disclaimer of Warranties The Platform and all services provided by the Company or by Consultants through the Platform are offered on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, the Company expressly disclaims all warranties, representations, and conditions of any kind, whether oral or written, statutory, express, or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Platform will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not warrant the accuracy, completeness, or reliability of any information provided on the Platform or by any Consultant. No advice or information, whether oral or written, obtained by you from the Company or through the Platform shall create any warranty not expressly stated in these Terms. Specifically, with regard to the consultations and advice given: The Company does not guarantee any particular outcomes or results from your use of the Platform or from following any advice you receive from Consultants. For example, if the Platform is used for travel planning, we cannot promise that your trip will be safe, enjoyable, or meet your expectations. Any recommendations or suggestions provided by a Consultant are their personal opinions and may not be verified by the Company. You should use your own judgment and, if necessary, seek a second opinion or do additional research before relying on any Consultant’s advice. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, any warranties required by law are limited to the shortest period and fullest extent permitted by law.
12. Travel and Third-Party Disclaimers Travel At Your Own Risk: If the services you obtain through our Platform involve travel planning or advice, please be aware that travel inherently involves risks, and conditions in any destination can change rapidly. All travel decisions you make are ultimately at your own risk and responsibility. While Consultants may provide guidance, you are solely responsible for your safety and well-being during any trip you undertake. We strongly recommend that you take appropriate precautions when traveling, such as: - Researching the current political, health, and safety conditions of any destination you plan to visit. - Reviewing official government travel advisories and warnings for those destinations. - Obtaining appropriate travel insurance to cover trip cancellations, medical expenses, personal injury, and other potential losses. - Ensuring you have all necessary travel documents (passports, visas, vaccination certificates, etc.) and that you comply with all legal requirements for entry, stay, and activities in your destinations. - Exercising common sense and caution throughout your travels, especially when engaging in activities or venturing into unfamiliar areas. The Company and the Consultants may provide information or advice on travel requirements and safety, but we do not warrant that this information is complete or up-to-date. Governments can change entry requirements or issue new advisories at any time, and local conditions (such as weather, public health, security, etc.) can change with little notice. Always verify critical information independently (for example, by checking with official sources like embassies or health organizations) before you travel. The Company is not responsible if you fail to obtain necessary visas or documents, are denied entry at a border, or encounter any hazards during travel. Third-Party Services and Links: In the course of providing consultation services, Consultants might recommend or refer you to third-party products, service providers, websites, or other resources (for example, a particular hotel, tour operator, airline, transportation service, restaurant, or ticket vendor). Additionally, our Platform or content on it may include links to third-party websites or services that are not owned or controlled by the Company. Please note that these third parties are completely independent from the Company. We do not own, operate, or have any control over them, and we are not responsible for their services, information, or conduct. Any third-party recommendations are provided only for your convenience or informational purposes. The Company does not endorse, guarantee, or assume any responsibility for any third-party offerings. If you choose to patronize any third-party services or click on third-party links, you do so at your own risk. Any transactions, bookings, or agreements you enter into with a third party (for example, buying a tour or making a hotel reservation that a Consultant suggested) are solely between you and that third party. The Company is not a party to such dealings and shall not be liable for any issues arising from them. This includes, but is not limited to, situations such as a tour operator failing to fulfill a service, a hotel overbooking, an airline cancellation, or any injury or loss you suffer while using third-party services. If a Consultant helps you find or arrange a third-party service, you acknowledge that the Consultant is doing so as an independent facilitator and not as an agent of the Company. We strongly encourage you to review the terms and conditions and privacy policies of any third-party services that you use. In summary, you acknowledge that you bear all risks associated with your travel and with any third-party services you use. We advise you to stay informed, use good judgment, and not rely solely on the Platform or Consultants for critical information. The Company disclaims all liability for any personal injury, illness, death, property damage, financial loss, or other damage or incident that may occur during or as a result of your travels or your use of third-party services.
13. Limitation of Liability To the maximum extent permitted by law, in no event shall the Company or its affiliates, or their respective officers, directors, employees, or agents, be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages whatsoever. This limitation of liability applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. This means that, for example, we will not be liable for: loss of profits or revenues; loss of data; loss of business or goodwill; the cost of substitute services; or personal injuries, emotional distress, or property damage arising out of or in connection with your use of the Platform or any services obtained through the Platform. In particular, the Company shall not be liable for any harm resulting from: (a) your interactions (or lack thereof) with any Consultant or other user of the Platform; (b) any advice, recommendations, or information you obtained through the Platform (you use these at your own risk); (c) any travel you undertake related to advice from the Platform, or any third-party services you utilize (as described in Section 11); or (d) unauthorized access to or use of our servers and/or any personal information stored therein. Our total liability to you for any and all claims arising out of or relating to these Terms or the use of the Platform shall not exceed the amount actually paid by you to the Company for the specific service or session in dispute, or one hundred US dollars (USD $100), whichever is greater. If the applicable law does not allow the limitation of liability as set forth above (for example, some jurisdictions do not allow the exclusion or limitation of liability for personal injury or for intentional misconduct), this limitation will apply to the fullest extent permitted by applicable law. You acknowledge that the Company is providing the Platform and services in reliance on the limitations of liability and the disclaimers of warranties set forth in these Terms, and that these provisions form an essential basis of the bargain between you and the Company. You agree that these limitations are reasonable given the nature of the Platform and the potential risks involved.
14. Indemnification You agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, and affiliates, and each of their respective officers, directors, employees, consultants, and agents (collectively, “Indemnified Parties”) from and against any and all claims, demands, suits, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform or any services obtained through the Platform; (b) your breach or violation of any provision of these Terms or of any law or regulation; (c) your violation of any rights of any third party (for example, infringing someone’s intellectual property or privacy rights, or causing injury to a third party); or (d) any content that you post or submit to the Platform, including any misrepresentation you make or information you provide that is inaccurate or incomplete. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations). In such case, you agree to cooperate with our defense of that claim. You will not settle any claim that affects any Indemnified Party or admits any fault or liability on the part of any Indemnified Party without our prior written consent. This indemnification provision will survive any termination of your account or the Platform’s services, regardless of the reason for termination.
15. Termination and Suspension By You: You may stop using the Platform at any time. If you wish to delete your account, you may do so by contacting us at the contact information provided below or through any account settings provided on the Platform. Account deletion will be processed as soon as reasonably practicable. Keep in mind that even if your account is deleted, certain information may be retained as required by law or as necessary for our legitimate business purposes (in accordance with our Privacy Policy). Also, deletion of your account will not affect any rights or obligations that have accrued prior to the date of termination (for example, any payment obligations or liability you incurred before termination). By the Company: We may, in our sole discretion, suspend or terminate your account and/or your access to all or part of the Platform at any time, with or without notice, for any reason or no reason. For example, we may terminate or suspend your account if we believe you have violated these Terms (or any policies incorporated by reference), if you engage in behavior that is unlawful or that we deem harmful to the Platform or our users, or if we cease to provide the Platform. In certain cases we may choose to give you a warning or ask you to correct your behavior before we take such action, but we are not obligated to do so. If your account is terminated by us, you must immediately stop using the Platform, and you will not create a new account without our permission. Any provisions of these Terms that by their nature should survive termination (such as indemnities, disclaimers, limitations of liability, and dispute resolution provisions) shall survive. If we terminate your account for violation of these Terms or misconduct, you will not be entitled to any refunds for services already rendered or fees already paid. No Liability for Termination: To the maximum extent permitted by law, the Company will not be liable to you for any termination or suspension of your account or access to the Platform, including for any loss of data or inability to receive services as a result. If you have paid for a future service that is canceled due to our termination of your account without cause, we may provide a proportional refund for the unused service (if applicable and at our discretion).
16. Governing Law and Jurisdiction This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or your use of the Platform shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. By using the Platform, you agree that any disputes shall be subject to the exclusive jurisdiction of the state or federal courts located in California, and you consent to the personal jurisdiction of such courts. You agree to waive any objections to the venue of any such proceedings in those courts (including any claim that such action has been brought in an inconvenient forum). If you reside outside of the United States, you understand that you are voluntarily choosing to use a Platform that is based in the United States and subject to U.S. laws. However, we recognize that you may have additional rights or protections under the consumer protection or data protection laws of your country of residence. Nothing in this Governing Law section shall deprive you of any protection or mandatory right that you have under the law of your own jurisdiction. In other words, if you are a consumer residing in a jurisdiction which mandates that certain laws apply or that disputes be resolved there, those laws may supersede the above chosen law and jurisdiction to the extent required by law. Notwithstanding the above, the Company retains the right to seek injunctive or equitable relief in any jurisdiction to prevent or stop infringement of intellectual property rights or unauthorized access to the Platform, since such actions may require immediate attention by a court.
17. Miscellaneous Provisions Entire Agreement: These Terms (along with any documents incorporated by reference, such as our Privacy Policy and any applicable additional terms for certain services) constitute the entire agreement between you and the Company regarding the subject matter herein, and supersede all prior and contemporaneous understandings, agreements, representations, or warranties, both written and oral, regarding the Platform. Any additional or different terms proposed by you (for example, in an email or during registration) are expressly rejected and will be of no force or effect unless agreed in writing by an authorized representative of the Company. No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company. If we do expressly waive any breach or provision of these Terms, that waiver will not be construed as a continuing waiver or a waiver of any other breach or provision. Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remainder of the Terms will continue in full force and effect. In other words, the invalidity of one part of these Terms does not affect the validity of the rest. Relationship of the Parties: Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between you and the Company. You and the Company are independent contracting parties. Likewise, although Consultants offer services via our Platform, they do so as independent providers and not as our employees or agents, as noted before. You have no authority of any kind to bind the Company in any respect whatsoever, and vice versa. Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. Any attempted assignment by you in violation of this provision shall be null and void. We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law, or otherwise at our discretion. Third-Party Beneficiaries: Except as expressly provided in these Terms, there are no third-party beneficiaries to this agreement. This means that no one other than the parties to this contract (you and the Company) has any right to enforce any of its terms. For example, even though Consultants provide services, they are not parties to this Terms of Use agreement and have no rights under it (however, we may enforce certain provisions against them through separate agreements). Force Majeure: The Company will not be liable for any failure or delay in performing its obligations where that failure or delay is due to causes beyond its reasonable control, such as natural disasters, war, acts of terrorism, civil disturbances, strikes, utility failures, pandemic or public health emergencies, governmental actions, or other force majeure events. Notices: We may provide notices or communications to you through the Platform, by email to the address associated with your account, or by other reasonable means. You are responsible for keeping your contact information up-to-date. Official notices to us should be sent to our email or physical address as provided on our website (Attn: Legal Department). Notices will be deemed given (a) in the case of communications through the Platform or by email, on the day they are sent, or (b) in the case of postal mail, on the delivery date. Contact Information: If you have any questions or concerns about these Terms or the Platform, or need to contact us for any reason, you can reach us at [support@chinaoffbeat.com]. We will endeavor to respond to inquiries promptly.
1.Acceptance of Terms These Terms of Use (“Terms”) govern your access to and use of our website, platform, and services (collectively, the “Platform”). By accessing, registering for, or using the Platform in any way, you agree to be bound by these Terms and all other policies referenced herein (including our Privacy Policy). If you do not agree with any part of these Terms, you must not use the Platform. We reserve the right to modify or update these Terms at any time. If we make changes, we will post the revised Terms on our website and update the “Last Updated” date. Your continued use of the Platform after any changes constitutes acceptance of the new Terms.
2. Eligibility You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or use the Platform’s services. By using the Platform, you represent and warrant that you meet this age requirement and that all information you submit is truthful, accurate, and complete. You are responsible for keeping your account information up-to-date. Accounts are personal to you and not transferable. If we discover that you are under 18 or otherwise ineligible, we may suspend or terminate your account immediately.
3. Account Registration and Security To access certain features of the Platform, you may need to register and create an account. During registration, you will be required to provide certain information (such as your name and a valid email address) and choose a secure password. You agree to provide accurate and current information and to keep your login credentials confidential. You are solely responsible for all activities that occur under your account. If you suspect any unauthorized use of your account or a security breach, you must notify us immediately. We are not liable for any loss or damage arising from your failure to safeguard your account credentials, and you may be held liable for losses incurred by us or others due to such unauthorized use. We may suspend or terminate your account if we believe it has been compromised or if you violate these Terms.
4. Platform Services and Consultants Our Platform connects users (“you” or “Clients”) with independent third-party consultants (“Consultants”) who provide expert consultation services (such as travel advice and itinerary planning) via online video sessions. The Platform’s role is solely to facilitate these consultations by providing scheduling, communication tools, and payment processing. Consultants are independent contractors and are not employees, agents, or representatives of the Company. We do not supervise or control the advice or services provided by consultants, and we make no warranties or representations about their expertise, qualifications, or advice. While we may vet or screen Consultants to a limited extent, we do not guarantee that any Consultant is accurately representing their credentials or that their advice will meet your needs. You acknowledge that any opinions, recommendations, or information provided by a Consultant are solely those of that Consultant and not of the Company, and you assume all responsibility for your interactions with Consultants. All consultation sessions will take place via the Platform’s approved channels, primarily through scheduled video conferencing (e.g. Zoom or Google Meet) at the appointed times confirmed on our Platform. You are responsible for having the necessary equipment, software, and internet connectivity for participating in video sessions. We do not guarantee that the Platform or video conferencing tools will be accessible at all times or on all devices, and we are not liable for any technical difficulties or connectivity problems that may occur.
5. User Conduct and Prohibited Activities When using our Platform, you agree to conduct yourself in a professional and respectful manner and to comply with all applicable laws. You are solely responsible for all content you post or transmit and for your interactions with Consultants and other users. You further agree that you will not engage in any of the following prohibited activities: - Unlawful or Fraudulent Use: Using the Platform for any illegal purpose, or to solicit others to engage in illegal activities or fraudulent schemes. - Misrepresentation: Impersonating any person or entity, or falsifying your identity, credentials, or affiliation. You must not provide false information or pretend to be someone you are not. - Platform Interference: Attempting to interfere with the proper functioning of the Platform. This includes not introducing malware, viruses, or any harmful code; not attempting to hack, scrape, or gain unauthorized access to any part of the Platform or its systems. - Circumvention: Avoiding or bypassing the Platform’s procedures or systems, including communications and payments. For example, you must not attempt to communicate or pay outside the Platform in order to circumvent any fees or these Terms (see Section 6 on Off-Platform Communications). - Harassment or Abuse: Harassing, threatening, or abusing any Consultant, user, or staff member. Hate speech, discrimination, or any content that is defamatory, obscene, or otherwise offensive is strictly forbidden. - Infringing Content: Posting or transmitting any content that you do not have rights to, or that infringes or violates the intellectual property rights, privacy rights, or other rights of any party. - Data Mining: Using any automated system (like bots or scrapers) to collect data from the Platform without our prior written permission. - Unauthorized Access: Allowing another person to use your account or using another person’s account without authorization. You cannot share your login credentials or provide anyone else access to the services through your account. Violation of any of the above may result in immediate termination of your account (see Section 13) and may subject you to legal consequences. We reserve the right to investigate and take appropriate legal action against anyone who, in our discretion, violates these rules, including reporting to law enforcement authorities if needed.
6. Off-Platform Communications and Meetings For the safety and integrity of our Platform community, all interactions between users and Consultants must occur through official Platform-approved channels. You must not engage in any in-person meetings or external communications with a Consultant outside of the Platform’s scheduled sessions and communication tools. This means, for example, you are prohibited from: - Exchanging personal contact information (such as phone numbers, personal email addresses, social media handles, or messaging IDs) with Consultants for the purpose of communicating outside the Platform. - Communicating with a Consultant via phone calls, text messages, or messaging apps (e.g. WhatsApp, WeChat, Telegram, etc.) that are not expressly authorized as part of the Platform’s services. - Meeting or attempting to meet with a Consultant in person, outside of the officially scheduled online video sessions facilitated by our Platform. The only permissible methods of communication with Consultants are those provided through the Platform. This includes our in-platform messaging system and the designated video conferencing tools for live sessions. In certain cases, we may allow or facilitate email communication through a Consultant’s official company email address (e.g. an email ending in John Jane Doe @chinaoffbeat.com) for sending follow-up information or materials. Such email communication is considered an official channel only if it uses the Consultant’s Platform-issued email address. Aside from these approved channels, you should not attempt to contact or respond to a Consultant through any other means. These restrictions are in place to protect users from potential fraud or scams and to ensure your safety. If a Consultant asks you to communicate or meet outside the Platform (for example, suggesting an off-site meeting or a private call via a different app), do not agree and please notify us immediately. Users should not trust or follow through with any invitation to meet in person or communicate off-platform, regardless of any assurances given. All legitimate consultation activity will be conducted through the Platform’s monitored channels. We do not bear any responsibility or liability for any consequences arising from communications or meetings that occur outside of our Platform in violation of these Terms. If you choose to ignore this rule and engage in off-platform interaction with a Consultant, you do so entirely at your own risk. The Company will not be liable for any injuries, losses, disputes, or damages of any kind that may result from such unauthorized interactions. Furthermore, engaging in off-platform communications or meetings is grounds for immediate termination of your account without refund, at our discretion. For clarity, all video consultation sessions provided by Consultants will be conducted via our Platform’s integrated Zoom or Google Meet conferencing tools at scheduled times. These sessions (as well as communications through official Platform email or messaging channels) may be monitored or recorded by the Company for quality assurance and safety purposes, in accordance with our Privacy Policy. By using our Platform, you consent to such monitoring and recording. This measure helps us ensure compliance with these Terms and provides a record in case of any disputes or safety concerns.
7. Booking, Payments, and Cancellations Consultation Scheduling: When you book a consultation session with a Consultant, you must use the Platform’s scheduling system to select an available time slot and receive confirmation. Sessions will typically be conducted online via video conference at the scheduled time. You are responsible for attending the session on time. If you need to reschedule or cancel, you must do so through the Platform interface (subject to any cancellation policies described below). Consultants are similarly expected to honor scheduled sessions, and any changes should be managed via the Platform. Fees and Payment: The Platform will display the fees or rates for consultations (for example, a per-session fee or subscription plan). By booking a session or otherwise purchasing services, you agree to pay all applicable charges. Payment must be made through the Platform’s designated payment processor at the time of booking (or as otherwise directed). We may accept credit card payments and/or other forms of electronic payment. You authorize us or our payment processor to charge your provided payment method for all fees incurred. All payments are processed in a secure manner, but we do not guarantee the availability or infallibility of any third-party payment system. No Off-Platform Payments: You agree not to make any payments to Consultants outside of the Platform. All fees for services obtained through the Platform must be paid via the Platform. If a Consultant ever requests that you pay them directly (for example, in cash or via a separate payment link or app), you should refuse and report this to us. Paying outside the Platform not only violates these Terms but also deprives you of any protections or recourse we provide for Platform-mediated transactions. We are not responsible for any loss of funds or fraud that may occur if you make payments outside of our system. Cancellation and Refunds: We understand that schedules can change. If you need to cancel or reschedule a consultation, please do so as early as possible through the Platform. Our general policy is as follows: Cancellations or reschedule requests made [for example, at least 24 hours before the scheduled session] may be allowed without penalty, and any fees paid can be applied to a rescheduled session or refunded at our discretion. However, late cancellations [for example, less than 24 hours before the session] or no-shows may be charged the full session fee as a late cancellation fee. Likewise, if a Consultant fails to show up for a scheduled session or cancels last-minute, you may be entitled to a full refund for that session and/or other make-good remedy as determined by the Company. Specific cancellation terms (such as exact time frames and fees) may vary and will be communicated to you on the Platform or in the booking details. We reserve the right to make the final decision on refunds or credits on a case-by-case basis. Aside from approved refund situations, all completed services and payments are final and non-refundable, except where required by law. Disputes: If you have a dispute regarding a consultation session (for example, you believe the service was not delivered as promised), you must contact us within a reasonable time after the session. We may request details of the issue and attempt to facilitate a resolution between you and the Consultant. In certain cases, we may, in our discretion, issue a refund or credit, but this is not guaranteed and is assessed on the specific circumstances. Any decision by the Company regarding disputes and refunds is final.
8. Privacy and Data Protection Your privacy is very important to us. Our collection, use, and disclosure of personal information in connection with the Platform are described in our Privacy Policy (available on our website). We encourage you to read the Privacy Policy carefully. By using the Platform, you consent to the collection and use of your information as outlined in the Privacy Policy. We are committed to complying with applicable data protection laws, including the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), to the extent they apply. In brief, this means we will only collect and process your personal data for legitimate purposes, and we will implement appropriate safeguards to protect it. You may have certain rights regarding your personal information under these laws. For example, you have the right to know what personal data we collect about you, to access that information, to request correction or deletion of your data, and to opt out of certain data sharing or “sale” of your data. We honor any legally valid requests to exercise these rights. If you are an EU resident, you also have rights such as the right to restrict processing of your data, the right to data portability, and the right to object to processing (including for marketing). California residents have the right to request information about what categories of personal information we collect and for what purpose, to request deletion of their personal information, to opt out of its sale, and to not be discriminated against for exercising their privacy. These rights are subject to certain limitations and exceptions under the law. For more details on how to exercise your rights, please see our Privacy Policy or contact us at the contact information provided in that policy. Additionally, by using the Platform, you acknowledge and agree that we may transfer your personal data to and process it in countries outside of your home country (for example, to our servers or to the locations of our service providers or Consultants), as needed to provide the service. We will do so in accordance with applicable law and with appropriate safeguards in place.
9. Intellectual Property Rights All content and materials available on the Platform, including but not limited to text, graphics, logos, button icons, images, audio clips, video, software, and the compilation and arrangement of such content (collectively, “Platform Content”), are the property of the Company or its licensors and are protected by intellectual property laws. The Company retains all rights, title, and interest in and to the Platform and Platform Content. You are granted a limited, revocable, non-transferable license to access and use the Platform and Platform Content for your personal, non-commercial use in accordance with these Terms. You may not copy, reproduce, distribute, publicly display, create derivative works of, republish, or commercially exploit any portion of the Platform or Platform Content without our express prior written consent, except as allowed under law (such as brief quotations for personal comment or fair use). The trademarks, service marks, logos, and any brand features displayed on the Platform (“Marks”) are either our property or the property of third parties. You are not granted any right or license to use any Marks without the prior written permission of the rightful owner. You shall not remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Platform. User-Submitted Content: In the course of using the Platform, you and other users (including Consultants) may provide or upload content, such as profile information, reviews, questions, comments, or other materials (“User Content”). You retain ownership of any intellectual property rights that you hold in the content you post; however, by submitting or posting User Content on the Platform, you grant the Company a worldwide, non-exclusive, royalty-free, fully-paid, sub-licensable and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from your User Content in any media, for the purposes of operating and improving the Platform and our services, and for marketing and promoting the Platform (for example, we may use testimonials or success stories you provide). This license lasts for as long as your content is protected by intellectual property rights. You also waive any “moral rights” or rights of attribution to the extent permitted by law, meaning we can use and modify your content without requiring further consent. Please do not share any content that you wish to keep confidential or that you do not have the rights to share. You represent and warrant that you have all necessary rights to submit any User Content and that such content does not infringe or violate the rights of any third party or any laws. We are not responsible for any User Content, nor do we endorse any opinion contained in User Content. While we have no obligation to monitor User Content, we reserve the right to remove or disable access to any User Content for any or no reason, including if we believe, in our sole judgment, that it violates these Terms or is otherwise harmful, objectionable, or unlawful.
10. Refunds and Cancellations 10.1 General Policy All payments made through the chinaoffbeat.com platform are final and non-refundable, except as expressly provided in this Refunds and Cancellations Policy. Refunds, when approved, will be returned exclusively to the original method of payment. 10.2 Refund Eligibility Refunds may be granted only in the following circumstances: (a) Consultant No-Show If the consultant fails to attend the scheduled session without prior notice, you are entitled to a full refund. (b) Early Termination Due to Dissatisfaction If you are dissatisfied with a consultant’s style or approach, you must notify the consultant and chinaoffbeat.com Support within the first fifteen (15) minutes of the scheduled session. Upon such notice, the session will be terminated, and you will be eligible for a full refund. You may then rebook it with a different consultant. Dissatisfaction raised after the first fifteen (15) minutes of a session will not qualify for a refund. Limit on Early Termination Refunds: Each registered account may exercise this early-termination refund option no more than two (2) times in total across the lifetime of the account. After this limit is reached, refunds will not be provided for dissatisfaction with consultant style, regardless of when the complaint is raised. (c) Technical Failures Attributable to Consultant If a session cannot be completed due to technical or network issues clearly attributable to the consultant, you must raise the issue immediately during the session or within one (1) hour of its interruption. In such cases, chinaoffbeat.com will reschedule the session at no additional cost. Refunds will only be issued if the consultant is unable or unwilling to reschedule within a reasonable timeframe. 10.3 Exclusions from Refunds Refunds will not be provided under the following circumstances: - You complete the full scheduled session and later claim dissatisfaction. - Technical failures are caused by your internet connection, equipment, or third-party software outside chinaoffbeat.com’s control. - You fail to attend a scheduled session, arrive late, or otherwise miss the agreed time slot. - You engage or attempt to engage consultants outside the chinaoffbeat.com platform, including via personal email, messaging applications, or in-person meetings, in violation of these Terms of Use. 10.4 Refund Request Procedure All refund requests must be submitted to chinaoffbeat.com Support at support@chinaoffbeat.com within seven (7) calendar days of the scheduled session. Requests must include your booking reference, session date, and a detailed description of the issue. 10.5 Processing Timeline Approved refunds will be processed within ten (10) to fifteen (15) business days and returned to the original payment method used. 10.6 No Obligation Beyond Policy Offbeat Travel Group Inc. shall have no obligation to provide refunds beyond what is explicitly stated in this Refunds and Cancellations Policy.
11. Disclaimer of Warranties The Platform and all services provided by the Company or by Consultants through the Platform are offered on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, the Company expressly disclaims all warranties, representations, and conditions of any kind, whether oral or written, statutory, express, or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Platform will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not warrant the accuracy, completeness, or reliability of any information provided on the Platform or by any Consultant. No advice or information, whether oral or written, obtained by you from the Company or through the Platform shall create any warranty not expressly stated in these Terms. Specifically, with regard to the consultations and advice given: The Company does not guarantee any particular outcomes or results from your use of the Platform or from following any advice you receive from Consultants. For example, if the Platform is used for travel planning, we cannot promise that your trip will be safe, enjoyable, or meet your expectations. Any recommendations or suggestions provided by a Consultant are their personal opinions and may not be verified by the Company. You should use your own judgment and, if necessary, seek a second opinion or do additional research before relying on any Consultant’s advice. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, any warranties required by law are limited to the shortest period and fullest extent permitted by law.
12. Travel and Third-Party Disclaimers Travel At Your Own Risk: If the services you obtain through our Platform involve travel planning or advice, please be aware that travel inherently involves risks, and conditions in any destination can change rapidly. All travel decisions you make are ultimately at your own risk and responsibility. While Consultants may provide guidance, you are solely responsible for your safety and well-being during any trip you undertake. We strongly recommend that you take appropriate precautions when traveling, such as: - Researching the current political, health, and safety conditions of any destination you plan to visit. - Reviewing official government travel advisories and warnings for those destinations. - Obtaining appropriate travel insurance to cover trip cancellations, medical expenses, personal injury, and other potential losses. - Ensuring you have all necessary travel documents (passports, visas, vaccination certificates, etc.) and that you comply with all legal requirements for entry, stay, and activities in your destinations. - Exercising common sense and caution throughout your travels, especially when engaging in activities or venturing into unfamiliar areas. The Company and the Consultants may provide information or advice on travel requirements and safety, but we do not warrant that this information is complete or up-to-date. Governments can change entry requirements or issue new advisories at any time, and local conditions (such as weather, public health, security, etc.) can change with little notice. Always verify critical information independently (for example, by checking with official sources like embassies or health organizations) before you travel. The Company is not responsible if you fail to obtain necessary visas or documents, are denied entry at a border, or encounter any hazards during travel. Third-Party Services and Links: In the course of providing consultation services, Consultants might recommend or refer you to third-party products, service providers, websites, or other resources (for example, a particular hotel, tour operator, airline, transportation service, restaurant, or ticket vendor). Additionally, our Platform or content on it may include links to third-party websites or services that are not owned or controlled by the Company. Please note that these third parties are completely independent from the Company. We do not own, operate, or have any control over them, and we are not responsible for their services, information, or conduct. Any third-party recommendations are provided only for your convenience or informational purposes. The Company does not endorse, guarantee, or assume any responsibility for any third-party offerings. If you choose to patronize any third-party services or click on third-party links, you do so at your own risk. Any transactions, bookings, or agreements you enter into with a third party (for example, buying a tour or making a hotel reservation that a Consultant suggested) are solely between you and that third party. The Company is not a party to such dealings and shall not be liable for any issues arising from them. This includes, but is not limited to, situations such as a tour operator failing to fulfill a service, a hotel overbooking, an airline cancellation, or any injury or loss you suffer while using third-party services. If a Consultant helps you find or arrange a third-party service, you acknowledge that the Consultant is doing so as an independent facilitator and not as an agent of the Company. We strongly encourage you to review the terms and conditions and privacy policies of any third-party services that you use. In summary, you acknowledge that you bear all risks associated with your travel and with any third-party services you use. We advise you to stay informed, use good judgment, and not rely solely on the Platform or Consultants for critical information. The Company disclaims all liability for any personal injury, illness, death, property damage, financial loss, or other damage or incident that may occur during or as a result of your travels or your use of third-party services.
13. Limitation of Liability To the maximum extent permitted by law, in no event shall the Company or its affiliates, or their respective officers, directors, employees, or agents, be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages whatsoever. This limitation of liability applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. This means that, for example, we will not be liable for: loss of profits or revenues; loss of data; loss of business or goodwill; the cost of substitute services; or personal injuries, emotional distress, or property damage arising out of or in connection with your use of the Platform or any services obtained through the Platform. In particular, the Company shall not be liable for any harm resulting from: (a) your interactions (or lack thereof) with any Consultant or other user of the Platform; (b) any advice, recommendations, or information you obtained through the Platform (you use these at your own risk); (c) any travel you undertake related to advice from the Platform, or any third-party services you utilize (as described in Section 11); or (d) unauthorized access to or use of our servers and/or any personal information stored therein. Our total liability to you for any and all claims arising out of or relating to these Terms or the use of the Platform shall not exceed the amount actually paid by you to the Company for the specific service or session in dispute, or one hundred US dollars (USD $100), whichever is greater. If the applicable law does not allow the limitation of liability as set forth above (for example, some jurisdictions do not allow the exclusion or limitation of liability for personal injury or for intentional misconduct), this limitation will apply to the fullest extent permitted by applicable law. You acknowledge that the Company is providing the Platform and services in reliance on the limitations of liability and the disclaimers of warranties set forth in these Terms, and that these provisions form an essential basis of the bargain between you and the Company. You agree that these limitations are reasonable given the nature of the Platform and the potential risks involved.
14. Indemnification You agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, and affiliates, and each of their respective officers, directors, employees, consultants, and agents (collectively, “Indemnified Parties”) from and against any and all claims, demands, suits, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform or any services obtained through the Platform; (b) your breach or violation of any provision of these Terms or of any law or regulation; (c) your violation of any rights of any third party (for example, infringing someone’s intellectual property or privacy rights, or causing injury to a third party); or (d) any content that you post or submit to the Platform, including any misrepresentation you make or information you provide that is inaccurate or incomplete. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations). In such case, you agree to cooperate with our defense of that claim. You will not settle any claim that affects any Indemnified Party or admits any fault or liability on the part of any Indemnified Party without our prior written consent. This indemnification provision will survive any termination of your account or the Platform’s services, regardless of the reason for termination.
15. Termination and Suspension By You: You may stop using the Platform at any time. If you wish to delete your account, you may do so by contacting us at the contact information provided below or through any account settings provided on the Platform. Account deletion will be processed as soon as reasonably practicable. Keep in mind that even if your account is deleted, certain information may be retained as required by law or as necessary for our legitimate business purposes (in accordance with our Privacy Policy). Also, deletion of your account will not affect any rights or obligations that have accrued prior to the date of termination (for example, any payment obligations or liability you incurred before termination). By the Company: We may, in our sole discretion, suspend or terminate your account and/or your access to all or part of the Platform at any time, with or without notice, for any reason or no reason. For example, we may terminate or suspend your account if we believe you have violated these Terms (or any policies incorporated by reference), if you engage in behavior that is unlawful or that we deem harmful to the Platform or our users, or if we cease to provide the Platform. In certain cases we may choose to give you a warning or ask you to correct your behavior before we take such action, but we are not obligated to do so. If your account is terminated by us, you must immediately stop using the Platform, and you will not create a new account without our permission. Any provisions of these Terms that by their nature should survive termination (such as indemnities, disclaimers, limitations of liability, and dispute resolution provisions) shall survive. If we terminate your account for violation of these Terms or misconduct, you will not be entitled to any refunds for services already rendered or fees already paid. No Liability for Termination: To the maximum extent permitted by law, the Company will not be liable to you for any termination or suspension of your account or access to the Platform, including for any loss of data or inability to receive services as a result. If you have paid for a future service that is canceled due to our termination of your account without cause, we may provide a proportional refund for the unused service (if applicable and at our discretion).
16. Governing Law and Jurisdiction This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or your use of the Platform shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles. By using the Platform, you agree that any disputes shall be subject to the exclusive jurisdiction of the state or federal courts located in California, and you consent to the personal jurisdiction of such courts. You agree to waive any objections to the venue of any such proceedings in those courts (including any claim that such action has been brought in an inconvenient forum). If you reside outside of the United States, you understand that you are voluntarily choosing to use a Platform that is based in the United States and subject to U.S. laws. However, we recognize that you may have additional rights or protections under the consumer protection or data protection laws of your country of residence. Nothing in this Governing Law section shall deprive you of any protection or mandatory right that you have under the law of your own jurisdiction. In other words, if you are a consumer residing in a jurisdiction which mandates that certain laws apply or that disputes be resolved there, those laws may supersede the above chosen law and jurisdiction to the extent required by law. Notwithstanding the above, the Company retains the right to seek injunctive or equitable relief in any jurisdiction to prevent or stop infringement of intellectual property rights or unauthorized access to the Platform, since such actions may require immediate attention by a court.
17. Miscellaneous Provisions Entire Agreement: These Terms (along with any documents incorporated by reference, such as our Privacy Policy and any applicable additional terms for certain services) constitute the entire agreement between you and the Company regarding the subject matter herein, and supersede all prior and contemporaneous understandings, agreements, representations, or warranties, both written and oral, regarding the Platform. Any additional or different terms proposed by you (for example, in an email or during registration) are expressly rejected and will be of no force or effect unless agreed in writing by an authorized representative of the Company. No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company. If we do expressly waive any breach or provision of these Terms, that waiver will not be construed as a continuing waiver or a waiver of any other breach or provision. Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remainder of the Terms will continue in full force and effect. In other words, the invalidity of one part of these Terms does not affect the validity of the rest. Relationship of the Parties: Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between you and the Company. You and the Company are independent contracting parties. Likewise, although Consultants offer services via our Platform, they do so as independent providers and not as our employees or agents, as noted before. You have no authority of any kind to bind the Company in any respect whatsoever, and vice versa. Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. Any attempted assignment by you in violation of this provision shall be null and void. We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law, or otherwise at our discretion. Third-Party Beneficiaries: Except as expressly provided in these Terms, there are no third-party beneficiaries to this agreement. This means that no one other than the parties to this contract (you and the Company) has any right to enforce any of its terms. For example, even though Consultants provide services, they are not parties to this Terms of Use agreement and have no rights under it (however, we may enforce certain provisions against them through separate agreements). Force Majeure: The Company will not be liable for any failure or delay in performing its obligations where that failure or delay is due to causes beyond its reasonable control, such as natural disasters, war, acts of terrorism, civil disturbances, strikes, utility failures, pandemic or public health emergencies, governmental actions, or other force majeure events. Notices: We may provide notices or communications to you through the Platform, by email to the address associated with your account, or by other reasonable means. You are responsible for keeping your contact information up-to-date. Official notices to us should be sent to our email or physical address as provided on our website (Attn: Legal Department). Notices will be deemed given (a) in the case of communications through the Platform or by email, on the day they are sent, or (b) in the case of postal mail, on the delivery date. Contact Information: If you have any questions or concerns about these Terms or the Platform, or need to contact us for any reason, you can reach us at [support@chinaoffbeat.com]. We will endeavor to respond to inquiries promptly.