Online Course Purchase and Service Agreement for "KnowledgeGut" brand under Colorful Paradise Co., Ltd.
Welcome to use "KnowledgeGut" online course service(hereinafter referred to as "this Service"). This "Online Course Purchase and Service Agreement" (hereinafter referred to as "this Agreement") is provided byColorful Paradise Limited Company(hereinafter referred to as "this Company" or "Party B", company information below) and applies to using/purchasing any online teaching, assessment or other services related to websites and platforms operated by this Company (such as:https://knowledgegut.com、https://school.knowledgegut.com etc.) related online teaching, assessment or other services ofconsumers (hereinafter referred to as "Party A" or "You")。
Special Declaration:
This service does not fall under any formal education system, national supplementary school, continuing education school, or short-term cram school. The rights and obligations of both parties are governed by the terms of this agreement.
Before confirming your purchase or activating the service, please read all terms of this agreement in detail for at least three days and confirm you fully understand all provisions.
The company also provides course preview/trial listening services (such as free courses). Please experience the course quality, teaching method, and content arrangement before purchasing. If you do not try the course and check "Agree" or complete payment, it means you have waived your trial rights and agree to be bound by this agreement.
Party Terms
- Party A (Consumer/You)
- Party B (hereinafter referred to as "the Company"):
- Company Name: Cai Tuo Bang Limited Company
- Representative:Phoebe Yang
- Customer Service Email:hi@knowledgegut.com
- Company Address:5F, No. 25, Section 2, Ren'ai Road, Wenbeili 006, Zhongzheng District, Taipei
- Unified Business Number:89142811
Article 1: Definition of This Service
The "Service" provided by Party B refers to:
- Party B authorizes Party A to use online courses, teaching materials, assessments, or other related digital products or services provided by Party B on its designated websites and platforms (for example:https://knowledgegut.com/、https://school.knowledgegut.com/) on the internet.
- This service does not include any courses or services within the scope of formal education systems, national supplementary schools, continuing education schools, or short-term cram schools.
- All rights and obligations of both parties regarding this service are governed by the terms of this agreement.
Article 2: Content of This Service
- Website Addresses Provided by Party B
- Primary Platform:https://knowledgegut.com、https://school.knowledgegut.com
- Other official websites or platforms declared and authorized by Party B.
- Applicable Users of This Service
- Any learner interested in digital products or online courses provided by the company, without restriction of qualifications. However, if the user is a minor (under 18 years old), they must obtain written consent from their legal guardian before purchasing and using the service.
- Teaching Content
- The types and topics of online courses provided by Party B (examples: Knowledge Management, Notes Tool Application, Building a Personal Knowledge System, etc.) are detailed in the actual course description or syllabus.
- Party A can understand the teaching method and whether the content meets their needs through free course preview.
- Course Packages and Complementary Services
- The quantity and content of "Designated Courses" or "Course Packages" sold by Party B are as shown in Party B's latest announcement or course page.
- Any complementary gifts, VIP services, or other support plans are also subject to the course description. Community membership or ancillary services typically have usage periods, which should be confirmed according to Party B's announcements.
Article 3: Equipment Specifications
- Minimum Hardware/Software Requirements
Party B should clearly inform Party A of the following hardware and software requirements before payment or before using the service (examples):- Operating System: Windows 10 / Mac OS 10.13 (and above)
- Mobile Devices: iOS 14 / Android 7 (and above)
- Web Browser: Chrome 75 / Firefox 68 (and above)
- Internet Speed: Recommended fiber broadband 2M or above, or 4G mobile network
- Internet Access
- Party A shall be responsible for applying for and bearing the costs of internet connection (such as applying to telecommunications service providers), and shall ensure the quality of the connection.
- If Party B fails to inform Party A of the above minimum requirements in advance or if the requirements exceed reasonable limits, causing Party A to be unable to use the service normally, Party A may claim that this contract is not effective.
Section 4. Conclusion and Effectiveness of the Contract
- Electronic Consent Mechanism
- If Party A clicks the 'Agree' button or similar on the webpage designated by this company, or engages in purchasing, payment, or actual use on this company's website/platform, it indicates that Party A agrees to this contract and completes the online course purchase process.
- After Party B confirms the order, it shall provide electronic notification (such as email) for further confirmation. Upon Party A's confirmation, this contract is concluded.
- Paper or Online Execution
- In addition to the electronic consent mechanism, if both parties execute the contract through paper or other methods with signatures or seals, the contract is concluded upon completion of the execution.
Section 5. Legal Representative
- Persons with Limited Capacity for Conduct
- If Party A is a person with limited capacity for conduct (7 years of age or above but under 18 years), this contract shall become effective only with the consent of their legal representative.
- If Party A is a person without capacity for conduct (under 7 years), the contract shall be concluded by their legal representative.
- Handling of Violations
- If the preceding provision is violated, this contract shall not be effective; Party B may not request Party A or their legal representative to assume liability for contract performance or compensation (except as otherwise provided in Article 83 of the Civil Code).
Section 6. Usage Period
- Course Usage Period
- Party B shall open the service within the period specified in the course plan after Party A completes payment, with no limitation on the number of uses during the period.
- After obtaining login credentials, account number, or password, Party A may freely log into the platform to learn. After the usage period expires, Party B may decide whether to extend or terminate the usage rights according to the plan agreement.
- Account Activation Method
- Party B shall send the account, account number, or password to the email address designated by Party A or provide it on the order page after Party A completes payment.
- Party A shall pay attention to checking email or confirming platform notifications.
Section 7. Authorized Login Method
- Username and Password System
- Party B's platform provides Party A with registered username and password, and limits that only one person may log in at a single time; multiple simultaneous logins or sharing with others are not permitted.
- Party A may not disclose the username and password to third parties, nor may they resell, share, or engage in any other conduct that exceeds the authorization granted by this contract.
Section 8. Warranty and Authorization
- Lawful Rights Holder
- Party B shall ensure that the course content provided and the scope of authorized use are lawful. If there is any infringement of third-party rights, Party B shall bear the relevant legal responsibility.
- If infringement causes Party A to be unable to continue using the service, Party B shall compensate Party A for any losses incurred.
- Non-Transferable
- Without the written consent of Party B, Party A may not transfer, assign, or lend the usage rights granted by this contract to any third party.
Article 9 - License Usage Fee
- Fee Amount
- The license usage fee, total amount, and amount including tax for this service shall be based on the final sale price shown on the Platform Provider's course sales page.
- If the Platform Provider provides any teaching course or service under the name of "gift," it shall not claim to deduct the value of such gift from the Consumer upon termination or dissolution of this Agreement.
- Gift Value Cap
- Where the Platform Provider enters into a contract with the Consumer by offering teaching courses, usage periods, or other gifts, the gift value shall not exceed fifty percent of the value of the product/teaching course/service.
Article 10 - Payment Method
- Full Payment or Installment
- The Consumer shall pay the full amount in one payment or through installment via credit card, ATM transfer, or other methods provided by the Platform Provider's third-party payment partner.
- If the Consumer independently enters into a consumer credit loan agreement with a third party (lending institution), the Consumer shall independently understand its interest rate, repayment method, and rights.
- Loan Disclosure
- If the Platform Provider assists the Consumer in applying for such loan, it shall clearly disclose all lending institution information, legal regulations, cancellation/termination mechanisms, etc.
- If the Consumer notifies the Platform Provider and the lending institution in writing to terminate the loan agreement within seven days after loan approval, it shall be deemed as termination of this Agreement.
- Business Closure or Inability to Provide Service
- If the Platform Provider is unable to provide service due to business closure, suspension, or other circumstances, the Consumer may request the lending institution to cease payment of the remaining loan balance; provided that this shall not apply if the Platform Provider has provided other performance guarantee.
Article 11 - Reasonable Exceptions to Distance Transaction Withdrawal Rights
- Upon Prior Consumer Consent, Service Initiation Constitutes Complete Delivery
- If this service is classified as 'online digital content completed upon provision,' once the Consumer checks the consent box and completes account login/course activation, the Consumer shall be deemed to have received all content.
- Pursuant to Section 5 of Article 2 of the 'Reasonable Exception Standards for Distance Transaction Withdrawal Rights,'Not Applicablethe provisions regarding the seven-day cooling-off period under Article 19(1) of the Consumer Protection Act.
Article 12 - Principles of License Usage
- Illegal Conduct
- The Consumer shall not use this service to distribute content that violates mandatory or prohibitive regulations (such as threats, defamation, pornography, malware, etc.).
- If the Consumer engages in material illegal conduct or breaches this Agreement, the Platform Provider may terminate this Agreement and notify the Consumer.
- Termination and Breach Penalty
- Upon termination of this Agreement by the Platform Provider, it shall return to the Consumer the pro-rata portion of unused license fees; provided that the Platform Provider may deduct a 20% breach penalty from the returned amount (if applicable).
Article 13 - Consumer's Obligations
- Payment Obligation
- The Consumer shall pay the license usage fee by the agreed deadline.
- Account Protection
- The Consumer has the obligation to properly protect account credentials and password, and prevent disclosure or unauthorized sharing with others.
- Registration Information Update
- If the Consumer's registration information contains errors or changes, the Consumer shall promptly notify the Platform Provider to correct them; if losses result from failure to update, the Consumer shall bear such losses.
Article 14 - Handling of Unauthorized Account and Password Use
- Presumed Usage
- All operations conducted under Party A's account and password are presumed to be actions by Party A; if any abnormal usage or intrusion occurs, Party A shall immediately notify Party B.
- Suspension and Replacement
- Upon confirmation of unlawful usage, Party B shall suspend the account and assist Party A in changing the account or password.
Article 15: Service Quality
- Stable Operation
- Party B shall maintain safe system operation and avoid recurring errors, lag, disconnections, and similar issues.
- Immediate Repair
- If a malfunction or course content error is caused by matters attributable to Party B, Party B shall promptly correct it.
- If there are repeated instances (3 or more major anomalies) within the contract period and Party B fails to improve, Party A may terminate the contract and request a refund (proportional refund of unused portions).
Article 16: Intellectual Property Rights
- Ownership of Rights
- All intellectual property rights of this service (including course content, teaching materials, images, text, multimedia files, etc.) are owned by Party B or legally authorized third parties.
- Prohibition of Use Beyond Scope
- Without written consent from the rights holder, Party A shall not reproduce, modify, distribute, publicly transmit, or engage in any other conduct beyond the authorization granted in this contract.
Article 17: Party B's Confidentiality Obligations
- Personal Data Protection
- Party B shall not arbitrarily disclose Party A's personal data (including learning records) obtained through providing this service to third parties, except with Party A's consent or legal basis.
- Party B shall fulfill its confidentiality and security maintenance obligations in accordance with personal data protection laws and regulations.
Article 18: Disclaimer on Learning Outcomes
- No Promise of Results
- Party B only provides course content and guidance and cannot guarantee that Party A will necessarily achieve specific learning outcomes or objectives.
- If Party A has individual needs, please conduct your own assessment and seek professional or customized services.
Article 19: Handling of Service Suspension
- System Maintenance
- Party B may suspend this service for reasons such as relocation, upgrade, maintenance, or repair, and shall announce the suspension on the website homepage and course platform at least seven days in advance and notify Party A via email or other appropriate means.
- Emergency or Circumstances Beyond Liability
- In case of emergency events (such as natural disasters, power outages, sudden line failures, etc.), Party B shall promptly make an announcement and repair the issues afterward.
Article 20: Protection of Personal Data
- Scope of Collection and Use
- Party B shall collect Party A's personal data only for the purposes defined in this contract and shall not exceed the scope necessary for course services or this contract.
- No Circulation Among Different Legal Entities
- Except as required by law or with Party A's consent, Party B shall not arbitrarily transfer Party A's personal data among different legal entities of Party B's affiliated enterprises.
Article 21: Contract Modification
- Announcement and Notification
- If Party B modifies this contract, it shall announce the modification on the website at least thirty days in advance and notify Party A via email or other written means.
- Handling When Party A Disagrees
- If Party A does not agree with the revised content, Party A may terminate this contract within thirty days after announcement; Party B shall refund Party A the service fees for unused portions on a pro-rata basis.
Article 22: Contract Termination and Refunds
- Party A's Right to Terminate at Any Time
- Party A may terminate this contract at any time by written notice or email to Party B, and Party B shall not refuse.
- The refund method after termination shall be handled according to the following provisions.
- Full Refund if Not Activated Within 7 Days
- After the contract is established within 3 days, if the course has not been activated or the account has not been used to log in to the platform, a full refund may be requested.
- Application Process:
- Submit an application through the customer service email (hi@knowledgegut.com) and provide proof of purchase.
- Starting from the date of receiving the complete application 7 business daysthe processing shall be completed within that time.
- No Refund if Over 3 Days Have Passed or Course Has Been Activated
- If the contract has exceeded 3 days or the account has been activated and used to log in to the platform, it is deemed that 100% usage of this service, no further refunds will be provided.
- If this contract is terminated due to other provisions (such as major system failures) and a partial refund is required, courses that have been activated shall be deemed fully delivered and shall not generate any refund requests.
Article 23: Right to Complaint
- Customer Service Channel
- If Party A has any questions or disputes arising from this service, Party A may lodge a complaint with Party B through email or in writing.
- Processing Timeframe
- Party B shall respond to and handle the complaint within 15 days from the date of receipt of the complaint.
Article 24: Governing Law
- Applicable Law
- This contract and any related disputes shall be governed by the laws of the Republic of China.
- For any matters not covered, they shall be resolved through negotiation in accordance with relevant laws or the principle of good faith.
Article 25: Contract Attachments
- Advertising Materials
- All advertising content related to this service shall be deemed part of this contract, and if there is any conflict with the contract, the provision more favorable to Party A shall prevail.
- Can be downloaded or printed
- After this agreement is concluded, Party A may download or print this agreement from Party B's website for record-keeping.
Article 26: Jurisdiction
- Jurisdiction
- Any disputes arising from this agreement, except as otherwise provided in Article 47 of the Consumer Protection Act and Article 436-9 of the Code of Civil Procedure (small claims), shall be resolved with the agreement of both parties through Taiwan Taipei District Court as the court of first instance.
The above terms constitute an agreement between Party A and Party B regarding "Online Course Purchase and Services." If you (Party A) check or sign "I agree" and make payment (or complete the relevant purchase process), it indicates that you have read and agree to all contents of this agreement. If you have any questions, please contact our customer service before purchasing.
This course, as regulated by the "Reasonable Exceptions for Distance Transaction Cancellation Rights Standards" under Article 19, Paragraph 2 of the Consumer Protection Act, Article 2, Paragraph 5, if the product meets the criteria of "digital content not provided through tangible media, or online services completed upon provision, which are provided only with prior consumer consent," shall not be subject to the aforementioned limitations.
Therefore, when you register or purchase an online course, you will receive a student-exclusive account and password with access to view the online course (digital content). Unless it is an additional customized service (such as: choosing a plan that includes specific courses, which will enjoy a 7-day conditional full refund satisfaction guarantee), we cannot process refund requests. Please make your purchasing decision after careful evaluation.
Cai Tuo Bang Co., Ltd. Sincerely,
KnowledgeGut Wishing you a smooth learning experience!