MEMBER SERVICE AGREEMENT
Effective on: March 4, 2022
In order to use the Coolnew PDF member service provided by the Company (hereinafter referred to as the "Service"), you shall read and comply with the Coolnew PDF Member Service Agreement (hereinafter referred to as the "Agreement"). Please be sure to read carefully and fully understand the terms and conditions, especially the exemption clause or limitation of liability, and choose whether to accept it. The exemption clause or limitation of liability may be reminded in bold form.
You shall not have the right to use the Service unless you have read and accepted all the terms and conditions herein. Your use behavior (including but not limited to clicking to agree, proceeding to the next step, making payments, etc.) shall be deemed as that you have read and agree to be bound by this Agreement.
If you are under the age of 13, please read this Agreement in the company of your legal guardian. The purchase of membership services and the exercise of rights and performance of obligations hereunder by you(If you are under the age of 13) shall be deemed as having been approved by your legal guardian.
1、Scope of the Agreement
1.1 This Agreement is the agreement between you and Spearmint Castle Corporation Limited (hereinafter referred to as "the Company" or "us") with respect to your use of the Service.
1.2 This Agreement is deemed as the supplement to and an integral part of " Terms of Service" and constitutes an unified whole together with it. If there is any conflict between this Agreement and " Terms of Service", this Agreement shall prevail.
1.3 This Agreement shall also include relevant agreements, business rules and website descriptions concerning the Service that may be issued by the Company from time to time. The above content shall be an integral part of this Agreement upon its official publication and you shall abide by the same.
1.4 The Company shall have the right to amend this Agreement at any time. the Company will notify you by means of webpage publication, webpage prompt, message notice, email and other methods,once there is any change and modification to this Agreement. If you disagree with any amendment to this Agreement, you shall cancel the membership service you obtained and stop using it within 15 days after receiving the notice; if you continue to use the membership service provided by the Company, you shall be deemed to have accepted all amendments to this Agreement.
2、Service Description
2.1 Membership service means the following services of downloading all resources provided by the Company free of charge after payment of a certain service fee in a way designated by the Company. You may check the specific membership privileges of the members in the "Member Center".
2.2 Membership services include "6-month membership", "1-year membership".
2.3The Company may make adjustments to the existing service contents in accordance with the changes of the clients' demands and the products. The Company may launch different services at different times, in order to improve and optimize the Service as well. The actual service content shall be subject to the content published on the page of "Pricing".
3、Service Opening
3.1 You are prohibited from opening or using the Service in any of the following ways:
(1) A person opens the Service for himself/herself or other persons for the purpose of non- personal use such as profit-making, business operation;
(2) A person opens the Service for himself/herself or other persons through any robot software, spider software, crawler software, screen brushing software and any other program or software;
(3) A person opens the Service for himself/herself or other persons by any improper means or in the manner against the principle of good faith;
(4) A person opens the Service for himself/herself or other persons through the manner not designated by the Company;
(5) A person opens the Service for himself/herself or other persons by way of infringing the legal rights of the Company or other persons;
(6) A person opens the Service for himself/herself or other persons in any manner in violation of relevant laws;
(7) A person uses the Service by any illegal means such as malicious cracking to avoid fee renewal.
4、 Service Period and Fees
4.1 The service period shall be subject to the period your choice
and pay the service fees. You can check it by logging in "Member Center".
4.2 The Company will provide a 30-day Money Back schedule for you. If you have any dissatisfaction with the service within 30 days after you successfully pay the service fees and open the member service, you can request refund by contacting Customer Service from the e-mail (support@coolnewsoft.com), and the Company will refund the remaining fees according to the length of time you use the service. This process will takes 2-5 working days.
4.3 The refund service is only provided to the users who have purchased member services for more than one month (excluding one month).
4.4 In order to protect your refund rights, you should inform us by a clear declaration about your decision to cancel the service by e-mail (support@coolnewsoft.com).
You should use the model form as below:
– To: CoolNew PDF Team
– Ordered on (*)
– Name of the consumer:
– Consumer’s CoolNew account ID (*):
– Date:
– Application Reason:
(*)Required.
4.5 If there is any mistake in the process of charge deduction, the Company and you shall cooperate closely to find out the reasons and bear the loss caused by its own fault respectively. If both parties have unequal faults and shall bear corresponding responsibilities according to the degree of fault. If both parties are jointly in fault, but their respective faults cannot be distinguished, then both parties shall equally bear the loss.
4.6The Company may modify and change the charging standards and methods of the Service according to the overall planning of the Service. The Company will publicize the above amendments and changes on relevant service pages. If you need to obtain or use the Service, please understand the charging standards, methods and other information about the Service at that time in advance.
5、 Service Suspension/Termination and Refund
5.1 If the member service fails to be provided due to force majeure events beyond the control of the Company, such as government act and force majeure, the Company shall notify you as soon as possible; however, that the Company shall not be liable for any losses caused thereby and shall not refund the member service fee.
5.2 The Company shall have the right to terminate this agreement and stop providing the Service upon giving 30 days' prior notice.
5.3 If the Company finds or receives any report from others about your breach of this agreement, the Company shall have the right to make an independent decision and take technical means to delete, block or disconnect relevant information. In the meantime, based on the nature of your action the Company shall have the right to, take measures against you, including but not limited to suspending or terminating the Service in whole or in part, freezing, blocking your account, investigating for your responsibilities and other measures, and the Company shall have no obligation to refund any fees to you. All losses caused to you (including but not limited to interruptions of communication, emptying of relevant data, unused service fees that belong to the Company as liquidated damages, etc.) shall be borne by you, and you shall make compensation for the losses caused to the Company. If any damage is caused to any third party, you shall bear independent liability therefor.
6、 Notice
In order to make it easier for you to know relevant information about the Company, you agree that the Company shall have the right to give the notice by any one or several of the following methods, such as website publicity, website prompts, and so on.
7、Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
(1) Initial Dispute Resolution. We are available by email at (support@coolnewsoft.com) to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and the Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
(2) Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section 7(1) above, then either party may initiate binding arbitration. Each of the parties to these Terms of Service irrevocably agrees that the courts of [Hong Kong] shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with these Terms of Service or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of [Hong Kong]
The arbitrator, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforce ability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
(3) Class Action and Class Arbitration Waiver. You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive your respective right to file a class action or seek relief on a class basis.
(4) Applicable Law. You agree that federal laws and the laws of the HongKong, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and the Company.
8、Miscellaneous
8.1 If you have any questions about this Coolnew PDF Member Service Agreement or related issues (including inquiry and complaints) concerning the usage of membership services, please contact the Company through the feedback board on the function page or the online customer service. The Company will reply to you as soon as possible after receiving your comments and suggestions.