Internet Course Purchase and Service Agreement

This Internet Course Purchase and Service Agreement (hereafter referred to as “this Agreement”) stipulates the authorization given by Tera Thinker Co., Ltd. (hereafter referred to as “Tera Thinker”, “we”, “our”, “us”, with company details as listed below) to you for utilizing teaching, evaluation, or other relevant services provided by Tera Thinker through the terathinker.com domain website or any application platforms owned by Tera Thinker (collectively referred to as “this Platform”). Consequently, regarding the rights and obligations pertaining to this service, both parties agree to be bound by the stipulations of this Agreement.

  1. Review Period of the Agreement and Basic Information of the Parties
    1. You, being the successful contractee on this Platform with Tera Thinker (referred to as “Member”), with personal information and the list of courses or plans purchased detailed on your member page.
    2. Tera Thinker Co., Ltd.
      • Person in Charge: Chun-You Yang
      • Customer Service Email: support[at]terathinker.com
      • Business Address: 18th Floor, No. 206, Section 1, Keelung Rd, Xinyi District, Taipei City, 110
      • Unified Business No.: 83747356
    3. You have reviewed all terms of this Agreement for more than 3 days.
  2. Content of This Service
    1. This Service includes the following:
      1. The website address provided by Tera Thinker for this Service: terathinker.com and all application platforms owned by Tera Thinker
      2. Applicable subjects for this Service provided by Tera Thinker: unrestricted
      3. Teaching content for this Service provided by Tera Thinker: as per the course or plan purchased by the member
      4. The number of teaching courses provided and gifted by Tera Thinker for this Service: as per the course or plan purchased by the member
  3. Specifications of Equipment
    1. Before using this Service, your device should meet the following basic specifications and requirements:
      • Operating system: Windows 10 for computers, or MacOS 10.13, iOS 14 for mobile phones or tablets, or Android 7
      • Browser: Chrome 75
      • Internet speed: Fiber internet 2M or mobile network 4G
    2. The network connection to the equipment room system designated by Tera Thinker, unless provided by Tera Thinker under agreement, shall be applied for lease by you from a legally operating telecommunications business. The rights and obligations arising from leasing the network connection are as stipulated in the contract between you and the telecommunications business.
    3. If we fail to notify the specification in the first clause in advance, causing you to be unable to use this Service or affecting the quality of this Service, you can claim that this Agreement is ineffective.
  4. Formation and Effectiveness of the Contract
    1. If you apply for this Service via the internet, clicking the “Agree” button on the designated webpage by Tera Thinker indicates your agreement to apply for this Service and to use electronic documents as the form of expression. Thereafter, Tera Thinker will immediately notify you through the website system and confirm the content of the electronic document by utilizing a confirmation mechanism. Once you confirm again, this Agreement is formed.
    2. Except as stipulated in the preceding clause, this Agreement is formed once both parties sign or stamp this Agreement document.
  5. Legal Guardian
    1. If you are a person with limited capacity, this Agreement shall come into effect only with the consent of your legal guardian; if you are a person with no capacity, your legal guardian must contract on your behalf.
    2. If the preceding clause is violated, except for the situations referred to in Article 83 of the Civil Code, this Agreement shall not take effect, and Tera Thinker may not require your legal guardian to bear any contractual performance or compensation liability.
  6. Period of Use
    1. Tera Thinker grants you the period, number of uses, or rights to use this Service as per the following stipulations:
      1. The right to use this Service needed or exchanged by you starts from the day after obtaining usage rights, calculated according to the course or plan you have purchased.
      2. During the aforementioned period, you can use this Service unlimited times without restriction on each use’s duration.
  7. Warranty Authorization
    1. Tera Thinker ensures that we are the rightful owners for the services authorized to you under this Agreement.
    2. Should Tera Thinker violate the preceding clause resulting in your inability to continue using the service, Tera Thinker shall compensate you for the loss of inability to use.
    3. Without Tera Thinker’s prior written consent, you are strictly prohibited from transferring your usage rights to others, including but not limited to sharing your member account, sharing content, reselling exchange codes or coupons, etc., with others.
  8. Authorization Usage Fee
    1. The amount of the authorization usage fee for this Service is as recorded in the list of courses or plans purchased by the member.
    2. Tera Thinker may offer products, teaching courses, or services at a discounted price for you to decide whether to purchase additionally.
    3. If you purchase teaching courses or services at a discounted price according to the previous clause, the provisions of Article 19 apply when the contract is terminated or rescinded.
    4. At the time of establishing this Agreement, Tera Thinker, under the guise of “gifts”, shall not request the return of such gifts upon termination or revocation of this Agreement, nor shall claim the cost of such returned gifts. The same applies if Tera Thinker enters into a contract based on the content of the gifted number of teaching courses and usage period.
    5. The “gifts” mentioned in the previous clause, their value limit is half of the value of products, teaching courses, or services.
  9. Payment Method
    1. Both parties agree that the payment method for the authorization usage fee of this Service is to be paid in full at once.
  10. Fee Adjustment
    1. When there’s an adjustment in the fee rates for authorization usage, Tera Thinker will announce the adjustment on the homepage of this Service website and within this Service 30 days before the effective date of the adjustment, and notify you by email, charging according to the new rates from the effective date. However, if the new rate is higher than the old rate, and you have already paid according to the old rate for the period of use or the purchased usage times or duration that have not yet expired, it shall still be charged at the rate before the adjustment effective date.
  11. Principles for Authorized Use
    1. If you fall under any of the following circumstances, you shall bear all legal responsibility, and Tera Thinker may notify you to terminate this Agreement, and you may not refuse:
      1. You deliberately spread computer programs that interfere with the normal operation of this Platform, or engage in, including but not limited to, modifying, reproducing, reverse engineering, decompiling, or any attempt to obtain the source code or content of any function or program on this Platform.
      2. You spread threatening, defamatory, infringing on others’ privacy, pornographic, or other texts, pictures, or videos on this Platform that violate mandatory or prohibitive regulations or public order and good morals.
    2. If you fall under the circumstances specified in the previous clause or clauses such as 7.3, 16, etc., Tera Thinker has the right to decide on its own and immediately take corresponding measures, including but not limited to suspending part or all of your use of this Platform, removing related content, or preserving relevant records, etc.
    3. If you engage in any illegal acts or violate the stipulations of this Agreement when using this Platform, and the circumstances are serious, and Tera Thinker notifies you to correct within a limited period of 3 days but you fail to correct within the period, Tera Thinker may notify you to terminate this Agreement, and you may not refuse.
    4. If Tera Thinker terminates the contract in accordance with the provisions of this clause, Article 19 applies.
  12. Your Obligations
    1. You have the obligation to pay the authorization usage fee generated from using this Service on time, and you have the obligation to pay the authorization usage fee generated before the termination of this Agreement.
    2. You have the obligation to properly keep your member account and personal password to prevent third parties from knowing.
    3. When using this Service, you have the obligation to comply with the principles for authorized use stipulated in this Agreement.
    4. If the personal information you registered under this Agreement is incorrect or has changed, you should promptly notify Tera Thinker to request correction. If your rights are damaged due to your failure to notify, you shall bear the responsibility.
    5. You should not engage in any malicious acts to damage the goodwill of Tera Thinker during or after the effective period of this Agreement.
  13. Handling of Illegal Use of Account and Password
    1. The act of logging into this Platform using your member account and personal password is presumed to be your act.
    2. If you discover that your member account or personal password has been used illegally or improperly by a third party, you should immediately notify Tera Thinker. Upon your confirmation of the illegal or improper use by a third party, Tera Thinker will suspend the use of the said member account or personal password and accept your request to change your member account or personal password.
  14. Service Quality
    1. Tera Thinker shall provide services with reasonably expected safety and shall ensure that its system equipment does not have errors, screen pauses, delays, interruptions, or connection failures.
    2. If Tera Thinker violates the preceding clause due to reasons attributable to itself, it shall immediately correct or repair.
    3. If there are significant system abnormalities or errors in teaching content or materials occurring more than 3 times during the effective period of this Agreement, and you notify Tera Thinker, which then fails to repair or correct according to the provisions, you may notify Tera Thinker to directly terminate this Agreement, and Tera Thinker may not refuse, and Article 19 applies to return your authorization usage fee.
    4. When you use this Service, if errors in teaching content, pauses, interruptions, failure to connect to the website system, or other service quality defects occur due to reasons attributable to third parties, Tera Thinker will do its best to correct or repair.
    5. Tera Thinker does not guarantee the following:
      1. This Service will meet your specific requirements, including but not limited to the learning outcomes using this Service.
      2. Any product, service, information, or other course obtained from purchasing from Tera Thinker will meet your expectations. Whether to use this Service should be considered by you and bear the risk yourself.
  15. Performance Guarantee Responsibility of Tera Thinker
    1. If the prepaid period for the authorization usage fee exceeds one year and the prepaid amount is more than NT$50,000, Tera Thinker shall manage the exceeding amount according to the trust law by opening a trust account as a performance guarantee.
  16. Intellectual Property Rights
    1. You shall respect all intellectual property rights related to this Service, and without the prior written consent of the intellectual property rights owner, you may not use them in ways other than those authorized under this Agreement.
    2. If you violate the preceding clause, you shall compensate the intellectual property rights owner according to the law for the damages incurred.
  17. Handling of Service Suspension
    1. Tera Thinker may temporarily suspend part or all of this Service when conducting necessary relocation, replacement, upgrading, maintenance, or repair of the software and hardware equipment related to this Service.
    2. When Tera Thinker temporarily suspends part or all of this Service due to the reasons mentioned above, it shall announce on the homepage of this Service website and within this Service 7 days before the suspension of this Service and notify you by email. However, this does not apply to temporary, urgent, or reasons not attributable to Tera Thinker.
  18. Changes to the Agreement
    1. When Tera Thinker modifies this Agreement, it shall announce on this Platform 30 days before and notify you by email simultaneously.
    2. If you do not express opposition and continue to use this Service, Tera Thinker will continue to provide this Service according to the modified content of the agreement.
    3. If you do not agree with the changes mentioned in the first clause, you may claim to terminate the contract with Tera Thinker within 30 days after the announcement. Tera Thinker shall apply Article 19 to return your authorization usage fee.
  19. Termination of the Agreement and Refund
    1. This Agreement shall terminate upon the expiration of the usage period for the course or plan purchased.
    2. Except for the situation stipulated in the preceding clause, you may notify Tera Thinker at any time to terminate this Agreement, and Tera Thinker may not refuse. After the termination of the contract, Tera Thinker shall settle, allocate, collect, or return the authorization usage fee according to the following methods:
      1. If the contract is terminated within 7 days after its effectiveness, the full amount of the authorization usage fee shall be returned.
      2. If the contract is terminated more than 7 days after its effectiveness, 50% of the authorization usage fee shall be returned.
      3. If the contract is terminated more than 14 days after its effectiveness, the full amount of the authorization usage fee shall not be refunded.
  20. Right to Complain
    1. You may file a complaint with Tera Thinker regarding this Service provided by Tera Thinker through email, in writing, or at Tera Thinker’s business premises. Tera Thinker shall properly handle it within 15 days from the date of receiving your complaint.
  21. Attachments to the Agreement
    1. The attachments related to this Agreement are part of this Agreement.
    2. If there is any contradiction between the attachments mentioned in the preceding clause and the content of the terms of this Agreement, the content of the terms of this Agreement shall prevail.
    3. When this Agreement is formed, Tera Thinker shall provide you with this Agreement and its attachments for download, printing, or saving.
  22. Governing Law
    1. For all disputes arising from this Agreement, both parties agree to apply the laws of the Republic of China (Taiwan).
  23. Jurisdictional Court
    1. For all disputes arising from this Agreement, both parties agree that the Taipei District Court in Taiwan shall be the court of first instance jurisdiction, but this does not exclude the application of the jurisdiction of the small claims court stipulated in Article 47 of the Consumer Protection Act or Article 436-9 of the Code of Civil Procedure.