1. Acceptance and Modification of Terms of Service
1.1 This Agreement is concluded by and between subscribers and DomiKids regarding the entrusted deduction service for automatic renewal provided by DomiKids (hereinafter referred to as the "Service"), and describes the rights and obligations of DomiKids and subscribers during the use of the Service. "Subscribers" refer to natural persons who have completed all subscription procedures in DomiKids and are using the subscription services provided by DomiKids in compliance with relevant rules. This Agreement is a prerequisite for subscribers to use the Service provided by DomiKids. DomiKids has prompted subscribers to read relevant exemption or limitation clauses herein in bold font or highlighted in other reasonable fashions. Both parties acknowledge that the aforesaid clauses do not belong to the "exclusion of liability, enhanced obligations, and exclusion of main rights" clause stipulated in Article 40 of the Contract Law. Both users and DomiKids acknowledge the legitimacy and validity of the aforesaid clauses. Unless the subscribers accept the terms of this Agreement, they shall have no right to use the Service. Subscribers' choice to use the Service shall be deemed to agree to be bound by the terms of this Agreement.
1.2 DomiKids shall be entitled to modify the Terms of Service at any time. In the event of any change or modification in the Terms of Service, DomiKids shall remind subscribers of the modified contents on the relevant pages, and the said modification shall take effect 10 days after the date of the announcement. If any subscriber disagrees with such change or modification, he/she may cancel the automatic renewal service. If the subscriber continues to use the Service, he shall be deemed to have accepted all the changes or modifications.
1.3 Subscribers shall have the corresponding legal capacity and disposing capacity when using the Service, and be able to independently bear legal responsibilities. If they are under the age of 18, they can only use the Service under the guardianship and participation of their parents or other guardians. Their use of the Service shall be deemed to have been approved by their parents or other guardians.
2. Service Description
2.1 The Service is introduced out of subscribers' demand for automatic renewal. On the premise that subscribers have already paid for the subscription service, the Service will help users avoid losses caused by their failure to renew in time due to negligence or other reasons. Subscribers authorize DomiKids to, prior to the expiration of the subscription validity period, entrust payment channels to deduct fees for the next billing cycle from third-party payment accounts, bank cards and communication accounts (hereinafter collectively referred to as "Account") bound to subscribers' accounts. The billing cycle includes but not limited to the monthly billing cycle, annual billing cycle, etc. (the same below). Users may choose the billing cycle displayed on DomiKids Platform at their discretion. Before using the Service, users shall bind their DomiKids accounts with the above accounts to facilitate successful deduction of subscription fees from the above accounts.
2.2 Automatic renewal means that, on the premise of 2.1, DomiKids will collect fees for the next billing cycle from the above accounts. Subscribers shall ensure that DomiKids can successfully deduct the fees from the above accounts. Where renewal fails due to insufficient deductible balance in the above accounts, subscribers shall bear the responsibility arising therefrom and DomiKids shall have the right to interrupt/terminate the corresponding subscription rights and services.
2.3 Where users choose to activate automatic renewal, they shall be deemed to have agreed to authorize DomiKids to issue a deduction instruction to the above accounts to deduct the fees for the next billing cycle from the accounts without having to verify the account password, payment password, SMS check code, and other information. Unless subscribers explicitly cancel the automatic renewal service, the automatic deduction entrusted by subscribers to DomiKids shall be irrevocable. Except as otherwise stipulated by laws and regulations, DomiKids will not refund the fees paid by subscribers in any way.
2.4 Subscribers shall be bound by the terms of the DomiKids User Service Agreement, the DomiKids Privacy Policy, and all relevant sub-agreements, page descriptions or standard procedures when using the Service. When subscribers use the Service, their usage behavior shall be deemed as their consent to the service terms and all kinds of publicity issued by DomiKids concerning the Service. In the event of any conflict between this Agreement and the DomiKids User Service Agreement and the DomiKids Privacy Policy, this Agreement shall prevail.
2.5 Subscribers shall only use the Service provided by DomiKids on DomiKids platform. Any service content separated from DomiKids platform through malicious cracking or other illegal means shall not be deemed as the Service agreed upon hereunder. All legal consequences arising therefrom shall be the borne by the actor, and DomiKids shall pursue legal action against the actor according to law.
3. Rights and Obligations of Both Parties
3.1 DomiKids shall be responsible for providing subscribers with inquiry methods about the specific status of automatic renewal, but will not provide invoice printing and/or subscription service forwarding.
3.2 DomiKids will deduct the fees for the next billing cycle from the above accounts of subscribers 24 hours prior to the expiration of the valid period, and extend the valid period of subscribers accordingly. Upon successful deduction, DomiKids has the right to collect the fees immediately and does not provide refund service.
3.3 In case of any mistake in the deduction process, DomiKids and subscribers shall cooperate with each other to identify the reason and each shall bear the losses caused by its own fault. If losses are caused by both parties, both parties shall bear corresponding responsibilities according to their degree of fault; if losses are caused due to the common fault of both parties and their respective faults cannot be distinguished, both parties shall share the responsibility equally.
3.4 DomiKids may change or modify relevant service contents, rules and terms of this Agreement according to its business development or technological upgrading, etc., and shall inform users of relevant changes or modifications through publicity on relevant pages of DomiKids or other appropriate locations. DomiKids shall not be obliged to make separate notice. The above publicity shall be deemed to have been delivered to users from the date when such publicity is made on DomiKids platform. In the case of multiple notice methods, the delivery time shall be the earliest one of the above methods. If any subscriber disagrees with such change or modification, he may cancel the Service and stop using it. If the subscriber continues to use the services provided by DomiKids, he shall be deemed to have accepted all the changes or modifications.
3.5 Subscribers have the right to choose whether to cancel the Service. If subscribers choose not to cancel the Service, it will be deemed that subscribers agree that DomiKids has the right to continuously make irregular deduction attempts according to certain rules. Upon successful deduction, DomiKids will open subscription service for subscribers in the next billing cycle.
3.6 In case of any price adjustment made by DomiKids prior to/during the automatic renewal period, the current valid price announced on DomiKids Platform shall prevail.
3.7 DomiKids does not charge any extra fees for users to subscribe to the Service. However, DomiKids shall be entitled to decide whether to charge for the Service itself or adjust the automatic renewal period and fees according to business needs or market changes and other reasons and publicize the said adjustment to subscribers on relevant pages.
3.8 Where subscribers renew the subscription within the validity period, the validity period will be extended on the basis of the original service validity period.
3.9 Subscribers acknowledge and agree that the deduction permission authorized to DomiKids shall be regarded as the recharging behavior of subscribers themselves. In case of any loss caused to subscribers due to such deduction, users shall not claim any rights or investigate any liabilities against DomiKids and its affiliates.
4. Term and Termination of the Agreement
4.1 This Agreement shall take effect when users accept or use the Service and terminate when subscribers terminate the Service/cancel the subscription qualification, unless otherwise announced by DomiKids.
4.2 Subscribers have the right to choose to terminate the Service at any time in the user account settings. Upon termination of the Service, DomiKids shall stop providing the Service to users.
4.3 The automatic renewal instruction entrusted to DomiKids by subscribers remains valid. DomiKids will not refund the fees already deducted based on the instruction, and subscribers shall bear relevant responsibilities and losses.
4.4 DomiKids has the right to suspend or terminate the Service due to its own business adjustment, price changes, and other reasons. In case of any of the above circumstances, DomiKids shall notify subscribers by public announcement.
5. Liability for Breach of Contract
If either party breaches the contract, the observant party has the right to seek compensation or indemnity through the resolution methods agreed upon by both parties.
6. Dispute Resolution and Applicable Law
DomiKids and subscribers shall settle disputes arising from the performance of this Agreement through friendly negotiation. If the negotiation fails, either party may bring a lawsuit to the court where DomiKids is located. The interpretation, validity, and implementation of this Agreement shall be governed by the laws of the People's Republic of China.
7. Miscellaneous
7.1 If subscribers have any doubts (including questions, complaints, etc.) concerning this Agreement or the use of the automatic renewal service of DomiKids, please contact DomiKids through the user feedback portal on the function page. DomiKids will reply to subscribers as soon as possible upon receipt of the comments and suggestions.
7.2 The title of this Agreement is for the convenience of reading only and in no event shall affect the meaning or interpretation of any provisions herein.