1. General | Scope
1.1 These ChineseKuang End User Terms (“Terms”) apply to all contracts between ChineseKuang – Felix Kaung, Burgunder Str. 5, 14197 Berlin, Germany (“ChineseKuang”) and its customers to whom ChineseKuang provides Services for personal, family or household use, and not for business or commercial purposes (“you”).
1.2 These Terms shall govern each order for Services, whether placed online, via email or by in-app ordering process or otherwise, agreed between you and ChineseKuang (each an “Order”). The terms and conditions of each agreed Order shall incorporate these Terms.
1.3 These Terms shall also apply to all future Orders between you and ChineseKuang even if ChineseKuang does not refer to them in each individual case. By using or accessing the Services, you are deemed to have agreed to these Terms.
1.4 These Terms apply to the exclusion of all others. Different, conflicting or supplementary terms shall only become part of an Order if and to the extent that ChineseKuang has consented to such terms in writing.
1.5 Individual agreements between you and ChineseKuang shall take priority over these Terms if mutually agreed to in writing.
1.6 Where these Terms use the expressions ‘in writing’, ‘in written form’ or variations thereof, this shall mean ‘in writing’ within the meaning of the German Civil Code. The electronic exchange of copies of documents signed by hand as well as documents signed with a simple electronic signature (e.g. DocuSign or Adobe Sign) shall suffice therefor. Unless expressly stated otherwise in these Terms, simple emails shall not suffice.
1.7 Unless stated otherwise in these Terms, any notices and declarations given or made by you to ChineseKuang, must be made at least via email or via other electronic methods in text form, as permitted by the German Civil Code.
Free Services and Paid Services
2.1 Subject to the terms and conditions of each Order, ChineseKuang grants you access to its language learning software, which is offered as a software-as-a-service, and any related websites, spaces, services, applications content and features as specified in the Order (“Services”). ChineseKuang may offer free of charge with limited functionality (“Free Services”) or against payment of a Service Fee, with certain agreed functionality (“Paid Services”), each as specified in the Order.
2.2 ChineseKuang may, in its sole discretion, implement new versions and upgrades of the Paid Services including, but not limited to, changes that affect the design, operation, specifications, content, features and other functions of the Paid Services, at any time in accordance with applicable law, in particular to the extent that such changes that are necessary to maintain the compliance of the Paid Services with applicable law or changes that are necessary for technical, business or legal purposes.
2.3 ChineseKuang may downgrade, limit or otherwise modify the Free Services at any time without notice. Subject to Clause 17, ChineseKuang shall have no obligations with regard to any warranty, guarantee, indemnity, Maintenance or Support pertaining to Free Services, nor does ChineseKuang make any guarantee of availability or uptime. Features offered as part of the Free Services are not guaranteed to be implemented in the Paid Services.
2.4 ChineseKuang may grant you access to the Paid Services free of charge or at a reduced Service Fee as part of a trial evaluation for a period determined by ChineseKuang in its sole discretion (“Trial Use”). ChineseKuang may downgrade, limit or otherwise modify the Services provided for Trial Use at any time without notice. Subject to Clause 17, ChineseKuang shall have no obligations with regard to any warranty, guarantee, indemnity, Maintenance or Support pertaining to Trial Use, nor does ChineseKuang make any guarantee of availability or uptime. ChineseKuang may revoke or terminate any Trial Use at any time without giving prior notice to you. Features offered in connection with Trial Use are not guaranteed to be implemented in the Paid Services. Subject to the terms and conditions of the Order, Trial Use of Services shall automatically convert to Paid Services upon the expiration of the Trial Use period.
2.5 ChineseKuang may, in its sole discretion, retain subcontractors, including third-party software suppliers, for the performance of any of its obligations under any Order at any time.
2.6 All transactions for purchase of intangible products, pdf downloads, resource material, and online content are made through payment gateways such as PayPal or Stripe that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.
3. User Account | Conclusion of an Order
3.1 In order to use the Services, you must create a user account (“User Account”), which requires accepting these Terms, providing certain personal details, and either setting a password of your choice in a registration form provided by ChineseKuang online or, if offered by ChineseKuang in its sole discretion, by using an existing account with a third-party service provider (such as e.g., Google, Facebook or Apple). After registering, you will receive a confirmation email from ChineseKuang allowing you to activate your User Account. By creating a User Account, you enter into a binding Order with ChineseKuang entitling you to use the Free Services.
3.2 If you are under the age of thirteen (13) you may not create a User Account, place an Order, or otherwise use the Services.
3.3 If you wish to access the Paid Services, you may place an Order with ChineseKuang through your User Account. Offers made by ChineseKuang for Paid Services are not binding. By placing an Order, you make a binding offer to conclude an Order. The order process usually includes the following steps: choosing an option, verifying the choice and/or correcting it, inserting relevant data, selecting the method of payment, reading and accepting any additional applicable terms and conditions, agreeing to these Terms, and submitting a binding Order by clicking an order button and/or checking the box to proceed. Your offer shall not be binding on ChineseKuang until ChineseKuang confirms acceptance of your offer via email (“Order Confirmation”). The Order Confirmation will also include detailed information regarding your Order and an order number.
3.4 You should save a copy of these Terms and any other terms and conditions applicable to the Order. ChineseKuang may not retain copies of these Terms or any other terms and conditions, and they will not be accessible to you after concluding the Order process.
4. Rights of Use | Use Restrictions
4.1 Subject to the terms and conditions of the applicable Order, ChineseKuang hereby grants to you, during the Free Term, the Initial Service Term, the Lifetime License Term and any Renewal Service Term, each as applicable, a non-exclusive, non-transferable, non-sublicensable world-wide right and license to use the Services solely for personal and non-commercial purposes (“License”). ChineseKuang will offer the Services as described on ChineseKuang’s website, including the user on-boarding process (if any) and the frequently asked questions section, in each case as updated from time to time (“Documentation”).
4.2 You must not (and must not permit any third party to), directly or indirectly: (a) sublicense, sell, resell, transfer, assign, distribute, share, lease, rent, make any business or commercial use of, outsource, or otherwise generate income from the Services; (b) copy the Services onto any public or distributed network; (c) decompile, reverse engineer or disassemble any portion of the Services, or otherwise attempt to discover any source code, object code or underlying structure, ideas, know-how or algorithms or other operational mechanisms of the Services, in each case, unless expressly permitted by mandatory law; (d) modify, adapt, translate or create derivative works based on all or any part of the Services (except to the extent expressly permitted by ChineseKuang in writing or authorized within the Services); (e) modify any proprietary rights notices that appear in the Services or components thereof; (f) use any Services in violation of any applicable laws and regulations or outside of the scope of the rights granted under this Clause 4; or (g) use the Services to (i) store, download or transmit infringing, libelous, or otherwise unlawful or tortious material, or malicious code or malware; or (ii) engage in phishing, spamming, denial-of-service attacks or other fraudulent or criminal activity; (iii) interfere with or disrupt the integrity or performance of third-party systems, or the services or data contained therein; (iv) gain unauthorized access to the Services or ChineseKuang’s systems or networks; or (v) perform, or engage any third party to perform, penetration testing, vulnerability assessments or other security assessments.
4.3 The Services may be subject to export and/or re-export control laws and regulations of the European Union, the United States of America, or similar laws applicable in other jurisdictions. You warrant that (a) you are not located in any country to which the European Union and/or the United States of America have embargoed goods or have otherwise applied any economic sanctions, and (b) you are (i) not a denied party under any applicable export and/or re-export laws and regulations of the European Union, the United States of America, or similar laws applicable in other jurisdictions, or (ii) otherwise listed on any European Union and/or United States of America government list of prohibited or restricted parties.
4.4 You must not export or re-export, directly or indirectly, any Services or data relating thereto in breach of any applicable laws and regulations. In particular, you must comply with any sanctions imposed by the European Union and the United States of America, in each case, insofar as this does not result in a violation of or a conflict with mandatory laws, in particular with respect to anti-boycott statutes that may be applicable to you. You must, at your own expense, obtain all necessary customs, import, or other governmental authorizations and approvals.
4.5 You must not duplicate, process, distribute, share, or publicly reproduce any content of the Services without ChineseKuang’s prior written consent, unless expressly permitted by sharing options that may be integrated in the Services.
4.6 You may only use the Services as described in the Documentation.
4.7 ChineseKuang may monitor your use of the Services and may prohibit and/or suspend any use of the Services that ChineseKuang believes may be in violation of this Clause 4.
5. User’s Responsibilities
5.1 You shall be responsible for obtaining and maintaining any equipment and related ancillary services required to connect to, access or otherwise use the Services, including, without limitation, hardware, software (collectively, a “System”), and networks and internet connections, at your own cost. ChineseKuang’s current System requirements (as amended from time to time) may be accessed on ChineseKuang’s website (“System Requirements”).
5.2 You must keep the information in your User Account up to date and correct. You must ensure that user identities, passwords and similar credentials used for accessing the Services are used and stored in a secure manner, cannot be accessed or used by unauthorized third parties and are immediately changed in the event of unauthorized disclosure. You must notify ChineseKuang promptly of any unauthorized use of any password or User Account or any other known or suspected breach of security or misuse of the Services.
5.3 You shall be solely responsible for the content of all data and any other material displayed, posted, uploaded, stored, exchanged or transmitted by you by or through the Services (“Content”). ChineseKuang cannot control the information submitted by you when using the Services and cannot guarantee the accuracy of any information that you submit.
5.4 ChineseKuang may, without notice or liability, investigate any complaints or suspected violations of the Order or these Terms that come to its attention and may take any action that it believes is appropriate, including, but not limited to, rejecting, refusing to post, or removing any Content or other data, or restricting, suspending, or terminating your access to the Services.
5.5 Subject to Clause 17, you shall be liable for losses or damage incurred by ChineseKuang if you intentionally or negligently revealed your user identification/password to a third party, or if your user identification and password has otherwise become known to an unauthorized party.
6. Maintenance and Support for Paid Services
6.1 Subject to your payment of the Service Fees, ChineseKuang shall provide Maintenance and Support for Paid Services to the extent specified in the Order. “Support” shall mean ChineseKuang’s obligation to use commercially reasonable efforts to respond to your reasonable support requests with regard to Paid Services by troubleshooting issues and providing assistance within a reasonable time. “Maintenance” shall mean ChineseKuang’s obligations with regard to Paid Services related to error resolution, bug fixes and the provision of updates and upgrades made generally available by ChineseKuang in its sole discretion.
6.2 ChineseKuang will provide Support to you via email through support@ChineseKuang.com or any other email address that ChineseKuang may choose from time to time, via the live chat on ChineseKuang’s website and/or via the telephone numbers as indicated on ChineseKuang’s website, in each case, at least from Monday to Friday during regular business hours in the locations where ChineseKuang operates service centers.
6.3 ChineseKuang shall use reasonable efforts consistent with prevailing industry standards to provide Maintenance for Paid Services in a manner which minimizes errors and interruptions in the Services. You may notify ChineseKuang of any errors via support@ChineseKuang.com or any other email address that ChineseKuang may provide from time to time and/or via the live chat on ChineseKuang’s website. ChineseKuang shall use commercially reasonable efforts to timely correct any errors of which ChineseKuang is notified, subject to (a) you providing a detailed description of the error and its reproducibility to ChineseKuang, and (b) the priority of the error, to be reasonably determined by ChineseKuang in its sole discretion.
7. Availability of Paid Services
7.1 Subject to your payment of the Service Fees, ChineseKuang shall make Paid Services available to you in accordance with this Clause 8.
7.2 ChineseKuang shall use reasonable efforts to ensure that the Paid Services are available to you via internet no less than ninety-nine point five percent (99.5%) of the time in each calendar year (based on twenty-four (24) hours a day and seven (7) days a week), excluding (a) any temporary unavailability for scheduled or unscheduled Maintenance, and (b) unavailability for causes beyond ChineseKuang’s reasonable control. ChineseKuang shall use reasonable efforts to provide advance notice of any scheduled service disruption.
7.3 You are aware and acknowledge that the user-side access to Paid Services depends on third party products and services such as internet access, which cannot be guaranteed by ChineseKuang. ChineseKuang shall not be liable for any deficiencies in your internet connections or System.
8. Fees | Payment Terms | Limitation of Right to Set-off
9.1 You must pay the fees for the Paid Services as specified in the applicable Order, in accordance with the terms therein (the “Service Fees”).
8.2 ChineseKuang may change the Service Fees for each Renewal Service Term by at least sixty (60) days’ notice prior to the end of the Initial Service Term or prior to the end of the then-current Renewal Service Term.
8.3 You must make payment of the Service Fees using the payment methods offered on ChineseKuang’s website.
8.4 ChineseKuang may bill you through electronically transmitted invoices. Full payment for invoices must be received by ChineseKuang thirty (30) days after the mailing or transmittal date of the invoice.
8.5 Following notice to you in writing (simple email shall suffice), ChineseKuang may suspend your access to Paid Services in accordance with applicable law if payments are not received by ChineseKuang within fourteen (14) days of the due date.
8.6 You may only set-off your claims against ChineseKuang’s claims to the extent that your claims have been (a) finally established by a court of law; (b) are uncontested; or (c) have been agreed to by ChineseKuang.
9. Term | Termination
9.1 The term of each Order shall begin on the date specified therein.
9.2 Any Order for Free Services shall remain in effect for an indefinite period of time, unless terminated in accordance with the Order or these Terms (“Free Term”). You or ChineseKuang may terminate any Order for Free Services for convenience at any time with immediate effect.
9.3 Unless otherwise agreed, any Order for Paid Services shall remain in effect for an initial term as specified in the Order (“Initial Service Term”). The Initial Service Term shall automatically and continuously renew for additional periods as specified in the Order (“Renewal Service Term”), unless terminated by ChineseKuang or by you at any time with forty-eight (48) hours’ prior written notice for Paid Services, and in each case such termination shall be effective as of the end of the then-current term. You may not terminate any Order for Paid Services for convenience with effect prior to the end of the Initial Service Term or any Renewal Service Term.
9.4 You or ChineseKuang may immediately terminate any Order for good cause. Good cause for termination shall exist if the other party commits a material breach of the Order or these Terms, and such breach has not been cured within thirty (30) days after receipt of written notice thereof (simple email shall suffice). Such good cause shall also exist for ChineseKuang if (a) you are in breach of your payment obligations for more than forty-five (45) days; (b) you breach the use restrictions under Clause 4; (c) you violate the ChineseKuang Live Code of Conduct; or (d) you cease payment or suffer a significant deterioration in your financial situation.
10. Limited Warranty for Paid Services
10.1 You represent and warrant that you have checked that the specifications of the Services as described in the Documentation meet your needs. You are aware of the functionality and features of the Services. The extent, nature and quality of the Services are subject to these Terms, the Order, and the Documentation. Any other requirements only form part of the Order if you and ChineseKuang mutually agree in writing. Product descriptions, illustrations, test programs, etc. shall not constitute guarantees or agreements on certain specifications. In order to be valid, any such agreement must be agreed to by a director of ChineseKuang in writing.
10.2 ChineseKuang warrants that the Paid Services will, in all material respects, conform to the functionality described in the then-current Documentation for the applicable Paid Services. In the event of a breach of this warranty, ChineseKuang shall use commercially reasonable efforts to modify the Paid Services to conform in all material respects to the Documentation, and if ChineseKuang is unable to materially restore such functionality within thirty (30) days from the date of written notice of said breach, you may terminate the Order by written notice and receive a pro-rata refund of the unused Service Fees which have been paid in advance (if any) for unused access to Paid Services. In order to claim the foregoing remedy, you must notify ChineseKuang in writing of any such breach of warranty and you must use the Services in accordance with the Documentation. Any strict liability of ChineseKuang for the existence of initial errors under applicable law shall not apply. Any claim for damages for a breach of this warranty is subject to the limitations set forth in Clause 17. Your statutory warranty rights shall remain unaffected by this Clause 13.2.
10.3 You may not obtain or access the source code of the Services for any reason.
11. Proprietary Rights | User Data
11.1 database rights, patent, trade secret, trademark and all other intellectual property rights and technical solutions, in and to the Services, including but not limited to any learning contents and didactic methods. You acknowledge that the rights granted under any Order do not provide you with title to or ownership in the Services.
11.2 You shall retain all right, title and interest in and to your data and any content, as well as any data that is based on or derived from your data and any content. You grant to ChineseKuang a non-exclusive, non-transferable, sublicensable, worldwide and unlimited right and license to use your data and any content solely in connection with providing the Services. ChineseKuang shall have no liability arising out of your data and any Content.
12. Data Privacy
12.1 The processing and use of personal data by ChineseKuang is described in ChineseKuang’s privacy policy, which can be accessed here.
13. Indemnity
13.1 Without prejudice to any other liability of you under contract or statutory law, you shall defend, indemnify and hold harmless, at your expense, ChineseKuang and its Affiliates, and their employees, subcontractors, suppliers, licensors and resellers from and against any third-party claim arising out of or in connection with your breach of Clause 4, your violation of the ChineseKuang Live Code of Conduct or otherwise from your use of Services, and you shall pay all costs and damages finally awarded against ChineseKuang by a court of competent jurisdiction as a result of any such claim. “Affiliate” shall mean any entity that directly or indirectly controls, is controlled by, or is under direct or indirect common control with ChineseKuang, or which is a wholly owned subsidiary of ChineseKuang, whereby ‘control’ shall mean owning, directly or indirectly, at least fifty-one percent (51%) of the equity securities or equity interests of an entity.
13.2 In connection with any claim for indemnity under this Clause 16, ChineseKuang must promptly provide you with notice of any claim that ChineseKuang believes is within the scope of your indemnity obligations, provided, however, that the failure to provide such notice shall not relieve you of your obligations under this Clause 16, except to the extent that such failure materially prejudices your defense of such claim. ChineseKuang may, at its own expense and at its sole discretion assist in the defense of such claim, but you shall control the defense and all negotiations related to the settlement of any such claim. You may not enter into any settlement intended to bind ChineseKuang without ChineseKuang’s written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
13.3 ChineseKuang shall, at its expense defend you from (or, at ChineseKuang’s option, settle) any third-party claim to the extent such claim alleges that the Services infringe or misappropriate any patent, copyright, trademark or trade secret of a third party, and ChineseKuang shall pay all costs and damages finally awarded against you by a court of competent jurisdiction as a result of any such claim. In the event that the use of the Services is, or in ChineseKuang’s sole opinion is likely to become, subject to such a claim, ChineseKuang, at its option and expense, may (a) replace the applicable Services with functionally equivalent non-infringing technology; (b) obtain a license for your continued use of the applicable Service; or (c) if applicable, immediately terminate the Order in whole or in part and provide a pro-rata refund of the Service Fees that have been paid in advance for the applicable Services (beginning on the date of termination).
13.4 Clause 16.3 shall not apply (a) if the Services are modified by you or by any third party for which you are responsible, (b) if the Services are combined with other non-ChineseKuang products, applications, or processes, but solely to the extent that the alleged infringement is caused by such combination or (c) in the event of any unauthorized use of the Services.
13.5 Your rights under this Clause 16 shall be your sole remedy with respect to any claim of infringement of third-party intellectual property rights and trade secrets.
14. Limitation of Liability
14.1 ChineseKuang shall be unrestrictedly liable for (a) injury to life, body or health caused by ChineseKuang, its legal representatives or vicarious agents; (b) damage caused intentionally or with gross negligence by ChineseKuang, its legal representatives or vicarious agents; (c) damage resulting from the absence of any guaranteed characteristics; and (d) claims under the German Product Liability Act.
14.2 ChineseKuang shall be liable for damages resulting from the breach of its material obligations hereunder by ChineseKuang, its legal representatives, or vicarious agents. Material obligations are fundamental duties which form the essence of the Order and of the performance on which you may rely. If the breach of such material obligations was caused through simple negligence by ChineseKuang, its legal representatives or vicarious agents, ChineseKuang’s ensuing liability shall be limited to the amount which was foreseeable by ChineseKuang at the time the respective Service was performed.
14.3 Subject to Clauses 17.1 and 17.2, ChineseKuang shall not be liable for damages resulting from the breach of non-material obligations through simple negligence of ChineseKuang, its legal representatives or vicarious agents.
14.4 ChineseKuang shall be liable for loss of data only up to the amount of typical recovery costs which would been incurred if proper and regular data backup measures had been taken by you.
14.5 Subject to Clause 17.1, the aggregate liability of ChineseKuang arising out of or in connection with these Terms or any Order, whether in contract or tort or otherwise, shall in no circumstances exceed a sum equal to one hundred and fifty percent (150%) of the total Service Fees paid or payable by you under the relevant Order.
14.6 ChineseKuang does not guarantee, represent or warrant any specific language learning progress or language learning success to be achieved by you through your use of the Services.
14.7 Neither ChineseKuang nor you shall be liable for any failure or delay in performance under the Order or these Terms to the extent that such failure or delay is proximately caused by force majeure, i.e., causes beyond a party’s reasonable control and occurring without such party’s fault or negligence.
14.8 ChineseKuang shall have no liability to you except as set forth in this Clause 17.
15. Notice of Right of Withdrawal | Declaration on Immediate Performance
15.1 You shall have the following right of withdrawal:
Notice of your Right of Withdrawal
Right of Withdrawal
You may withdraw from this contract within fourteen (14) days without giving any reasons.
The withdrawal period will expire after fourteen (14) days from the day on which the contract is concluded. To exercise your right of withdrawal, you must inform ChineseKuang – Felix Kuang (registered office: Burgunder Straße 5, 14197 Berlin, Germany, email: support@chinesekuang.com) of your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post or email). You may use our contact form but this is not required.
To meet the withdrawal deadline, it is sufficient for you to send your communication stating your exercise the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall refund all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay, and in any event no later than fourteen (14) days from the day on which we are notified of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
End of the Notice of your Right of Withdrawal
15.2 You hereby agree that ChineseKuang shall commence performance of the Order before the end of the withdrawal period set forth in Clause 18.1. You acknowledge that by giving this consent you will lose the right to withdraw from the Order once ChineseKuang has commenced performance of the Order. If you nonetheless withdraw from an Order involving Virtual Classroom Services, you shall compensate ChineseKuang for the value of such Services provided until the withdrawal is effective.
15.3 ChineseKuang shall not be liable for any costs or expenses that you may incur from third parties engaged by you (e.g. banks and payment service providers) or for any non-refundable taxes as part of the withdrawal process.
16. Assignment | Novation
16.1 ChineseKuang may assign these Terms and any Order and/or any associated rights in whole or in part to a third party, provided that such assignment shall not impair your rights under such Order.
16.2 At ChineseKuang’s request, you shall enter into a novation agreement with a third party for any Order without undue delay in order to enable ChineseKuang to exercise its rights pursuant to Clause 19.1.
16.3 You must not assign any of your rights or obligations under any Order and these Terms without the prior written consent of ChineseKuang. This shall not apply to any payment claims.
17. Entire Agreement | Severability | Changes
17.1 The Order and these Terms represents the entire agreement between you and ChineseKuang with respect to their subject matter and supersedes all prior negotiations and agreements made between you and ChineseKuang, whether written or oral.
17.2 Should any provision of the Order including these Terms be or become ineffective or invalid in whole or in part, the effectiveness and validity of the other provisions shall not be affected. Such ineffective or invalid provision shall be replaced by a provision which comes as close as legally possible to what you and ChineseKuang would have agreed to, with regard to the meaning and purpose of the original provision and of the Order if they had recognized the ineffectiveness or invalidity of the original provision. If the ineffectiveness or invalidity of a provision is based on the determination of a certain level of performance or a certain time (deadline or fixed date), such ineffective or invalid level or time shall be replaced by the level or time which comes as close as legally possible to the original level or time. The foregoing shall also apply to any omission or error in an Order or these Terms that was not intended by you and ChineseKuang.
17.3 Without prejudice to Clause 21, valid amendments or supplements to any Order must be mutually agreed and made in writing (exchange of simple emails to suffice). The same shall apply to any agreement to deviate from or cancel the requirements of this Clause 20.3.
18. Revision of these Terms
18.1 ChineseKuang may amend and/or update these Terms for existing Orders from time to time with future effect and as necessary for technical, economic or legal reasons. ChineseKuang will notify you of any changes to these Terms in text form (simple email shall suffice) no later than six (6) weeks before the proposed effective date. You may either approve or object to such changes before their proposed effective date. All changes shall be deemed approved by you, unless you object to the revision before the proposed effective date. ChineseKuang shall expressly inform you of the proposed effective date in the announcement of such changes.
18.2 ChineseKuang may amend and/or update these Terms from time to time for future Orders at any time for any reason without notice.
19. Governing Law | Consumer Dispute Resolution
19.1 Any disputes or claims (whether contractual or non-contractual) arising out of or in connection with the Order, these Terms or their subject matter or formation shall be governed by and construed in accordance with the mandatory laws of the country of your habitual residence (i.e. the provisions of the law of that country which cannot be derogated from by agreement). The laws of the country of your habitual residence shall apply to Clause 11 of these Terms. In all other respects, the laws of the Federal Republic of Germany shall apply, excluding its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
19.2 ChineseKuang is not obligated to participate in European Commission dispute resolution proceedings or in dispute resolution proceedings before any other consumer arbitration board.
