Auto-Renewal Membership Service Agreement
1. Acceptance and Modification of Terms of Service
•1.1 This Agreement is entered into between NoYell members (hereinafter "Member") and NoYell regarding the Member's use of the automatic renewal authorized deduction service provided by NoYell (hereinafter "Service"). This Agreement describes the rights and obligations between NoYell and the Member regarding the use of the Service and related matters. "Member" refers to a natural person who has completed all procedures to become a NoYell member and uses the membership services provided by NoYell in compliance with NoYell's relevant usage rules. This Agreement constitutes a prerequisite for the Member to use the Service provided by NoYell. NoYell has highlighted relevant liability exclusion or limitation clauses in bold or other reasonable manner to prompt Members to read carefully. Both parties confirm that the aforementioned clauses do not constitute clauses that "exempt one party's liability, increase the other party's liability, or exclude the other party's main rights" as stipulated in Article 40 of the Contract Law, and both the User and NoYell recognize their legality and validity. Unless the Member accepts the terms of this Agreement, the Member has no right to use the Service. The Member's choice to use the Service shall be deemed as agreement to be bound by all terms of this Agreement.
•1.2 NoYell has the right to modify the terms of service at any time. Once the terms of service are changed or modified, NoYell will post an announcement on the relevant page, and the modified content will take effect and be executed 10 days after the date of announcement. If the Member disagrees with any modification of this Agreement, they may cancel the auto-renewal feature. If the Member continues to use the Service, it shall be deemed that the Member has accepted all modifications to this Agreement.
•1.3 Members using the Service must have the corresponding legal capacity and capacity for civil conduct to independently bear legal responsibility. If the Member is under 18 years of age, they must use the Service under the supervision and participation of a parent or other guardian. Their use of the Service shall be deemed to have been approved by the parent or other guardian.
2. Service Description
•2.1 This Service is designed to meet Members' need for automatic renewal. On the premise that the Member has activated this Service, it is launched to avoid losses caused by the Member's failure to renew in time due to negligence or other reasons. The Member authorizes NoYell to entrust payment channels to deduct the fee for the next billing cycle from the balance of the Member's own recharge account, third-party payment account bound to the Member's account, bank card, or telecommunications account (hereinafter collectively referred to as "Account") when the membership validity period is about to expire. Billing cycles include but are not limited to monthly, quarterly, annually, etc. (the same below). Members may choose according to the billing cycle displayed on the NoYell platform. The prerequisite for this Service is that the Member has bound their NoYell membership account to the aforementioned Account and that deductions can be successfully made from the Account.
•2.2 Auto-renewal specifically means that, based on the premise of 2.1, NoYell collects the fee for the Member's next billing cycle through the aforementioned Account. The Member must ensure that NoYell can successfully deduct from the aforementioned Account. Renewal failures caused by insufficient deductible balance in the aforementioned Account are the Member's own responsibility, and NoYell has the right to suspend/terminate the corresponding membership benefits and services.
•2.3 By choosing to activate auto-renewal, the Member is deemed to have agreed to authorize NoYell to issue deduction instructions to the Account, and agrees that the Account may deduct the fee for the next billing cycle from the Account based on the deduction instructions issued by NoYell without verifying the Member's account password, payment password, SMS verification code, or other information. Unless the Member actively and explicitly cancels auto-renewal, the Member's automatic deduction authorization to NoYell is irrevocable. Except as otherwise provided by laws and regulations, NoYell will not refund any fees paid by the Member in any way.
•2.4 When enjoying this Service, the Member shall be bound by the NoYell Privacy Policy and all terms and related sub-agreements, page descriptions, or standard procedures. When the Member uses this Service, their usage shall be deemed as consent to the terms of service of this Service and all public announcements issued by NoYell regarding this Service. In case of conflict between this Agreement and other NoYell agreements, this Agreement shall prevail.
•2.5 The Service provided by NoYell to Members is only available for use by Members on the NoYell platform. Any act of illegally separating the Service provided by NoYell from the NoYell platform through illegal means such as malicious cracking does not constitute the Service as agreed in this Agreement. All legal consequences arising therefrom shall be borne by the perpetrator, and NoYell will pursue the legal liability of the perpetrator in accordance with the law.
3. Rights and Obligations of Both Parties
•3.1 NoYell is responsible for providing Members with a way to query specific information about auto-renewal charges, but is not responsible for printing relevant invoices and/or forwarding them to Members.
•3.2 NoYell will send an auto-renewal reminder to the Member via SMS or other means before the membership validity period expires. When the fee for the next billing cycle is deducted from the Member's aforementioned Account, it will be recorded in the Member's payment records on the day of deduction, and the membership validity period will be extended accordingly. Once the deduction is successful, NoYell has the right to collect the fee immediately and does not provide refund services.
•3.3 If errors occur during the deduction process, NoYell and the Member shall closely cooperate to identify the cause. Each party shall bear the losses caused by their own fault. If losses are caused by unequal faults of both parties, each party shall bear corresponding responsibility according to the degree of fault. If losses are caused by the joint fault of both parties but the respective faults cannot be distinguished, both parties shall share the responsibility equally.
•3.4 NoYell may change or modify the relevant service content, rules, and terms of this Agreement based on its business development or technological upgrades. NoYell will inform users of relevant changes or modifications by posting announcements on relevant NoYell pages or other appropriate locations, but is not obligated to provide individual notifications. Such announcements shall be deemed delivered to users on the date NoYell sends them. If multiple notification methods coexist, the delivery time shall be based on the earliest sending time among the above methods. If the Member disagrees with the modification of this Agreement, they may cancel the obtained Service and stop using it. If the Member continues to use the services provided by NoYell, it shall be deemed that the Member has accepted all modifications to this Agreement.
•3.5 This Service may be cancelled at the Member's own discretion. If the Member chooses not to cancel, it shall be deemed that the Member agrees that NoYell has the right to continuously make irregular deduction attempts according to certain rules. Once the deduction is successful, NoYell will activate the membership service for the Member for the next billing cycle.
•3.6 If NoYell's service price changes at the time of or before auto-renewal, the current effective price posted on the NoYell platform shall prevail.
•3.7 NoYell does not charge any additional handling fees to Members for activating this Service, but NoYell has the right to decide whether to charge for this Service itself or to adjust the auto-renewal period and fees based on business needs or market changes, and will post announcements to Members on relevant pages.
•3.8 If a Member renews during the membership validity period, the validity period will be extended based on the original service validity period.
•3.9 The Member understands and agrees that the deduction authorization granted by the Member to NoYell shall be deemed as the Member's own recharge action. If this causes any loss to the Member, the Member will not assert any rights against NoYell and its affiliated companies or hold them liable.
4. Term and Termination of Agreement
•4.1 This Agreement takes effect after the Member chooses to accept or use the Service, and terminates when the Member terminates the Service/cancels their membership, unless otherwise announced by NoYell.
•4.2 The Member has the right to choose to terminate this Service at any time in the member account settings. After terminating this Service, NoYell will stop providing the Service to the Member.
•4.3 Auto-renewal deduction instructions that the Member has authorized NoYell to execute before choosing to terminate the Service remain valid. NoYell will not refund fees already deducted based on such instructions, and the Member shall bear the relevant responsibilities and losses.
•4.4 NoYell has the right to suspend or terminate this Service based on its own business adjustments, price changes, or other reasons. If this occurs, NoYell will notify Members via announcement.
5. Liability for Breach of Agreement
•5.1 If one party breaches the agreement, the non-breaching party has the right to obtain compensation or indemnification through the breach resolution methods agreed upon by both parties.
6. Dispute Resolution and Applicable Law
•6.1 NoYell and the Member shall resolve disputes arising during the performance of this Agreement through friendly negotiation. If the dispute cannot be resolved through negotiation, either party has the right to submit the dispute to the People's Court of Yuhuatai District, Nanjing City for litigation. Issues related to the interpretation, validity, and execution of this Agreement shall be governed by the laws of the People's Republic of China.
7. Miscellaneous
•7.1 If the Member has any questions (including inquiries, complaints, etc.) regarding this Agreement or matters related to the use of NoYell's auto-renewal service, please contact NoYell via email at gladtoget@163.com. NoYell will reply to the Member as soon as possible after receiving the Member's comments and suggestions.
•7.2 The headings of this Agreement are for convenience and readability only and do not affect the meaning or interpretation of any provision in the body text.
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