1.1. These general business conditions (hereinafter called “GTC”) apply to all Services and the entire course of business in frame of the offer of QMDJ over the online platform www.qmdj.biz. The GTC regulate the contractual relationship between the QMDJ and the Users of the Services (hereinafter called “User”). The QMDJ provides its Services exclusively on the basis of this GTC. The GTC are anytime accessible to the User and can be recalled or stored in a valid form from the www.qmdj.biz.
1.2. These General Terms and Conditions of Business shall be exclusively applicable; QMDJ will not acknowledge any adverse provisions or any customer’s provisions deviating from the own GTCs, unless QMDJ accepted these other provisions expressly in writing. These GTC of QMDJ shall apply also in the event that we perform supply to our customer with knowledge of any customer’s provisions adverse to or deviating from our GTCs, but the supply taking place without caveat.
1.3. QMDJ will inform the User of any changes on the GTC. The User has the possibility to contradict the changes within four weeks. If the User does not contradict that changes this counts as an agreement.
2.1. QMDJ offers the Users through the online platform www.qmdj.biz different types of Service, particularly the creation and display of mathematical charts that are time and cycle projections. So the User can inform himself on the basis of the multimedia contents to this subject as well as retrieve and order individualized contents, products or Services. However, the User does not receives by its order any claim or right of accessibility or appropriation of the Services of QMDJ.
2.2. QMDJ keeps always the right of change entirely or partially the selection of products and services that offers, including also exclusion of items. The Services of QMDJ are placed at the disposal within the frame of the technical and operational possibilities. In cases of maintenance or development works it might come to the case that applications can be temporary restricted, interrupted or suspended. In these cases there is no right of compensation or claim. QMDJ expressly reserves the right to claims.
2.3. QMDJ reserves always the right of excluding Users acting against the GTC, Users that misusing the online Platform procure themselves advantages in a illegitimated way — this includes any behaviour of the Users that could disturb the principles of fairness and equality of opportunity between the members of the community or the normal activity of the online Platform. Further QMDJ reserves itself the right to exclude Users and/or its communications or comments, in cases when they include remarks that result offensive, defamatory, insulting, threatening, obscene, pornographic or in any other way illegal or against the good customs.
2.4. The contents offered on the website www.qmdj.biz might possibly not correspond under circumstances acknowledged scientific methods. All the contents shown in the webpage www.qmdj.biz are our own opinions and they represents no instructions for solutions of problem neither in the business nor in the private area. Success is definitely not to be expected in solutions of problems of this type.
3.1. The utilisation of the Services on the website www.qmdj.biz sets the registration as a member ahead (hereinafter called “Membership”). The membership is a fee-based service. Through the registration it is established the contract of Use (hereinafter called “Contract of Use”) of the website www.qmdj.biz between QMDJ and the Member. There is no claim of conclusion of a Contract of Use.
3.2. The utilization of the Service is exclusively allowed to full age and sui juris people.
3.3. The User is obligated to fulfil the requested data completely and by compulsory truth, to hold the registration data permanently on the current state and to be registered only once. Multiple registrations are inadmissible. A negligent infringement leads out to the immediate expulsion of QMDJ.
3.4. The User is to provide valid dank data or valid credit card number, or as far as QMDJ allows further payment methods, to deliver the respectively required information for this payment method.
3.5. The registration of a juristic person is only possible through registration of the name of natural person representative in charge. Only individual persons can be indicated as a proprietor of the Member Account (i.e. there is no registration of married couples or families).
3.6. QMDJ never gives the password of a member to a third person nor asks a member about its password per e-mail or telephone.
3.7. A Member Account is not transferable.
3.8. QMDJ reserves itself the right to delete Member Accounts of uncompleted registrations.
4.1. Our offers are subject to change without notice. With its order, the buyer confirms bindingly that wants to acquire the access to the offered Services of QMDJ on the websites www.qmdj.biz. QMDJ will inform immediately the buyer about the reception of his order, but this confirmation represents no binding acceptance of the order. This confirmation of reception can be connected however with the acceptance of the order.
4.2. The conclusion of the contract between the buyer and QMDJ, is considered by the written acceptance of the contract offer through QMDJ by the very use of the Online identifying information of access (User name and password).
5.1. The membership fee is charged annually. The amount of the annual membership fee is retrievable on the websites www.qmdj.biz.
5.2. The prices for the access to the contents result from the respectively current price list and are retrievable on the website www.qmdj.biz. These prices are determined by QMDJ. The indicated prices for the access of contents are net prices plus the respectively valid value-added tax (19%).
5.3. The use of the Online platform and all the its contents that are ruled by the Contract of Use are based on accordance with the respectively up-to-date valid price list. By the first access to these contents the Member is already due of payment of the respectively price communicated online. QMDJ follows a detailed register of the access to contents that are fee-based and must be payed by the Members. Start credit bonus and bonus coupons might be deduced from costs that the buyer has to pay.
5.4. According to the conditions arranged by the contract (point 3.) the member receives the bill for payment the respective amount for access to the ordered contents. The payment becomes due immediately. As far as no other payment manner has been arranged, the payment results per credit card or PayPal. For return debit notes there is an administration fee of 10 EUR and for Charge Backs is 50 EUR.
5.5. Price changes by the Contract of Use must be announced to the customer. The new conditions are to be applied by the renewal of the yearly contract.
5.6. QMDJ reserves the rights to use the services of external providers for executions of payments (e.g. Debt collection enterprises) as well as for the support of the technical platform.
6.1. Visitors and/or Users of this webpage of other countries as the Federal Republic of Germany are obligated to inform themselves about the necessity of permission or admissibility of the offers on the websites www.qmdj.biz and correspondingly to comply with valid restrictions of the countries from they are accessing and follow them.
6.2. The member, within the frame of the contract and the following determinations, receives, for the utilisation of the online Service, the simple right of Use that runs temporary over the time of the contract and it is not transferable to third parties. The right of use is no way an acquisition right of the contents, which is completely excluded.
6.3. The access data conferred to the member (User name and password) allow an individual access to the named Services.
6.4. The offered Services are exclusively only for the personal use of the registered Users. Any type of commercial use, especially the licensing, transmitting or selling of the Services is prohibited. Furthermore copying, reproducing, transmitting and changing, single contents or the entire web page, as well as the creation with this material any further works are strictly forbidden.
6.5. Through the ordered access to fee-based Services the Member is to pay the expenses. In case of illegitimate use, e.g. a collective Use, the representative User is also to pay the expenses of the fees for all members of that collective as a compensation.
6.6. The online Services are continuously placed at the disposal of the Member. The availability of the Online Service, however can be restricted in accordance with point 2.2. for technical reasons.
6.7. The access data conferred by QMDJ (User name and password) are to be protected from the access of third persons and this abuse must be prevented. QMDJ must be informed written or per e-mail communication in case of suspicion of illegitimate or fraudulent use. By abuse, QMDJ is entitled to block the access, the Member is the legal responsible and must face the accusation of abuse.
6.8. The connection to Internet in order to Use the Online Services and the resulting cost, as well as technical prerequisites and telecommunication expenses, are costs exclusively from the member.
6.9. The customer is responsible of the technical prerequisites that allow the access to the online Services, especially concerning the used hardware, the operative system, software, the connection to Internet and the browser software.
7.1. The duration of the membership (Contract of Use) is 12 months.
7.2. The contract can be cancelled by the end of the period of the Contract of Use. This Contract of Use and the membership will be automatically prolonged a further year, if there is no contrary communication from the User. The cancellation must proceed before the last week of the current period of Contract, and should be written or per e-mail.
7.3. QMDJ can cancel the Contract of Use of the website www.qmdj.biz under compliance of a time period of a week. In cases of improper or illegitimate use of the offered Services, by reasonable suspicion, Users can be excluded of the right of access and Use of the Services and/or their Data blocked or deleted. Here QMDJ reserves the rights of dismissal with immediate effect and cancellation of the contract without compliance of any period of time.
7.4. For the membership and/or for the registration as a member are valid the following revocations rights and consequences:
Right to revoke
They can revoke its contract within two weeks without statements of reasons in text form (e.g. letter, fax or e-mail). The time period begins by the moment of registration. The protection of the revocation time period is warranted by the sending on time of the revocation. The revocation is to be send:
QMDJ, Haspelgasse, 1, 69117 Heidelberg
Revocation consequences and Refund Policy
In the case an effective revocation, the complete Users Data will be deleted. Beginning from the first use of the based-fee services, the member is obliged to make payment of annual membership fee. Only in the cases where the Member has still not used the right of use of the services offered online, then it might be possible a refund of the annual membership fee.
8.1. QMDJ deals seriously with the protection of people privacy and confidential data, so that the respect of privacy of all Users can be warranted. QMDJ deals with personal data of the Users as ruled by the German federal law of data protection (BDSG) and the Telemedia law (TMG).
8.2. QMDJ may process, use and store all registration data as far as this is required for the Services that QMDJ offers the User. Especially takes place the storage of data provided by the registration (Inventory Data) as well as the data emerging from the use of the fee-based Services (Register of Movements Data). The data recorded by QMDJ are stored on a server and deleted by termination of the membership.
8.3. QMDJ can use the services of third parties in order to assure the execution of the Services, the fulfilment of the present contract and the execution of this GTC. According to this, the assigned third parties in charge are entitled to the storage and transmission of Data to cooperation partners in order to fulfil the services.
8.4. The User will be informed before an enquiry of its data about the type, ambits, place and purpose of the enquiry, as well as the function and type of process that required data fulfil in compliance with execution of the contract. Through the corresponding use the User confirms his Data and confers QMDJ the permission of the storage and contacting.
8.5. Excluded hereof are anonymous User profiles (Log files).
8.6. By the visit of the website www.qmdj.biz it might be possible that information in form of “Cookies” is discarded on the computer. Cookies permit for example to adapt a website to the interests of the visitors or to store its date of birth so that it saves the input each time. In case that it is not wished the automatically recognition of the computer by the websites www.qmdj.biz, the own Internet browser can be adjusted so that it deletes cookies of the computer hard disk, blocks all cookies or warns the Visitor of the websites before a cookie is stored.
8.7. QMDJ is authorised to transmit both Inventory Data as well as Register of Movements Data at Law Enforcing Authorities as far as this is necessary to the pursuit or clarification of a possible criminal offence, a delict or a serious infringement.
9.1. All copyright protected trademarks and products named within offered Services and at the platform of QMDJ, as well as all written and graphic contents and charts of the web page, are subject unrestrictedly to both the determinations of the corresponding valid Copyright and Trademark Law and the possession of the respectively registered owners and/or legal owner of copyright.
9.2. All texts are through the international copyright protected and remain in the intellectual property of the authors Peng Ailong 彭艾龍, Alexey Skoblikov, Zhong Yiming and the Ailong Global Trade.
9.3. All rights at the contents and the editorial products, especially the right on copy, distribution or translation, also in parts, remain specific reserved to QMDJ. No part of these contents of the Internet- presence or the products (like texts, music, video, Streams or pictures) may be reproduced nor transmitted into another form or language without prior written approval of QMDJ. Especially it is forbidden to represent contents or parts of these contents on other WebPages or to use of this for seminar materials, independently in which form it might be converted (e.g. digitally, press etc.).
9.4. The User (the member) is allowed only to make use of the results of its investigation for his own use. This includes the right to store the found result for the own post processing, as well as to overtake single contents or parts hereof into own documents. Any further utilization going out from these two points is excluded in accordance with point 9.3 and requires a separate written agreement with QMDJ.
9.5. These duties named under 9.3. and 9.4. they expire after the termination of the Contract of Use.
9.6. Any illegal use of information, contents, graphic arts, charts or writing, in any physical or digital manner, violating the points from 9.1 to 9.4 will be legally prosecuted.
9.7. When the User is interested in a reproduction or another type of the publication of a material, he can submit QMDJ a proposal on bestowing of a person bound license. The bestowing of the license through QMDJ results always in individual case.
10.1. This Internet offer is determined for the zone of the Federal Republic of Germany and is generated on the basis of the German legal system. Moreover, the information and services contained on this webpage shall be placed exclusively at disposal of people that herewith do not violate the applicable law of their countries. QMDJ assumes no liability for the fact that its Internet offer can suit users from other countries where it is applicable and legally is allowable.
10.2. QMDJ assumes no liability for the information and the contents that can be accessed through the offered Service. QMDJ assumes no liability for the non-paid retrievable contents. Especially QMDJ cannot be held liable for any possible damage or problem derived from the user’s own interpretation of the information.
10.3. Only compensation claims that are based upon an intentionally and/or through gross negligence caused violation of the Contract of Use done by QMDJ or its colleagues, might be contemplated. Any other compensation claims are excluded.
As far as damage is based upon delay or impossibility of performance of the service and QMDJ or its colleagues do not get into coarse debt, only replacement of the direct damage is owed.
10.4. The use of the Service results by the own responsibility of the User. Therefore any liability of defects is excluded, when there is a deficiency based upon circumstances for which the User is accountable, especially by operating errors and by injures of the cooperation duty of the User in accordance with point 6 of this GTC. Especially QMDJ cannot be held liable for any possible data loss or for interferences, errors, delays and hindrances in the transmission of contents over the Internet.
10.5. The extensive use of fee-based Services might lead to higher final expenses that the User has to pay.
10.6. The contents presented on the website www.qmdj.biz should serve interested people as an information source. QMDJ is striven always to represent all allocated information in substance correctly and if possible up-to-date. However, a liability relating to this is excluded.
10.7. QMDJ cannot be held as liable for relevance, correctness, totality or quality of the allocated information. Liability claims to QMDJ, which refer to material or non-material type of damages that might be caused by the utilization or not-utilization of the offered contents and/or through the utilization of defective and/or incomplete contents, are excluded as far as QMDJ did not act intentionally or coarsely negligent.
10.8. The offered Services, especially the mathematical models, are not thought for the trade with shares, option certificate, certificates or any other trade stocks. As far as these models are used nevertheless for this, QMDJ warns on this point that this can lead to a total loss of the invested money. QMDJ cannot be held as liable, especially for escaped profit or for total loss. This kind of liability is basically completely excluded. The member acts so far on own danger.
10.9. The Services offered by QMDJ are not conceived especially neither for the application in military nor political strategies, nor legal disputes, nor for business strategies. There are excluded any conceptions of use that might infer damages to third parties. If the offered Service nevertheless come to be used here for, the member acts on own danger and is regarded as an abuse of the Service, with the consequences of cancellation of the membership. QMDJ can absolutely not be held as liable for that.
10.10. QMDJ protects with technical means the data stored on the server from the access of thirds. In case that despite of all seized technical measures third people could possibly achieve an access to these protected data, QMDJ could not be held as liable for that. QMDJ will adopt all measures in this case in order to rake the responsible to the coals.
10.11. QMDJ is not responsible for the contents and the products of other external websites. QMDJ could not be held as liable for any external links, their contents or the Service and products offered there. For illegality, mistake, misleading or incomplete contents, services or products of thirds and especially for all material or non-material damages that might be originated from the utilization or not utilization of the offered information, services or products of that third parties, the liability shall be held by the operator of the website.
11.1. The User is held as liable for the improper use of the Services, violations of this GTC or the contractual duties so far he is accountable.
11.2. The User sets QMDJ free of all claims of third party liability, so that QMDJ cannot be held as liable for any claim done by third people who might presume to have received any legal infraction or right violation from a User who might be accountable and might try to bring up a relationship between the behaviour of the User and this contract. The User carries on its own the responsibility of its actions and is to deal by his own with the consequences and the possible expenses of his legal defence. QMDJ request explicitly the User to ward QMDJ off against claims of thirds, and the User is due of payment the expenses of the claims of thirds.
12.1. The law of the Federal Republic of Germany shall govern the business relationship, UN sales law shall be excluded.
12.2. For all disputes among the parties arising out of and in relation to the Services of QMDJ, when the User is a Businessman and in cases where the User has no general jurisdiction in Germany, by mutual agreement of both parties define Frankfurt (at the Main) as the place of jurisdiction and place of performance. The same is valid to complaints against a customer, that after the contract has expired he has changed the residence, has migrated to a different country or a person whose residence is unknown by the moment claiming.
12.3. For members, who are consumers, a jurisdiction exists at the respective residence of the member. For all disputes emerging out of this Contract of Use and this GTC, additional jurisdiction is for consumer with residence in Germany Frankfurt.
12.4. Should any of the provisions of the GTC’s be ineffective or void in part or in whole, this do not affect the effectiveness of the remaining provisions. At the place of the ineffectual provision, it comes the closest provision in the frame of the legal possibilities of the intended regulation.
Heidelberg, the 09.02.2011, QMDJ