User Agreement
1. Definitions and Interpretations
Except as otherwise provided in this Agreement, the following terms or terms shall have the following definitions:
1.1 This application refers to an online e-commerce service platform operated and managed by spring-cocoon, and which provides networked services for users with real names.
1.2 User: refers to an individual or unit that has passed the real-name authentication review of this application and participated in e-commerce shopping.
2. The application service purpose and the signing entity
2.1 This application is a professional e-commerce platform dedicated to helping consumers realize their purchase needs, and consumers can purchase the products they need in virtual currency on this application.
2.2 In order to protect the legitimate rights and interests of all parties involved, standardize the transaction behavior of users of this application, and maintain the order of this application, the application and the user have reached the following user service agreement (hereinafter referred to as "this agreement") in accordance with the provisions of the Hong Kong Special Administrative Region of the People's Republic of China, and other relevant laws and regulations, in accordance with the principles of equality, voluntariness, and equal remuneration.
3. The entry into force and scope of application of the Agreement
3.1 The content of this Agreement includes the various rules and operating procedures that have been or may be released in the future by the Application and Tohpo. All rules are an integral part of this Agreement and have the same legal effect as the body of the Agreement.
3.2 This Agreement is valid for registering as a certified user of the Application and is effective on the date of agreeing to accept all the terms of this Agreement.
3.3 The Application has the right to modify this Agreement or Tonpo rules and operating procedures from time to time as needed. If there are any changes to this Agreement, the Application will be notified in a public form on the Website without the prior consent of the Users of the Application. The amended Agreement and Rules shall become effective upon publicity and shall become part of this Agreement. If the user of the application continues to log in or use the application, it is deemed to have read and accepted the modified agreement.
3.4 The User of the Application shall exercise its rights and perform its obligations in accordance with this Agreement. If you cannot accept the provisions of this agreement, including but not limited to the failure to accept the revised agreement and various rules, you shall immediately stop using the services provided by the application, and the application shall not bear any losses suffered by the user as a result of such suspension.
4. Rights and Obligations of this Application
4.1 This Application declares and undertakes that it is a limited liability company established and validly existing under the laws of the Hong Kong Special Administrative Region of the People's Republic of China and has all the necessary rights and capabilities to enter into and perform all obligations and responsibilities under this Agreement; This application promises and guarantees responsible management and operation to provide users with high-quality online e-commerce shopping services.
4.2 The Application will conduct a real-name authentication audit of the user and conduct the necessary review of the authenticity of the user's information.
4.3 The Application shall only conduct the necessary review of the legality of the User's identity, and shall be responsible for the authenticity, accuracy and completeness of the information registered through the Application. If the user provides false information or omits material information that affects the normal purchase process of goods, the application reserves the right to assist consumers to pursue responsibility from the relevant responsible party. The Application does not guarantee or guarantee the proceeds and the conclusion of transactions of any nature, nor does it assume any responsibility for any losses.
4.4 The App will take the necessary measures to prevent fraudulent behavior of users. If the user has fraudulent behavior or other behavior that harms the interests of the user, once discovered, the application will promptly announce the fraudulent behavior, and terminate the relevant activities or cancel the user qualification of the relevant responsible person according to the situation;
4.5 The Application will keep the user's trade secrets and privacy, and shall not disclose the foregoing information except for statutory reasons.
5. User Code of Conduct
5.1 The User declares and undertakes that it is a limited liability company/joint-stock limited company/other form of organization or a natural person with full capacity for civil conduct established and validly existing under the laws of the Hong Kong Special Administrative Region of the People's Republic of China, and has all necessary rights and capabilities to enter into and perform all obligations and responsibilities under this Agreement; This Agreement shall be legally binding on the User upon entry into force.
5.2 The user has the right to browse the products in this application, and the user promises and warrants that all information provided or released by the user (including but not limited to the user's basic information, project confidential information, etc.) is true, accurate and complete, in accordance with the laws, regulations and normative documents of China and the relevant rules of the application, there are no false, misleading statements or material omissions, and promises to update, maintain and manage the published information in a timely manner.
5.3 The User shall maintain the normal operation of the Application and its credibility, and shall not carry out acts that are detrimental to the Application, including but not limited to the following acts:
5.3.1 Transmit or publish information or speech that harms the national, societal public interest and involves national security, and shall not initiate or participate in any money laundering projects;
5.3.2 Use this site to engage in illegal and criminal activities such as stealing trade secrets and stealing personal information. Without the written permission of this Application, enter the computer information network system of this Application through channels other than those specified in this Agreement, or use information network resources or services outside the scope of this Agreement;
5.3.3 Delete, modify or add to the data and applications stored, processed or transmitted in the computer information network of the Application without the written permission of the Application;
5.3.4 Engage in acts of unfair competition, disrupt the normal order of online transactions, and engage in acts unrelated to online transactions to deliberately create or spread destructive programs such as computer viruses;
5.3.5 Other acts that endanger the network security of computer information, obstruct the normal operation of this application and Toupo, or damage its credibility;
5.3.6 improperly evaluating other users in a fictitious or distorted manner;
5.3.7 Other acts which we believe are detrimental to the Application.
5.4 Registered users who have passed the real-name authentication of this application have the right to browse and purchase products, publish reviews, inquire about orders or consult stores within their authority. The User undertakes and warrants that his/her account and password in the App will be properly maintained and that he/she will be responsible for all activities and events in his/her login status. If the user becomes aware of any illegal use of his account or a security breach, he or she shall immediately notify the Application and Tobo and take measures to reduce unnecessary losses.
5.5 The User undertakes and warrants that the information provided or published by the User does not exist in the following circumstances:
5.5.1 Violating the provisions of various laws, regulations and normative documents of the Hong Kong Special Administrative Region of the People's Republic of China;
5.5.2 Endangering national security, divulging state secrets, subverting state power, undermining national unity, inciting ethnic hatred or ethnic discrimination, undermining national unity, undermining state religious policies, advocating cults and feudal superstitions, and undermining national honor and interests;
5.5.3 Spreading rumors, containing obscene, pornographic, gambling, violent, homicide, terror, or instigating criminal information, disrupting social order or undermining social stability;
5.5.4 Insulting or slandering others, infringing the intellectual property rights and other legitimate rights and interests of any other third party;
5.5.5 Publish, transmit, disseminate, or store content that infringes on the legitimate rights of others, such as the right to reputation, portrait rights, intellectual property rights, and trade secrets;
5.5.6 Other content prohibited by laws, regulations and normative documents.
5.6 The information posted by the user through the Application that is suspected of violating the law or suspected of infringing the legal rights of others or violating this Agreement has the right to modify, edit or delete such information according to its independent judgment once the Application discovers it, without prior notice to the relevant user. If the user violates the above code of conduct and causes damage to any third party, the user shall independently bear all losses and legal liabilities caused thereby, and shall ensure that the application is exempt from any loss or expense arising therefrom.
5.7 The User undertakes and warrants that the use of the Application Service is at its own risk. It downloads or obtains relevant information through this application product service according to its own needs, and it shall bear the system damage, data loss and any other risks.
5.8 The User undertakes and warrants that if it violates the above commitments and warranties and causes losses to the Application and Tobo, the User shall be liable for the losses suffered by the User.
6. Termination of Agreement and Dispute Resolution
6.1 The App shall have the right to suspend or terminate the performance of its obligations under this Agreement, in whole or in part, without any liability and without the user's consent in any of the following circumstances:
6.1.1 The user's behavior violates laws, regulations, regulatory policies or other provisions;
6.1.2 The User's behavior will cause or may cause significant risks to the operation of the Application;
6.1.3 There is or may be a risk that the User's behavior will obviously endanger the interests of other Users;
6.1.4 The User cannot continue to accept the services of the Application due to reasons that are not attributable to the Application.
6.2 If the termination of any agreement or rule signed by the User with the Application online or offline makes it impossible to achieve the purpose of the User Agreement, this Agreement will be terminated at the same time. For the termination of the relevant rules of this Agreement due to reasons that cannot be attributed to the Application, the User must be fully and independently liable for any compensation and liability arising from the actions before the termination of the Agreement.
6.3 The termination of this Agreement shall not affect the validity of the legal relationship that has occurred before the termination of this Agreement.
6.4 The formulation, interpretation and resolution of objections arising in the course of its implementation or related to this Agreement shall be subject to the laws, regulations and normative documents currently in force of the Hong Kong Special Administrative Region of the People's Republic of China. In the course of the execution of this Agreement, if any dispute arose in connection with this Agreement, the parties shall try their best to resolve it through consultation in a spirit of friendly consultation; If the two parties cannot resolve it through consultation within 30 days or either party does not agree to resolve it through consultation, either party has the right to submit the dispute to the People's Court of Daya Bay Economic Development Zone in Huizhou City for settlement through litigation. In the course of the proceedings, this Agreement shall continue unless in dispute.
7. Confidentiality
Either party to the agreement shall be under the same obligation of confidentiality as the confidential information of the other party obtained pursuant to this agreement (including but not limited to the technical secrets, trade secrets, management information, resources, investor registration materials and other basic information of the Application and Tofubao) and the confidentiality matters involved in this agreement. Without the permission of both parties to the agreement, the relevant information and materials shall not be disclosed to a third party (except for the fulfillment of necessary information disclosure obligations in accordance with the requirements of law). If the breach of this confidentiality obligation causes economic losses to the other party, the breaching party shall compensate.
8. Force Majeure
8.1 If an event unforeseeable, uncontrollable and unavoidable by either party results in the failure of either party or parties to perform its contractual obligations, that obligation shall be suspended in the event of force majeure and the period of performance of the obligation shall automatically be extended without penalty for the suspension period.
8.2 One or both parties experiencing Force Majeure shall provide the other party with appropriate proof of the occurrence of Force Majeure and its duration within ten days of the occurrence of the Force Majeure Event and shall use its best efforts to terminate the Force Majeure Event or reduce its effects.
8.3 If the Application is unable to operate properly and you cannot use the Application Platform Services, the Application shall not be liable for damages, including but not limited to:
8.3.1 During system downtime and maintenance of the Application;
8.3.2 The telecommunications and communication equipment on which the Application depends fails;
8.3.3 Due to typhoons, earthquakes, tsunamis, floods, power outages, wars, terrorist attacks and other force majeure factors, the system obstacles of the application platform are caused;
8.3.4 Interruption, delay or inability to provide the Service due to hacker attacks, technical adjustments or malfunctions of the telecommunications sector, website upgrades, problems with other third parties, etc.;
8.3.5 System updates, maintenance, service interruptions, delays or inability to provide due to the requirements of government departments, laws and regulations, etc. issued from time to time in regulatory documents.
9. Supplementary Provisions
9.1 The User shall not transfer all or part of his rights and obligations under this Agreement to any third party unless he or she has obtained the written consent of the Application.
9.2 The failure or delay of either party in exercising and/or enjoying its rights and/or benefits under this Agreement shall not be deemed a waiver of such rights and/or benefits and the partial exercise of such rights and/or interests shall not preclude the future exercise of such rights and/or benefits.
9.3 If some provisions of this Agreement are invalid, revoked or terminated, the validity of the other provisions shall not affect, and the other provisions shall remain valid.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People's Republic of China.