82EC service Agreement
Welcome to Minicky Company (82EC) Service Agreement (this “Agreement”). This agreement sets forth the terms and conditions of the 82EC (the ”Service”), in the range between global trade and corporate communication tools and services offered. Use of the Service indicates that you know accept the terms and conditions set forth below.
1.1 Use of the Service indicates that you know and accept the terms and conditions set forth below.
1.2 82EC may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Your continued use of the Service shall be deemed to be acceptance of the amended Agreement. If you refuse the new Agreement, you should give up the Service immediately.
1.3 82EC further reserves the right to introduce new features, functionalities or applications to the Service or to future versions of the Service. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by 82EC.
2.1 ”User” refers to individuals or institutions who accord the conditions stipulated in this Agreement, accept the rules and terms of 82EC (including, but not limited to this Agreement), and use the Service.
2.2 ”Suplier” refers to the user who posts product information on 82EC. “Buyer” refers to the user who need to purchases products on 82EC.
2.3 “Traded” refers to “According the supplier's request, buyer made the best trading conditions within a specific time and thus obtain the right to buy the items in the best trading conditions”.
3. User qualification
The user shall be available to someone who accord any of following conditions:
a) a aged 18 or above natural with civil rights and civil capacity;
b) a aged under 18 natural with a written consent by guardian (including, but not limited to parents);
c) legally existing companies, enterprises, associations and other organizations.
Those who do not accord above conditions, 82EC can stop their service and pursue their legal responsibility.
4. About 82EC platform
82EC is a web-based platform exchanging information between suppliers and buyers of products and service. 82EC does not represent the buyer nor the supplier in specific transactions and does not charge any commissions from completing any transactions. So 82EC makes no responsibility for the lost during the transactions caused by the quality, safety and legality of goods or truthfulness.
82EC provide free service for users unless you ask value-added services. The price of value-added services(the “price”) is announced on 82EC. 82EC further reserves the right to amend the price. The amended and restated price shall be effective immediately upon posting.
a) 82EC makes no responsibility for your cost of hardware and software , tax, telecommunications, network and other costs.
b) 82EC further reserves the right to amend or stop some or all services (Temporarily or permanently) at any time.
6. User’s rights and obligations
“User Information” includes all information(involve data, text, software, music, sound, photo, picture, video, words, and others) provided to 82EC or other users during your registration, transaction or process listed items in any public forum or through any e-mail form. You should make sole responsibility for User Information, and 82EC is a web-site showcase. If there is some information may lead to legal or moral obligation, 82EC may at its sole discretion to take any necessary or appropriate action ( including, but not limited to delete such information). You should as well warrant you own all rights of the User Information such as copyright. You must confirm the User Information that 82EC should protected. As a result, 82EC makes no responsibility to unprotected User Information that may be used by other users.
6.1. Registration information
It indicates you agree following terms if you register 82EC:
a) according to Member Information requirements of 82EC, you should provide true, accurate, complete and recent information of you or your company;
b) please update the information to keep it true, accurate, complete and reflect current situation.
If you provide any false, inaccurate, incomplete or not reflect the current situation of information, 82EC may frozen your account and stop your service; As well as the account reasonable doubt. If you represent a company or other legal entity to registered in 82EC, you must warrant that you further reserve the right that the company or other legal entity is subjected by this Agreement.
6.2 Registered user name , password and secrecy
After your Registration, you were a 82EC user (also known as a user or a member). You must take good care of register name and password, you also need to make responsibility to all the activities(including but not limited to release user information, online trading or click to submit all kinds of rules, agreement ,purchase services, etc).
a) If their is any unauthorized use of your account, you'll immediately notice 82EC;
b) Make ensure your leaving in a right way. Each User hereby agrees that 82EC shall not be liable for any loss or damages arising from the User's failure to comply with these paragraph.
You must understand that 82EC needs a reasonable time to take action of your notice, so 82ECmakes no responsibility to the consequences (including but not limited to any of your loses)before taking action.
6.3 About rules of User Information
Each user hereby represents, warrants and agrees that User Information and goods (the “Items”, refers to all available transactions, tangible or intangible, exist in various forms, such as right, interest, notes, securities, service, behavior, etc. All ”goods” mentioned in this agreement is Inclusive of the meaning ) you provide on 82EC shall not:
a) contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales;
b) infringe any third party's property, copyright, patents, trademarks, trade secrets or other proprietary right or rights of publicity and privacy or other legitimate rights;
c) violate any applicable law, statute, ordinance or regulation (including but not limited to those governing export control, trade quotas, consumer protection, unfair competition, anti-discrimination or false advertising);
d) contain information that is defamatory(including business defamation) s, unlawfully threatening or unlawfully harassing;
e) contain information that is obscene or contain any pornography or sex-related merchandising harmful to minors;
f) involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
h) use the service to send chain letters, random letters and other non-normal uses;
i) use the service to collect e-mail address and other information without agreement;
j) use the service to mislead others on identity and source of information.
6.4 Proscribed items
These items may not be published and traded on 82EC:
(a)items that may violate any applicable law, statute, ordinance or regulation;
(b)items that 82EC consider to be banned or unsuitable for 82EC transactions;
(c)items that in violation of intellectual property rights or other rights.
6.5 Rights and obligations
(1) According this agreement and rules announced by 82EC and through 82EC, Users can:
a) post purchasing information;
b) post supply Information;
c) see and search information ;
d) purchase Products;
f) contracted with the other User;
g) participate in activities and other service provided by 82EC.
(2) Users are obliged to ensure that purchasing information and supply Information you post on 82EC is true, accurate and not misleading.
(3) Users may not publish all kinds of illegal or irregularities information, including but not limited to product information, purchasing information, business pages, transaction information, store messages, comment, etc.
(4) Users shall comply with the principles of good faith, shall not interfere with or manipulate prices and other unfair competition means that disrupt orderly manner of online transactions, shall not shall not post any illegal information on the platform.
(5) Users shall not take unfair means (including, but not limited to bogus transactions, mutual evaluation, etc.) to improve their credibility, shall not take improper means to evaluate other users of malicious and reducing other users’ credibility.
(6) Each user hereby represents and warrants that all of your actions on 82EC shall not break law, violate rules posted on 82EC and violate public interests or morals. Otherwise, the user should solely undertake corresponding legal responsibility.
(7) If there is a transaction dispute on 82EC, 82EC may help to coordinate if is requested. Each user is entitled to related materials provided by 82EC through the judiciary if their a lawsuit about transaction on 82EC.
(8) Users should solely bear the expenses arising from transactions, and paying taxes.
(9) Without written permission, users shall not copy, modify, translate and use other ways to make use of information owned by 82EC
(10) Each user agrees to receive information from 82EC, including but not limited to activities information, transaction information, promotional information, announcements, etc.
(11) Users can report any violations of law and this Agreement to 82EC.
7. 82EC rights and obligations
7.1 82EC is a web-based platform exchanging information between suppliers and buyers of products and service nor a buyer and supplier’s agent, partner, employer and business related parties. Items posted on 82EC are owned by users nor 82EC. 82EC does not participate in the bidding process , is not obliged to monitor or control users’ actions on 82EC, does not participate in the transaction process(including, but not limited to transportation, payment, refunds, warranties and other transactions). As a result, 82EC shall make no responsibility for quality, security and legality of Items; And 82EC shall not ensure if the supplier or buyer can fulfill the transaction agreement.
7.2 a) 82EC is obliged to make a response to matters reflected in time.
b) 82EC is obliged to make 82EC running normally as best as it can; make its best effort to avoid interruptions or shorten interruption time.
c) 82EC have the right to inspect users’ registration information. If there is doubtful information, 82EC may notice the user for an explanation, an modification or take actions( delete) directly.
d) 82EC will actively cooperate with the judiciary if their a lawsuit about transaction on 82EC. If 82EC asked to coordinate a dispute case , 82EC can grasp the case through Email and phone, and make both sides know what 82EC finds.
7.3 Each user acknowledges and agrees that 82EC shall not be required to actively investigate registration information, all transactions and others in advance. But 82EC have right to limit the user’s activities, check the information, send a warming notice, stop his service temporarily or indefinitely in following cases:
a) violate this Agreement and document mentioned in this Agreement;
b)considered to have illegal or improper conducts through relevant evidence provided by others, and also unable to connect with;
c) considered to be property damage or legal liability obviously(in a non-professional perspective way) through relevant evidence provided by others;
d) fraudulent transactions is exist through initial judgment;
7.4 If there is any violations of law and this Agreement, 82EC has the right to announce users’ violations of law and this Agreement and improper conducts(as follows) on the web, delete related postings without users’ permission:
a) including but not limited to avoid cost in purpose;
b) fraudulent information or bogus content;
c) nothing to do with online transactions;
d) malicious bidding or disrupt orderly manner of online transactions;
e)may violate public interests or morals; may violate other users’ rights and interests.
8. Service interruption and termination
8.1 In the case of no service fees, 82EC may at its sole discretion to stop the Service and no longer store the Information (including but not limited to personal information, product information, purchasing information, traded information, etc) for any reason (including but not limited to breaking agreement, or not logged more than 180 day, etc.) Meanwhile 82EC may at its sole discretion to stop the service with or without notice.
82EC shall not be required to retain the information nor send unread information to users or any third party additionally if service terminated. In addition, 82EC makes no responsibility for the service termination.
8.2 Each user can cancel his own registered account and release agreement between user and 82EC with 82EC permission, but 82EC reserves following rights:
a) retain the User Information, including but not limited to personal information, product information, purchasing information, traded information, etc;
b) further reserve the right in this Agreement if there is any violations of law and this Agreement before account cancellation.
8.3 82EC may stop the service by cancelling the account in following situations:
a) violations of this Agreement. 82EC will notice the user if his service will be terminated. While the termination, 82EC can unilaterally terminate the service if the user directly or indirectly registers 82EC once again.
b) most of the registration information is bogus.
c) you refuse to accept the new Agreement.
d) violations of 82EC’s other service rules.
8.4 If a termination due to violations of this Agreement and relevant laws and other reasons, the transactions before the termination will be handled in accordance with the following principles:
a) 82EC has the right to decide whether to send any untreated information or unfinished service to the transaction relevant parties, including but not limited to interested users, participating users, user had made a deal.
b) while the termination, 82EC has the right to delete items’ relevant information even though the transaction has not been completed yet.
c) while the termination, 82EC has the right to delete the user’s information of the deal even though the transaction has not been completed yet.
8.5 If 82EC infringe the rights of third parties or violate the regulations due to the user’s behavior(including but not limited to personal information, supplied items, purchasing information, sent messages, etc) and then required recourse fund by third parties and be penalized by authorities, the user shall indemnify all losses and expenses of 82EC. 82EC is entitled to terminate the user's service if the user is seriously in violation of relevant laws and this Agreement.
9. 82EC’s scope of responsibility
9.1 When accepting this Agreement, each User hereby acknowledges and agrees that: each user should solely considers risks and decides whether download the data through 82EC. Meanwhile each user shall solely take responsibility to damage and lost due to downloading.
9.2 82EC does not ensure the advice and information online. 82EC shall make no responsibility(direct, indirect, incidental, special, consequential or punitive damages) to losses of profits, goodwill, use, data and other intangible losses(even if 82EC has been advised of the preceding compensation possibilities):
a) use or can not use 82EC;
b) costs during transaction, including but not limited to purchasing, service fees, etc;
c) third party’s statement or conduct on 82EC;
d) other business related matters.
9.3 82EC is a transaction platform for User. 82EC.82EC shall make no responsibility for quality, security and legality of Items; And 82EC shall not ensure if the supplier or buyer can fulfill the transaction agreement. As a result, 82EC makes no responsibility to any satisfaction or reparation caused by purchasing and using 82EC.
10. About the platform
10.1 Each user shall not manipulate transactions
Each user hereby agrees that you shall not use 82EC to deceive others and shall not manipulate results of negotiations.
10.2 Of system integrity
Each user agrees that you shall not use any equipment, software and program to interfere or attempt to interfere 82EC’s normal running and any transactions on 82EC.Each use shall not take any action to imposed unreasonable or disproportionate load on 82EC.
Each user shall not take actions to disrupt the feedback system whether positive or not.
10.4 Non- commercial use
Each user agrees that any information shall not be commercial use, including but not limited to use any information on 82EC for commercial purposes without 82EC’s written consent.
In any of following situations, 82EC can immediately warn about temporarily suspend or permanently terminate your account and delete any information posted on 82EC:
a) violate of this Agreement;
c) considered to be legal liability.
12. Links to Other Sites
82EC contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by 82EC of the contents on such third-party web sites. 82EC is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites.
Unless explicitly statement, all of notices shall be sent by e-mail(82EC’s e-mail address: firstname.lastname@example.org; your e-mail address: you provided when you registered 82EC). The notice shall be deemed to have be served after twenty-four (24) hours.
14. Irresistible factors
Under no circumstances shall 82EC be held liable for an delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control ( including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties ).
15. Applicability of Laws
15.1 This Agreement is in compliance with the interpretations of the laws of The People’s Republic of China and both users and 82EC agree to be subject to the rules of the laws of the People’s Republic of China. Should there be a contradiction between the service provisions of 82EC and the laws of the People’s Republic of China, the provisions shall be interpreted according to the specification of the laws and other provisions shall still have legal binding force and influence on the user.
15.2 If there are different interpretations regarding this agreement, they shall be settled by the two sides through friendly consultations. If they fail to reach an agreement, either party may apply to a party at People’s Court of Yuexiu District, Guangzhou.
15.3 82EC's interpretation shall prevail(in case there are different interpretations regarding this agreement).