Welcome “you” (hereinafter referred to as “user”) and “Sino-European Procurement Platform (Chengdu) Internet Technology Co., Ltd.” (hereinafter referred to as “Sino-European Procurement Platform”) to sign this Agreement on terms of service of Sino-European Procurement Platform (hereinafter referred to as the “Agreement”). The terms and conditions set forth in this Agreement are applicable to various services provided to you by Sino-European Procurement Platform based on the Internet, including the websites, client-sides and new service forms emerging in the future technology development.
1. Acceptance of agreement
1.1 The content of this agreement includes the text of Agreement and all rules that have been published or may be published in the future by Sino-European Procurement Platforms and notified by reasonable means. All rules are an integral part of the agreement and have the same legal effect as the text of the agreement.
1.2 You should read this Agreement carefully before clicking agree to this agreement. Please carefully read and fully understand the contents of each clause, especially the clauses of exemption or limitation of liability, applicable laws and dispute settlement clauses. The clauses of exemption or limitation of liability will be marked with bold underline and you should read them carefully. If you have any questions about the agreement, you can log in the platform service center to consult with the customer service department of Sino-European Procurement Platform.
1.3 When you fill in the information, read and agree to this Agreement and complete all the registration procedures according to the prompts on the registration page, or enter the website of Sino-European Procurement Platform in any way and use the service, you have fully read, understood and agreed to accept the terms and conditions of this agreement. In the course of reading this agreement, if you do not agree with this agreement or any of its terms, you should immediately stop the registration process and stop using the service.
2. Definition
2.1 Website of Sino-European Procurement Platform: It refers to the online information publishing and trading platform for business to business (B-to-B) sponsored and operated by Sino-European Procurement Platform, including the website of Sino-European Procurement Platform (the domain name involved is sinoeuprocurement.com, the same below) and the client-side.
2.2 Sino-European Procurement Platform: It refers to “Sino-European Procurement Platform (Chengdu) Internet Technology Co., Ltd.” which is the operator of the website of Sino-European Procurement Platform.
2.3 Sino-European Procurement Platform services: It refers to the services (hereinafter referred to as “services”) provided to you by Sino-European Procurement Platform based on the Internet in various forms, including the websites, clients, and new service forms emerging in the future technology development.
3. Scope of agreement
3.1 Signing body
This agreement is jointly concluded by you and Sino-European Procurement Platform, and has the same contract effect for you and Sino-European Procurement Platform.
3.2 Supplementary agreement
Due to the rapid development of the Internet, the terms listed in this agreement signed by you and the Sino-European Procurement Platform cannot fully list and cover all the rights and obligations of you and the Sino-European Procurement Platform, and the existing agreements cannot guarantee to fully meet the needs of future development. Therefore, the legal statement and privacy policy of Sino-European Procurement Platform are supplementary agreements to this agreement, which are inseparable and have the same legal effect. If you use the services of Sino-European Procurement Platform, you are deemed to agree to the above supplementary agreement.
4. Account registration and use
4.1 User qualification
4.1.1 You confirm that when you complete the registration process or use the service in the way allowed by Sino-European Procurement Platforms, you should have the civil capacity that is applicable to your behavior as stipulated by the laws of the People’s Republic of China. If you do not have the above-mentioned civil capacity suitable for your conduct, you and your guardian shall bear the corresponding consequences in accordance with the law, and the Sino-European Procurement Platform has the right to terminate the service provided to you and cancel your account. If you register on behalf of a company or other legal entity on the website of Sino-European Procurement Platform, you represent and warrant that you have the right to bind the company or legal entity to this agreement.
4.1.2 In addition, you need to ensure that you are not the subject of trade restrictions, sanctions or other legal and rule restrictions imposed by any country, international organization or region, otherwise you may not be able to register and use the service normally.
4.2 Account registration
4.2.1 You are bound by this agreement when you fill in the information, read and agree to this agreement and complete all the registration procedures according to the prompts on the registration page, or when you fill in the information, read and agree to this agreement and complete all the activation procedures according to the prompts on the activation page, or when you actually use the services of Sino-European Procurement Platform in the way allowed by Sino-European Procurement Platforms. You can use the email address, mobile phone number you provided or confirmed or other ways allowed by Sino-European Procurement Platform as the login means to enter the website of Sino-European Procurement Platform.
4.2.2 You understand and agree that if you have completed the registration procedure on the website of Sino-European Procurement Platform, you will get your login name (hereinafter referred to as “account”) as long as you have successfully registered. You can directly use your login name to login the platform without setting up another account.
4.2.3 As your account is related to your information and the business information of the website of Sino-European Procurement Platform, your account is only for your own use. Without the consent of Sino-European Procurement Platform, your direct or indirect authorization of a third party to use your account or obtain information under your account is invalid. If the Sino-European Procurement Platform judges that the use of your account may endanger your account security and/or the information of the website of Sino-European Procurement Platform based on the use behavior of your account, Sino-European Procurement Platform may refuse to provide corresponding services or terminate this agreement.
4.3 Account transfer
As the user account is related to the user’s credit information, you can transfer the account only when there are legal provisions, judicial decisions or agreed by Sino-European Procurement Platform, and the account transfer process is in line with the rules of Sino-European Procurement Platform website. Once your account is transferred, the rights and obligations of the account will be transferred together. Other than that your account must not be transferred in any way, otherwise Sino-European Procurement Platform has the right to pursue your liability for breach of contract, and you shall bear the corresponding liabilities arising therefrom.
4.4 Real-name authentication
In order to make you better use of the services on the website of Sino-European Procurement Platform and ensure the security of your account, Sino-European Procurement Platform can require you to complete the real-name authentication according to the provisions of national laws and regulations.
4.5 Inactive account recovery
If your account meets the following conditions at the same time, your login name may be cancelled, and you can no longer log on to the platform, and all platform services will be terminated at the same time:
(1) Failed to pass real-name authentication in accordance with relevant national laws and regulations and requirements of Sino-European Procurement Platform;
(2) You have not used your email, mobile phone or other methods and passwords approved by Sino-European Procurement Platform to log in to the website of Sino-European Procurement Platform for 6 consecutive months;
(3) There are no valid transactions that have not expired.
4.6 Registration information management
4.6.1 When completing the registration or activation process, you should provide and update your information accurately and completely according to the prompts on the corresponding pages of the website of Sino-European Procurement Platform, so as to keep it true, timely, complete and accurate all the time. In the case that the national laws and regulations clearly require that Sino-European Procurement Platform, as a platform service provider, must verify the information of users (such as sellers), Sino-European Procurement Platform will check and verify your information from time to time according to law, and you shall cooperate to provide the latest, true, complete and effective information.
4.6.2 If the Sino-European Procurement Platform failed to contact you according to the information you provided for the last time, you did not provide the information in time according to the requirements of Sino-European Procurement Platform, the information you provide is obviously inaccurate, or the information you provide is invalid after being verified by the administrative and judicial authorities, you will be responsible for all losses and adverse consequences caused to yourself, others and Sino-European Procurement Platform. Sino-European Procurement Platform may send you a notice or request for rectification, and require you to recertify until the suspension or termination of providing you with some or all of the services of Sino-European Procurement Platform. Except for the legal provisions, Sino-European Procurement Platform shall not be responsible for this.
4.6.3 The login name and nickname of the account you set shall not violate the national laws and regulations and the corresponding management regulations of the website rules of Sino-European Procurement Platform. Otherwise, Sino-European Procurement Platform can recycle your login name and nickname, and deal with it according to the website rules of Sino-European Procurement Platform.
4.7 Account security
4.7.1 Your account is set up by yourself and kept by you. Sino-European Procurement Platform will not ask you for your account password at any time. Therefore, it is recommended that you take good care of your account and ensure that you log out at the end of each online period and leave the website of Sino-European Procurement Platform in the correct steps. Sino-European Procurement Platform shall not be liable for the loss and consequences of your account due to your active disclosure or your being attacked or defrauded by others. You shall recover from the infringer through judicial, administrative and other relief channels.
4.7.2 Except for the fault of Sino-European Procurement Platform, you shall be responsible for all the behavior results under your account (including but not limited to signing various agreements online, releasing information, inquiries/quotations, purchasing products, ordering services and disclosing information, etc.).
4.7.3 If you find any unauthorized use of your account to log in to the website of Sino-European Procurement Platform or other circumstances that may cause your account to be stolen or lost, you are recommended to inform Sino-European Procurement Platform immediately. You understand that it will take a reasonable time for Sino-European Procurement Platform to take action on any of your requests, and the actions taken by Sino-European Procurement Platform at your request may not avoid or prevent the formation or expansion of the consequences of infringement. Except for the legal fault of Sino-European Procurement Platform, Sino-European Procurement Platform shall not be liable.
5. Services and specifications
You have the right to enjoy enterprise account management, quotation of products and/or services, sales and promotion, inquiry of products and/or services, purchase and evaluation, transaction dispute settlement and other services on the website of Sino-European Procurement Platform. There are many services provided by Sino-European Procurement Platform. For details, you can visit the website of Sino-European Procurement Platform.
5.1 Enterprise account management
5.1.1 By creating an enterprise homepage on the website of Sino-European Procurement Platform, you can publish various product and/or service information and make transactions with other users.
5.1.2 Due to the indivisibility of the home page of the enterprise and the account, the transfer is essentially the transfer of the operator’s account. The relevant requirements and restrictions of the transfer shall be subject to the account transfer clause in 4.3 of this agreement.
5.1.3 If you shut down your enterprise account for a short time through all the products off the shelf, you shall still be responsible for the transaction guarantee responsibilities such as delivery, dispute and complaint handling for the transactions concluded before the closure of your enterprise account.
5.2 Quotation, sales and promotion of products and/or services
5.2.1 Through the services provided by Sino-European Procurement Platform, you have the right to publish product and/or service information, make quotation, solicit and identify trading partners and conclude transactions on the website of Sino-European Procurement Platform in the form of words, pictures, etc.
5.2.2 You shall ensure that you have the corresponding rights to the products and/or services you publish on the website of Sino-European Procurement Platform. You shall not sell the following products and/or provide the following services on the website of Sino-European Procurement Platform:
(1) Prohibited or restricted by the state;
(2) Infringing the intellectual property rights or other legitimate rights and interests of others;
(3) The website rules, announcements, notices or separate agreements signed by each platform and you have clearly stated that they are not suitable for sale and/or provision on the website of Sino-European Procurement Platform。
5.2.3 You should abide by the principle of good faith, ensure that the information of the products and/or services you publish is true and consistent with the products and/or services you actually sell, and fulfill your trading commitments in the course of trading. You should maintain the benign market competition order of the website of Sino-European Procurement Platform, do not belittle or slander competitors, do not interfere with any transactions or activities on the website of Sino-European Procurement Platform, do not increase or attempt to improve your credit in any improper way, and do not interfere or attempt to interfere with the normal operation of the website of Sino-European Procurement Platform in any way.
5.2.4 You have the right to decide on the promotion and promotion methods of products and/or services at your own discretion. The Sino-European Procurement Platform also provides you with various promotion tools. Your promotion activities shall comply with the relevant national laws and regulations and the requirements of the website of Sino-European Procurement Platform.
5.2.5 It is the duty of every citizen and enterprise to pay taxes according to law. You should report and pay taxes to the tax authorities in time and in full to the sales/turnover exceeding the legal exemption.
5.3 Inquiry, purchase and evaluation of products and/or services
5.3.1 When you make an inquiry and purchase products and/or services on the website of Sino-European Procurement Platform, please carefully confirm the name, price, quantity, model, specification, size of the purchased products or the time, content, restrictive requirements and other important matters of the service, and verify your contact address, telephone number, consignee and other information when placing the purchase order. If the consignee you filled in is not yourself, the legal consequences arising from the consignee’s actions and intentions will be borne by you.
5.3.2 You fully understand and agree that the website of Sino-European Procurement Platform is a commercial trade procurement platform, rather than a consumer purchase market. Therefore, your inquiry and procurement shall be based on the real trade demand, and there shall be no malicious inquiry, procurement, malicious rights protection and other behaviors that disturb the normal trading order of the website of Sino-European Procurement Platform. In order to maintain the transaction order and transaction security of the website of Sino-European Procurement Platform, Sino-European Procurement Platform can take the initiative to close relevant transaction orders when discovering the above situations。
5.3.3 You have the right to evaluate other user products and/or services that have entered into a transaction with you in the evaluation system provided by the website of Sino-European Procurement Platform. All your evaluation activities shall comply with the relevant provisions of the website rules of Sino-European Procurement Platform, and the evaluation contents shall be objective and true, and shall not contain any obscene, pornographic, vulgar, advertising information and other prohibited information listed in laws and regulations and this agreement; you shall not improperly help others improve their credit or use the evaluation rights to threaten or extort other user’s blackmail. Sino-European Procurement Platform can delete or block the evaluation information generated by your implementation of the above behaviors in accordance with the relevant provisions of the website rules of Sino-European Procurement Platform.
5.3.4 If the products and/or services you inquire about and purchase on the website of Sino-European Procurement Platform are goods and/or services for export:
5.3.4.1 You are committed to comply with all applicable import and export controls, trade restrictions and economic sanctions laws and regulations. If you violate the above commitments, the Sino-European Procurement Platform can stop providing relevant services when it discovers the above situations.
5.3.4.2 You need to ensure that you are not the subject of trade restrictions, economic sanctions or other laws and regulations imposed by any country, region or international organization, nor provide funds, goods or services directly or indirectly for the above-mentioned objects, otherwise you should stop using the services provided by Sino-European Procurement Platform, and you understand that violation of the above requirements may cause you to be unable to register and use normally Sino-European Procurement Platform services.
5.3.5 For the goods, services, software and technology obtained through Sino-European Procurement Platform, you promise to abide by all applicable laws and regulations related to import and export control, trade restrictions and economic sanctions. Based on the needs of maintaining the transaction order and transaction security, if you violate the above commitments, Sino-European Procurement Platform can actively close relevant transaction orders and make account disposal when discovering the above situations.
5.4 Transaction dispute settlement
5.4.1 You can enter into transactions with other users through the transaction mode supported by the website of Sino-European Procurement Platform, and abide by the corresponding transaction and payment rules. You understand and agree that the website of Sino-European Procurement Platform is only for users to identify the trading objects, negotiate the transactions of products and services, and obtain various trade-related services. Sino-European Procurement Platform will not participate in the transactions between users, nor will it involve the legal relations and disputes arising from the transactions between users.
5.4.2 In case of any dispute between you and other users in the transaction process of the website of Sino-European Procurement Platform, you or any of the other users have the right to choose the following ways to solve the dispute:
(1) Independent consultation with the counterparty to the dispute;
(2) Use the dispute mediation service provided by the website of Sino-European Procurement Platform;
(3) Complain to relevant administrative departments;
(4) Submit to the arbitration institution for arbitration in accordance with the arbitration agreement (if any) reached with the opposite party to the dispute;
(5) Bring a lawsuit to the people’s court.
5.4.3 If you use the dispute mediation service of the website of Sino-European Procurement Platform in accordance with the website rules of Sino-European Procurement Platform, you acknowledge and are willing to perform the mediation decision (including adjusting the transaction status of relevant orders) made by the customer service of the website of Sino-European Procurement Platform as an independent third party according to the dispute facts learned and the website rules of Sino-European Procurement Platform State, determine to pay all or part of the disputed amount to one or both parties of the transaction, execute corresponding margin compensation, etc.). Before the decision is made, you can choose the other dispute resolution ways mentioned above to resolve the dispute and suspend the dispute mediation service of the website. If you are not satisfied with the mediation decision, you still have the right to take other dispute resolution methods to resolve the dispute, but you should still perform the mediation decision before you obtain the final decision through other dispute resolution methods.
6．Cost
6.1 Sino-European Procurement Platform has paid a lot of costs for the services provided to you by the website of Sino-European Procurement Platform. In addition to the express charging business of the website of Sino-European Procurement Platform, the services provided to you by Sino-European Procurement Platform are free at present. If Sino-European Procurement Platform charges you a reasonable fee in the future, Sino-European Procurement Platform will take a reasonable way and inform you in advance through legal procedures in an effective way as agreed in this agreement, so as to ensure that you have the right to choose fully.
6.2 You shall bear all taxes and fees incurred by you in connection with the transaction, obtaining paid services from the Sino-European Procurement Platform or contacting the server of Sino-European Procurement Platform, as well as related hardware, software, communication, network services and other expenses.
7．Limitation of liability
7.1 Sino-European Procurement Platform shall fulfill its basic guarantee obligations in accordance with the law. However, Sino-European Procurement Platform shall not be liable for breach of contract in case of any obstacle to performance, defect in performance, delay in performance or changes of performance due to force majeure or other third-party factors:
(1) Due to natural disasters, strikes, riots, wars, government actions, judicial and administrative orders and other force majeure factors;
(2) Public service factors or third-party factors such as power supply failure and communication network failure;
(3) In the case that Sino-European Procurement Platform has been managed in good faith, due to conventional or urgent equipment and system maintenance, equipment and system failure, network information and data security and other factors。
7.2 Sino-European Procurement Platform only provides you with the services agreed in this agreement. You understand that the information on the website of Sino-European Procurement Platform is published by users, and there may be risks and defects. Sino-European Procurement Platform will try to protect your legitimate rights and interests and good experience in the website of Sino-European Procurement Platform by establishing relevant inspection and monitoring system in accordance with laws and regulations. At the same time, in view of the fact that the website of Sino-European Procurement Platform has the characteristics of massive information and the separation of information and material objects under the information network environment, Sino-European Procurement Platform, as an online trading platform, cannot review the information of products and/or services one by one, and cannot review the quality, safety, legality, authenticity and accuracy of products and/or services involved in the exchange one by one. Therefore, you should be careful to judge. If you find any harmful information and behaviors, please contact and complain with Sino-European Procurement Platform in time. Sino-European Procurement Platform will handle the harmful information and behaviors.
7.3 You understand and agree that in the dispute mediation service, the customer service of the website of Sino-European Procurement Platform is not a professional, and can only judge the voucher submitted by the user based on the cognition of ordinary people. Sino-European Procurement Platform does not guarantee that the dispute mediation decision will meet your expectations. Except for the explicit provisions of the law and the intentional or gross negligence, Sino-European Procurement Platform will mediate the dispute Decide not to take responsibility.
8. Protection and authorization of user information
8.1 Protection of personal information
Sino-European Procurement Platform attaches great importance to the protection of user’s personal information (that is, information that can identify the user’s identity independently or in combination with other information). When you use the services provided by Sino-European Procurement Platform, you agree that Sino-European Procurement Platform collects, stores, uses, discloses and protects your personal information in accordance with the privacy policy published on the website of Sino-European Procurement Platform. Sino-European Procurement Platform hopes to introduce to you the way Sino-European Procurement Platform processes your personal information through the privacy policy. Therefore, Sino-European Procurement Platform recommends that you read the privacy policy completely (click the link at the bottom of the homepage of Sino-European Procurement Platform website) to help you better protect your privacy.
8.2 Guarantee and authorization of nonpersonal information
8.2.1 You represent and warrant that you have corresponding and legal rights to the information you publish. Otherwise, Sino-European Procurement Platform can delete or block the information you publish according to law or this agreement.
8.2.2 You should ensure that the information you publish does not contain the following:
(1) Violating the prohibitive provisions of national laws and regulations;
(2) Political propaganda, feudal superstition, obscenity, pornography, gambling, violence, terror or abetting a crime;
(3) Fraudulent, false, inaccurate or misleading;
(4) Infringing the intellectual property rights of others or involving the trade secrets and other proprietary rights of a third party;
(5) Insulting, slandering, intimidating, involving other people’s privacy, etc., which infringes upon other people’s legitimate rights and interests;
(6) There are viruses, Trojans, crawlers and other malicious software and program codes that may damage, tamper with, delete or affect the normal operation of any system of the website of Sino-European Procurement Platform or obtain the data and personal data of the website of Sino-European Procurement Platform and other users without authorization;
(7) Other issues that violate the social public interest or public morality or are not suitable to be published on the website of Sino-European Procurement Platform in accordance with the relevant agreements and rules of the website of Sino-European Procurement Platform。
8.2.3 For the nonpersonal information such as text, picture, video, audio, etc. that you provide, publish and form in the use of Sino-European Procurement Platform services, there will be no transfer of intellectual property rights, portrait rights and other rights due to your upload, publish and other behaviors. Unless expressly stated by Sino-European Procurement Platform, within the scope permitted by law and the protection period stipulated by law, you grant Sino-European Procurement Platform a free and nonexclusive license to use (including storing, using, copying, revising, compiling, publishing, displaying, translating, distributing your non personal information or making derivative works) for free Known or later developed forms, media or technologies include the above-mentioned information in other works, etc.) rights and rights that can be re authorized to other third parties for use, as well as the right to collect evidence and file a lawsuit against the third party’s infringement in its own name.
9. User’s breach and handling
9.1 Determination of breach of contract
In case of any of the following circumstances, it shall be deemed as your breach of contract:
(1) Violation of relevant laws and regulations when using the services of Sino-European Procurement Platform;
(2) Violation of the agreement or the supplementary agreement (i.e. article 3.2 of the agreement).
In order to adapt to the development of e-commerce and meet the needs of mass users for efficient and high-quality services, you understand and agree that the Sino-European Procurement Platform can stipulate the procedures and standards for determining breach of contract in the rules of the website of Sino-European Procurement Platform. For example, Sino-European Procurement Platform can determine whether you are in breach of contract based on the relationship between your user data and massive user data; you are obliged to provide sufficient evidence and reasonable explanation for your data abnormalities, otherwise it will be deemed as breach of contract.
9.2 Handling measures for breach of contract
9.2.1 If the information you publish on the website of Sino-European Procurement Platform constitutes a breach of contract, Sino-European Procurement Platform can immediately delete, block the corresponding information or remove, delete and supervise your products according to the corresponding rules.
9.2.2 If your behavior on the website of Sino-European Procurement Platform, or the behavior that does not implement on the website of Sino-European Procurement Platform but has an impact on the website of Sino-European Procurement Platform and its users, constitutes a breach of contract, Sino-European Procurement Platform may deduct points from your account, restrict your participation in marketing activities, suspend the provision of some or all services to you, deduct liquidated damages and other treatment measures according to the corresponding rules. If your behavior constitutes a fundamental breach of contract, Sino-European Procurement Platform can close your account and terminate the service provided to you.
9.2.3 When you breach the contract and there are specific situations such as fraud, false sale, misappropriation of other people’s accounts, or you have the risk of endangering other people’s transaction security or account security, Sino-European Procurement Platform will take compulsory measures such as canceling collection, stopping payment of funds and so on to your (and your account bound, the same below) account according to your risk degree instructions.
9.2.4 The Sino-European Procurement Platform can publicize the information on the measures for handling your above-mentioned breach of contract and other illegal information confirmed by the legal documents in force of the national administrative or judicial authorities on the website of Sino-European Procurement Platform.
9.3 Liability for compensation
9.3.1 If your actions cause losses to the Sino-European Procurement Platform and/or its affiliates, you shall perform the compensation liability in accordance with this agreement, and you shall compensate the Sino-European Procurement Platform and/or its affiliates for the losses (if any) Include:
(1) Reasonable attorney’s fees and litigation fees paid, and necessary expenses to eliminate the influence;
(2) Fines, liquidated damages or compensations for external expenditures due to administrative penalties, judicial decisions, mediation within the scope of legal standards, etc.;
(3) Loss of goodwill, loss of reasonable expected benefits (such as loss of members, decrease of expenditure, decrease of consumption frequency and decrease of income of store operators, etc.), the specific amount can be calculated according to the relevant estimation standards obtained by independent and reasonable analysis of the third party, reasonable analysis of big data and other reasonable methods of calculating gains and losses by Sino-European Procurement Platform;
(4) Other losses incurred as a result.
9.3.2 If your behavior causes Sino-European Procurement Platform and/or its affiliated companies to suffer third-party claims, Sino-European Procurement Platform and/or its affiliated companies can recover all losses from you after undertaking money payment and other obligations to the third party。
9.3.3 If the third party suffers losses due to your actions or you are not willing to fulfill the mediation decision, you authorize and agree that Sino-European Procurement Platform and/or its affiliated may instruct the company to deduct the corresponding amount from your account for the purpose of protecting the social public interest or the legitimate rights and interests of other users. If your balance or deposit is not enough to pay the corresponding amount, you agree to entrust the Sino-European Procurement Platform to use your own funds to pay the above amount on your behalf (but the Sino-European Procurement Platform does not have this obligation), you shall refund this part of the cost and compensate for all losses caused to Sino-European Procurement Platform.
9.3.4 You agree that Sino-European Procurement Platform instructs the company to deduct the corresponding amount from your account to pay the above compensation. If the amount in your account is insufficient to pay the above compensation, Sino-European Procurement Platform and/or its affiliates can directly offset your amount and/or interest under other agreements of Sino-European Procurement Platform and/or its affiliates, and can continue to recover.
9.3.5 In case of any damage to your interests due to intentional or gross negligence breach of contract by Sino-European Procurement Platform, Sino-European Procurement Platform will compensate you based on your direct actual loss.
9.4 Special agreement
9.4.1 If you provide material goods, cash, cash equivalents, labor services, tourism and other benefits that are obviously beyond the scope of normal business negotiation to employees or consultants of Sino-European Procurement Platform and/or its affiliated companies, you can be deemed to have commercial bribery. In case of any of the above circumstances, Sino-European Procurement Platform can handle it in accordance with the website rules of Sino-European Procurement Platform, and terminate all cooperation with you and collect liquidated damages and/or compensation from you after notice in advance. Such amount is calculated based on the economic loss and goodwill loss suffered by the Sino-European Procurement Platform due to your bribery.
9.4.2 If you terminate this agreement due to your serious breach of contract, for the purpose of maintaining the order of the platform and protecting the legitimate rights and interests of other users, Sino-European Procurement Platform and / or its affiliated companies may take measures to suspend or even terminate the cooperation with you under other agreements, and notify you in the effective way agreed in this agreement.
9.4.3 If other agreements signed between Sino-European Procurement Platform and you, and the agreements signed between Sino-European Procurement Platform and/or its affiliates and you clearly stipulate that you are to be associated with the cooperation under this agreement, Sino-European Procurement Platform can suspend or even terminate the agreement upon receiving the instructions, and notify you in a valid manner as agreed in this agreement for the purpose of maintaining the order of the platform and protecting the legitimate rights and interests of other users.
10. Change of agreement
10.1 Sino-European Procurement Platform may modify this agreement and the supplementary agreement from time to time according to the changes of national laws and regulations and the needs of maintaining market order and protecting the legitimate rights and interests of users. The changed agreement and the supplementary agreement (hereinafter referred to as “the changed matters”) will be notified to you through legal procedures and in the form of effective notice stipulated in this agreement.
10.2 If you do not agree with the changed matters, you have the right to contact Sino-European Procurement Platform for feedback before the effective date of the change. If the feedback is adopted, Sino-European Procurement Platform will adjust the changes as appropriate. If you still disagree with the effective changes, you should stop using the Sino-European Procurement Platform service from the effective date of the determination of the changes, and the changes have no effect on you; if you continue to use the Sino-European Procurement Platform service after the changes take effect, it is deemed that you agree with the effective changes.
11. Effective notice
11.1 Effective contact information
When you register as a website user of Sino-European Procurement Platform and accept the services of Sino-European Procurement Platform, you should provide the real and effective contact information (including your email address, contact phone number, contact address, etc.) to Sino-European Procurement Platform. If the contact information changes, you are obliged to update the relevant information in a timely manner and keep it available for effective contact Status.
The member accounts (including sub accounts) generated when you register users of the website of Sino-European Procurement Platform to log in to the receiving station of the website of Sino-European Procurement Platform, as well as system messages and instant messages, are also your effective contact information.
Sino-European Procurement Platform will serve you one or more of the above contact methods with various notices, and the content of such notices may have a significant beneficial or adverse impact on your rights and obligations. Please pay attention in time.
You have the right to obtain the commercial information such as product/service advertisement information, promotion and preference that you are interested in through the mobile phone number or email that you fill in when you register; if you are not willing to receive such information, you have the right to unsubscribe through the corresponding unsubscribing function provided by Sino-European Procurement Platform.
11.2 Service of notice
11.2.1 Sino-European Procurement Platform will send you a notice through the above contact information, including but not limited to the written notice sent by electronic means, including but not limited to the announcement on the website of Sino-European Procurement Platform, the SMS sent to the contact phone provided by you, the email sent to the email address provided by you, the system message sent to your account and the in station letter information, which will be sent to Service shall be deemed to have taken place immediately after service; written notice sent by paper carrier shall be deemed to have been served on the fifth natural day after mailing according to the contact address provided.
11.2.2 For any dispute arising from trading activities on the website of Sino-European Procurement Platform, you agree that the judicial organ (including but not limited to the people’s court) can serve legal documents (including but not limited to litigation documents) to you through modern communication methods such as SMS, email or mailing. The mobile phone number, e-mail and other contact information designated by you to receive legal documents are those contact information provided when you register and update on the website of Sino-European Procurement Platform. The legal documents sent by the judicial organ to the above contact information are deemed to be delivered. Your designated mailing address is your legal contact address or a valid contact address provided by you.
You agree that the judicial organ can deliver legal documents to you in one or more of the above ways, and the judicial organ can deliver legal documents to you in multiple ways, and the service time shall be subject to the first one of the above ways.
You agree that the above service method is applicable to all stages of judicial proceedings. For example, those who enter into the proceedings include but are not limited to the first instance, second instance, retrial, execution and supervision procedures.
You should ensure that the contact information provided is accurate, effective and updated in real time. If the contact information provided is not accurate or the changed contact information is not informed in time, so that the legal document cannot be delivered or not delivered in time, you shall bear the possible legal consequences.
12. Termination of agreement
12.1 Termination of agreement
12.1.1 You have the right to terminate this agreement in any of the following ways:
(1) You cancel your account through website self-service when you meet the account cancellation conditions required by the website of Sino-European Procurement Platform;
(2) Before the change takes effect, you stop using the Sino-European Procurement Platform service and express your unwillingness to accept the change;
(3) You express that you are not willing to continue to use the services of Sino-European Procurement Platform, and meet the termination conditions required by the website of Sino-European Procurement Platform.
12.1.2 In case of any of the following circumstances, the Sino-European Procurement Platform may terminate this agreement by notifying you in the effective way agreed in this Agreement:
(1) Your real name authentication identity is invalid, no longer valid or cannot be verified effectively;
(2) If you violate this agreement and the Sino-European Procurement Platform terminates this agreement in accordance with the default terms;
(3) You embezzle other people’s accounts, release illegal information, cheat, sell fake goods, disturb market order, take unfair means to make profits, etc., and Sino-European Procurement Platform closes your account according to the rules of the website of Sino-European Procurement Platform;
(4) In addition to the above circumstances, due to your repeated violation of the relevant provisions of the website rules of Sino-European Procurement Platform and the serious circumstances, Sino-European Procurement Platform closes your account in accordance with the website rules of Sino-European Procurement Platform;
(5) Your account has been recovered by Sino-European Procurement Platform in accordance with this agreement;
(6) You commit fraud, release or sale of counterfeit/infringing products, infringe upon the legitimate rights and interests of others or other serious violations in Sino-European Procurement Platform;
(7) Sino-European Procurement Platform believes that your behavior may cause serious damage or legal liability to you, users of Sino-European Procurement Platform and website of Sino-European Procurement Platform based on reasonable reasons;
(8) Other circumstances in which the service should be terminated.
12.2 Treatment after termination
12.2.1 After the termination of this agreement, except as expressly provided by law, Sino-European Procurement Platform shall not be obliged to disclose any information in your account to you or a third party designated by you.
12.2.2 After the termination of this agreement, Sino-European Procurement Platform still enjoys the following rights:
(1) Keep all kinds of information listed in article 8 of this agreement on the website of Sino-European Procurement Platform;
(2) For your past breach of contract, Sino-European Procurement Platform can still hold you liable for breach of contract in accordance with this agreement.
12.2.3 After the termination of this agreement, for the transaction orders generated by you during the duration of this agreement, Sino-European Procurement Platform can notify the other party of the transaction and decide whether to close the transaction orders according to the wishes of the other party. If the other party of the transaction requests to continue to perform, you shall continue to perform this agreement and the agreement of the transaction orders in respect of such the transaction orders, and bear any loss or increased cost arising therefrom.
13. Links
The websites or third parties of Sino-European Procurement Platform can provide links with other websites or resources of the world wide web. As Sino-European Procurement Platform does not control such websites and resources, you understand and agree that Sino-European Procurement Platform is not responsible for the availability of such websites or resources, and does not recognize any content, publicity, products, services or other materials on or available from such websites or resources, nor is it responsible for or liable for them. You further understand and agree that Sino-European Procurement Platform will not be liable for any direct or indirect loss caused (or claimed to be caused) by the use or reliance of such content, publicity, products, services or other materials obtained from such websites or resources, unless it is expressly provided by law that Sino-European Procurement Platform shall be liable.
14. Application of law, jurisdiction and others
14.1 The validity, interpretation, modification, execution and dispute settlement of this agreement shall be governed by the laws of the mainland of the People’s Republic of China. If there is no relevant laws, they shall refer to the commercial practices and/or industrial practices.
14.2 You are only an independent contractor with Sino-European Procurement Platform. This agreement is not intended to form or create any agency, partnership, joint venture, employment and employment or characteristic authorization and authorization relationship.
14.3 Unless agreed by both parties, you agree that Sino-European Procurement Platform has the right to transfer part or all of the rights and obligations under this agreement due to business needs, and take reasonable ways to inform you in advance through legal procedures in the effective way agreed in this agreement.
14.4 Any dispute arising from or in connection with this agreement or the services provided by Sino-European Procurement Platform shall be settled by Sino-European Procurement Platform through consultation with you. If consultation fails, either party may bring a lawsuit to the people’s Court of the defendant’s domicile.
14.5 If any provision of this agreement is held to be invalid or unenforceable, that provision shall be revoked and the remaining provisions shall be observed and enforced. The title of a clause is for ease of reference only and does not in any way define, limit, interpret or describe the scope or limit of the clause. The failure of Sino-European Procurement Platform to take action on a breach by you or others does not indicate that Sino-European Procurement Platform withdraws its right to take action on any subsequent or similar breach.