CCCME Online Expo User Service Agreement and Limited Liabilities
User Service Agreement（for Purchaser）
“CCCME Online Expo”Service Platform relies on China Chamber of Commerce for Import and Export of Machinery and Electronic Products（hereafter as CCCME）’s more than 30 years services for high-quality suppliers, international purchasers in the machinery and electronic fields, specializes in the combination of online trading and offline exhibition, and provides convenient, efficient, exclusive digital foreign trade service platform for registered enterprises.
1. ACCEPTANCE OF TERMS
1.1WELCOME TO CCCME ONLINE EXPO USER SERVICE PLATFORM ( “PLATFORM”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY, WHICH MAY APPEAR IN CAPITAL LETTERS OR BOLD TYPE.
1.2This Agreement sets forth the terms and conditions between CCCME and registered user (“User” or “you”) on the platform under which CCCME offers you access to and use of the Service through the platform. This Agreement applies to websites, mobile sites, mobile applications and other portals owned, operated, branded or made available by CCCME to you from time to time relating to the platform, including but not limited to the website “www.cccme.org.cn”and mobile-optimized versions of the websites or mobile applications (collectively the “CCCME.ORG.CN” or the“ Sites”)
1.3 Certain terms in this Agreement may be adjusted according to the business need. CCCME may amend the Agreement at any time by posting the amended and restated Agreement on the Sites. The amended and restated Agreement shall be effective on designated date and at least after 7 days upon posting. If you continue to use the Service, you will be deemed to have fully read, comprehended and accepted the amended agreement. If you do not agree, you have right to stop using the Service at any time.
1.4This Agreement was amended on XX, and shall be effective on XX.
2. REGISTRATION AND ACCOUNT
2.1CCCME Online Expo Platform adopts “Enterprise Account and Personal Account” system, the personal account must be registered under enterprise account. One enterprise account is allowed to register several personal accounts, however, a set of User ID and Password is unique to a single Account, and one User ID can solely be used by one individual or enterprise, which means no User shall share, assign or permit the use of its Account, User ID or Password to another person, even to other individuals within the User's own business entity (where applicable).
2.2When registering on the Platform, you shall be obliged by the following rules：
a)You should provide true, accurate, current, and complete information as required by CCCME for registration until you have full access to the service provided on this platform.
b)Users shall maintain and promptly amend all information to keep it true, accurate, current and complete. If information provided for registration has changed, users can modify the information through “user center”, which shall be reviewed by CCCME. If you do not do so, CCCME reserves rights to suspend or terminate relevant services or the use of the account on this platform. CCCME will not assume liabilities for such suspension or termination.
2.3If you represent other natural person, legal person or other organization when you register on the platform, you declare and warrant that you have obtained all relevant authorization and the legal entities aforementioned are subject to this Agreement.
2.4Each User shall be solely responsible for maintaining the confidentiality of its User ID and Password and for all activities that occur under the User ID and Password (whether such use or activities are authorized or not).
3. SERVICE PROVIDED BY CCCME
3.1After successful registration, benefits, features and functions available to a registered User may vary between different classes of CCCME Member, and CCCME Member and non-CCCME Member, and the services for different subjects will be published on the official website of CCCME. No warranty or representation is given by CCCME with regards to provision of a particular feature or function or the same type and extent of features and functions unless explicitly prescribed.
a)CCCME reserves the right to charge for the Service or any feature or functionality of the Service at any time in its sole discretion. When the adjustment to the fee charge is made, CCCME will publish it on the Platform. If you have already paid for the current Service before the new adjustment has been published, the old rules continuously applies until expiration.
b)The registration on the platform is free of charge, whether it is CCCME Member or not. If you choose other charged services, please refer to the relevant fee charge rules published by CCCME or contact us to know more.
3.3The Services Provided for Users
a)Suppliers Directories Recommended by CCCME
b)International Business Matchmaking
3.4When you register successfully and click “I agree to receive relevant information for service”, CCCME will send information related to our services to your contact information provided at registration (including without limitation, email address, mobile phone). If you disagree afterwards, you need to email or call us, and request to stop sending certain information in written way.
3.5You agree that CCCME promotes your company, products, and other information on the platform (including but not limited to the current or future Sites). You further agree CCCME shall not assume any legal responsibilities arising from such information you provided, with the condition that CCCME does not change the substantial content of the information you provided.
3.6CCCME reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. CCCME further reserves the right but shall not be obliged to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by CCCME.
3.7If you voluntarily submit any information to the Sites for publication on the Sites through the publishing tools, including but not limited to, company or business profile, product demand, trade opportunities, then you are deemed to have given consent to the publication of such information on the Sites.
4.USER’S REPRESENTATIONS, WARRANTIES AND RESPONSIBILITIES
4.1Each User acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), may cause irreparable harm to CCCME.ORG.CN and each User shall indemnify CCCME against any loss or damages (including but not limited to loss of profits) suffered by CCCME as a result of such multiple use of an Account. Each User hereby undertakes to notify CCCME immediately of any unauthorized use of its Account, User ID or Password or any other breach of security. Each User hereby agrees that CCCME shall not be liable for any loss or damages arising from the User's failure to comply with this paragraph. If the individual user within a registered business entity (usually employee) does not work anymore, please cancel the account timely. Otherwise, the responsibility and losses shall be borne on the registered company.
4.2Each User hereby represents, warrants and agrees to：
(a) provide true, accurate, current and complete information on the Platform.
(b) provide true, accurate, current and complete information about itself and its business references as may be required by CCCME and
(c) Maintain and promptly amend all information to keep it true, accurate, current and complete.
To the extent permitted under applicable laws, each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to CCCME.ORG.CN to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, through any currently known or not currently known media. Information that is protected under data protection laws will only be used and kept in compliance with those laws. You further agree CCCME shall not assume any legal responsibilities arising from such information you provided, with the condition that CCCME does not change the substantial content of the information you provided.
4.3Each User hereby represents, warrants and agrees that the use of the Service and the Sites 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 and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities, and be part of a scheme to defraud other Members or other users of the Sites or for any other unlawful purposes;
b)infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;
c)impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
d)violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
e)contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
f)contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
g)promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
h)contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
i)involve attempts to copy, reproduce, exploit or expropriate CCCME's various proprietary directories, databases and listings or other information;
j)involve any use or provision of any computer virus, camouflage sabotage program, computer worm, time program bomb or other destructive program that destroys, interferes with, intercepts or misappropriates any system, data or personal data, or involve any scheme to destroy or attack the security and integrity of the computer system and network of CCCME and/or any its users, and no users shall attempt to gain unauthorized access to such computer systems or networks;
l)Otherwise create any liability for CCCME or its affiliates.
4.4Users shall not take any action which may undermine the integrity of CCCME 's feedback system, such as leaving positive feedback for himself using secondary User IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
4.5Each User acknowledges and agrees that CCCME reserves the right to, but shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. CCCME does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any User. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
4.6Each User represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Sites or provides to CCCME or authorizes CCCME.org.cn to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
5.TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS
5.1Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. CCCME uses several techniques to verify the accuracy of the information our users provide us when they register on the Sites. However, because user verification on the Internet is difficult, CCCME cannot and does not confirm each user's purported identity shown on the Sites and can only use reasonable efforts to verify the personal identity of the users. We encourage you to use the various tools available, as well as common sense, to evaluate your counterparty with whom you are dealing on the Sites.
5.2Each User accessing or using the Sites or Service shall fully assume the risks of conducting any purchase and sale transactions in connection with or through the Sites or Service. Such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each User agrees that CCCME shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
5.3Users are solely responsible for setting out, agreeing on, entering into and performing all of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under the Transactional Services Agreement (and in particular, clause 4.3).
5.4In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify CCCME (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
6.SUSPENSION AND TERMINATION OF THE SERVICE
6.1For the following behaviors of registered users, or the following behaviors that CCCME has reasonable grounds to believe exist, CCCME reserves the right to delete，suspend, restrict, break off or terminate relevant services or refuse you to use any services(current and possibly operated in the future) on the platform in any form at its own discretion without prior notice, and shall not assume any responsibility for this, and you may be held legally liable or accountable for such behaviors:
a)Breach of the user's representations, warranties and covenants set forth in Article 4 of this Agreement;
b)The information provided is not true, accurate, timely or complete, and the information is not updated in time，or the refusal of provision of such information or material requested by CCCME reasonably
c)After the complaint or claim of any other user or third party, CCCME has reasonable grounds to believe that the user intentionally or materially fails to perform the contract, including but not limited to the failure to deliver any goods ordered after receiving the payment, or the goods delivered by the user are not substantially consistent with terms and descriptions outlined in the contract;
d)CCCME has reasonable grounds to believe that the user has used other false or misleading information in any transaction concluded;
e)Release information in the name of others;
f)Embezzle the login name or password of others in the platform;
g)To engage in any activity which CCCME reasonably believes illegal, may cause CCCME to assume responsibility, violates this agreement or is deemed inappropriate by CCCME.
6.2Once your user service is terminated, you will not be able to publish information; your registration data and all relevant information will be deleted or discarded; at the same time, CCCME reserves the right to pursue your legal liabilities for your behavior before the termination of your service.
6.3CCCME reserves the right to cooperate fully with governmental and regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted under applicable laws and policies, CCCME may disclose the User's identity, contact information and/or information regarding the User's account(s), transactions or activities carried out on or via the Sites, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action, and CCCME shall not be liable for damages or results thereof and User agrees not to bring any action or claim against CCCME for such disclosure.
7.LIMITATION OF LIABILITY
7.1Through the Sites, CCCME provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between suppliers and purchasers. Despite the provision of the platform through the Sites, CCCME does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the Sites. CCCME does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
7.2TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND CCCME HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
7.3TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCCME MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES.
7.4Each User acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall CCCME be liable to the User or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any losses or damages (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.
7.5Any material downloaded or otherwise obtained through the access to or use of the Sites or Service is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or any loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from CCCME or through or from the Service shall create any warranty not expressly stated in this Agreement.
7.6Under no circumstances shall CCCME be held liable for any 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.
7.7To the extent permitted by law, CCCME shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise, or any other damages resulting from any of the following:
a) the use or the inability to use the Service;
b) any defect in goods, samples, data, information or services purchased or obtained from a user or a third-party service provider through the Sites;
c) unauthorized access by third parties to data or private information of any User;
d) statements or conduct of any user of the Sites; or
e) any other matter relating to the Sites or Service however arising, including negligence.
9.INTELLECTUAL PROPERTY RIGHT
9.1CCCME is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with CCCME, and its affiliates or licensors, as the case may be. All rights not otherwise claimed under this Agreement or by CCCME are hereby reserved.
9.2The trademarks, proprietary names and logos of the website (CCCME.ORG.CN) are all trademarks and trade names of the goods and services of CCCME. They are protected by the applicable copyright law, trademark law and other exclusive rights laws. Without the prior explicit permission of CCCME, they shall not be used in any form on any product or service not belonging to this website, which may cause confusion or ambiguity, or in any form of misinterpretation or use of this website. It is strictly prohibited to copy, modify, use or publish such logo.
9.3OWNERSHIP OF COPYRIGHTS
a)The ownership of all the readable and visible contents included in the Sites, including but not limited to text, pictures, icons, videos, etc., belongs to the Sites and the provider of its content / information. They are protected by the copyright law, whether express or not.
b)All content on the Sites is protected by copyright law as a compilation. CCCME enjoys copyright in the selection, arrangement, and typesetting of the content on the Sites, as well as the works such as words and pictures created by us. No organization or individual may modify, publish, disseminate, participate in the dissemination, sale, production of derivative works, or use the content of the Sites in whole or in part in any other way without written permission. Without the express written permission of CCCME, any media, website or individual shall not reprint commercially the original version, nor distort or tamper with the content. If reprinted, please indicate the source of the article.
c)CCCME recognizes and respects the copyright of pictures and text information published on the website. As soon as the pictures and words are submitted, the publisher guarantees that the owner of these materials has expressly granted CCCME the right to use, copy, modify, publish, translate and disseminate these materials free of charge, permanently and without restriction all over the world. No organization or individual may infringe the copyright as per stated in Article 4.2 of this Agreement
This Agreement constitutes the entire agreement between the User and CCCME with respect to the use of the Service, and supersedes any prior written or oral agreements in relation to the same subject matter herein.
10.1CCCME and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
10.2If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
10.3Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
10.4CCCME's failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right nor waive CCCME’s right to act with respect with subsequent or similar breaches.
10.5CCCME shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of CCCME). The User may not assign, in whole or part, this Agreement to any person or entity.
10.6If there is any conflict between the Chinese version and English language version of this Agreement, the Chinese version shall prevail.
10.7This Agreement shall be subject to law of People’s Republic of China, and any disputes arising from or related to this Agreement shall fall under the jurisdiction of Beijing Arbitration Commission.