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Service Agreement

 Thank you for reading the service agreement of WEBUY (hereafter referred as “Agreement”). The terms and conditions set forth in this agreement are applicable for your use of WEBUY (domain name www.webuy.net.cn, same below), the bulk commodities provided, and all sorts of tools and service (hereafter referred as “Service”) for trade and communication in the e-markets between businesses. 

1. Acceptance clause

Entering WEBUY website by any means shall be deemed as that you agree to enter into this agreement with WEBUY and you will be subject to the terms and conditions ("terms") of this agreement.  The “terms” herein may be amended at any time at the sole discretion of WEBUY.

In the event of any amendment to the "terms", you will be notified by the announcement published on its website. In the event that you do not agree with the relevant amendment, you’re entitled to stop using the "service". All amended “terms” will take effect as soon as published on WEBUY website.

It is suggested to read the amended “terms” carefully at your first login and you’re entitled to continue to or stop using the “service”; in the event of continuing the use of “service”, it shall be deemed as that you’ve accepted the amended “terms”. The latest version of this service agreement shall prevail in the event of any disputes with WEBUY. Unless otherwise specified, all of the new contents that expand the “service” scope or enhance its functions will be subject to this agreement.

2. WEBUY users

The “service” is only available for individuals or companies able to conclude legally binding contracts in accordance with related laws. Accordingly, you must be eighteen years old or over to use the service of WEBUY. Otherwise, please do not use the service of WEBUY. WEBUY is entitled to refuse to provide any “service” to any personages at any time at its sole discretion.  The “service” shall not be provided to the WEBUY members whose qualification is suspended temporarily or permanently.

3. Charge

The company reserves the rights to collect “service” charge after notification in line with Article 1. All tax payable caused by transactions, acquisition of paid service from the company or access to the company server, as well as other cost in terms of hardware, software, communication, network service, shall be covered by the user. The company reserves the rights to temporarily or permanently change or stop parts or all of the “service” which would be only published on WEBUY website with no further written notices.

4. WEBUY website used only as a transaction platform

The company website is only used as a transaction platform where users look for trading objects, negotiate on cargo and service, and acquire various trading service. However, the company cannot control the quality, safety or legality of the commodities involved, nor the authenticity or accuracy of trading information, nor the ability of transaction parties to perform their duties under the trading agreement. The company cannot, and will not control whether transaction parties shall perform their duties. Furthermore, it should be noted that the transactions involved with foreigners, teenagers or deceivers are objectively risky.

5. Your information and tradable items

"Your information” includes all data, texts, software, music, sounds, photographs, pictures, images, words or other materials supplied to the company or other users during the process of registration, transaction or listing items and in any public situation or through any form of e-mail. You should take full responsibility for “your information” and the company is barely the channel on which you can publish and release “your information”. However, in the event that the company believes “your information” may result in the company assuming any legal or moral responsibility, or losing part of all of its Internet or other service suppliers, or in case you fail to login or relogin the website within the period specified by WEBUY, the company is entitled to, at its sole discretion, take any necessary or appropriate measures to “your information”, including but not limited to delete such information. You hereby guarantee that you reserve all rights of “your information” provided to WEBUY, including all copyrights. You acknowledge that it’s not the responsibility of WEBUY to identify or decide which information provided to the company deserves protection. The company shall assume no responsibility in the event that “your information” is used by other users.

5.1 Registration obligations

In the event that you register on WEBUY, you acknowledge that: (a) you shall provide authentic, accurate, complete information that reflects the current situation of your company in accordance with the requirements by the member information table published on WEBUY website; (b) you shall maintain and timely update the member information to ensure it is authentic, accurate, complete and can reflect the current situation. Otherwise, WEBUY has the rights to suspend or terminate your account and information, and refuse your use in any form of current or future “service”. In the event that your registration is on behalf of one enterprise or other legal subjects, you shall declare and guarantee that you are entitled to make the enterprise or other legal subjects subject to the “terms” of this agreement.

5.2 Member login name, password and confidentiality

ou will choose member login name and password in the registration process. You shall keep the member login name and password confidential and  assume full responsibility for any activities in the name of the member login name and password. You acknowledge that: (a) you will immediately notify WEBUY of any unauthorized use of your member login name and password or any other violation of confidentiality stipulations; and (b) make sure you will login out in correct steps at each of ending of online period of time. WEBUY cannot and will not assume any responsibility for any losses or damages due to your violation of the stipulations of this paragraph.

5.3  Rules of your information

You agree that, “your information” and all “items” (refers to the specific items available for transaction by law and tangible or intangible items, as well as some rights or benefits, or some bills or securities, or some service or behaviors. Each “item” referred in this agreement contains this meaning) supplied by you for sale on Webuy

a. will not be involved in any fraud, forgeries or theft;

b.  will not violate the real rights, or copyrights, patents, trademarks, trade secrets or other intellectual properties, or rights of privacy and reputation of the third party; 

c. will not violate any laws, regulations, rules or regulations (including but not limited to the laws and regulations, ordinances or rules of norms on the  export control, quantitative trade quota, consumer protection, unfair competition or false advertising);

d. will not contain any contents of defamation (including business defamation), unlawful threats or harassment; 

e. will not contain any obscenity or children pornography;

f. will not contain any virus, hacking programs, computer worms, time program bombs and other programs that may intentionally destroy, viciously interfere with and secretly intercept or hack any system, data or personal information; 

g. will not directly or indirectly relate to, or contain any description of following commodities or service: (i) commodities or service prohibited by this agreement; or (ii) commodities or service you have no access to or include.  Moreover, you agree not to: (h) use the “service” in terms of any chain mails, tremendous junk mails, spam or any other duplicated or redundant information; (i) collecting email addresses and other information of other users utilizing “service” without their consent; or  (j) misleading others in terms of sender identity or information by using “service” to make false email address or in other ways.

5.4 Prohibitive items

You shall not publish or transact the following on the company website: (a) any items that may result in the company violating any related laws, regulations, ordinances or stipulations; or (b) any items that WEBUY believe to be prohibitive or inappropriate on the website.

6. Right of permissive use empowered to the company

The exclusive, universal, permanent and free right of permissive use (which could be empowered once again on multiple levels) empowered to the company grants the company with the right to use, duplicate, amend, modify, publish, translate, distribute, perform and display “your information” or produce derivative works, and/or include  “your information” in other works in any form or by any media or technology known or to be developed.

7.  Privacy

Notwithstanding the right of permissive use regulated in section 6, WEBUY shall use “your information” in accordance with the privacy statement of the company, of which all terms are part of this agreement. Therefore, it deserves careful reading. Please note that once you disclose “your information” on WEBUY, such information may be acquired and used by others immediately. 

8. Transaction procedures

8.1 Add product description item

Product description refers to the text description, photographs and or pictures provided by you on WEBUY website, which may be (a) the description of the product you own and expect to sell; or (b) the description of the product you are looking for. You may publish the product description of any kind or both kinds on WEBUY on the condition that you should classify such product description into the correct category. WEBUY shall assume no responsibility for the accuracy or contents of the product description and have the rights to require all products with incorrect description or classification to be modified. In the event that the product or classification remains noncompliant to the requirements of WEBUY, we have the rights to delete such product or classification.

8.2 Negotiation on transactions

Parties of the transaction offer and counter-offer in the form of bidding or bargaining and negotiate on the goods with specific descriptions on WEBUY website. All parties that offer or counter-offer will obligate involved WEBUY users to complete the transaction. Offers and commitments shall not be withdrawn unless in particular cases where users substantially change good descriptions or clarify any word input errors, or you fail to verify the user’s identity involved herein. 

8.3 Handling transaction disputes  

The company shall not and cannot be involved in any transactions. In the event that you have disputes with one or more users or third party suppliers offering service on WEBUY, you hereby acknowledge to exempt WEBUY (and the proxies and employees of WEBUY ) from  any liabilities caused by such disputes or any type or nature (actual and consequential) claim for rights, requirements or damages related to such disputes.

8.4 Use of common sense

The company cannot and shall not attempt to control over the information users provide by “service”. As far as the nature is concerned, the information of users may be repulsive, harmful or inaccurate and may contain incorrect marking instructions or add marking instructions by means of fraud in some cases. The company advises you to be cautious and use common sense in the use of WEBUY website.

9. Transaction system

9.1 Manipulating transactions not allowed

You here agree not to manipulate the results of business negotiation with the other transaction party with the help of deceiving or fraudulent partners (customers of subordinates or the third party).
9.2 System integrity

You hereby agree not to use any devices, software or routines to interfere or attempt to interfere with the normal operation of or any transactions on WEBUY website. You shall not take any measures to exert unreasonable or disproportional heavy load to the network structure of the company. You shall not disclose your password to or use your password with any other third party, nor use your password for any unauthorized purposes. 

9.3 Feedback

You shall not take any actions that may damage the integrity of information feedback system, such as” using the second member identify label or the third party to give positive feedbacks to yourself; using the second member identify label or the third party to give negative feedbacks to other users (feedback data bombing); or giving negative feedbacks for some actions beyond the transaction scope that users fail to perform (feedback spiteful imposition).
9.4 Not for commercial purposes 

You agree not to use any information for commercial purposes, including but not limited to duplicating any information displayed on WEBUY website for commercial purposes without the advance written consent of the administrators of WEBUY website.

9.5 Legal operation

You agree and guarantee to operate by law, and shall not be engaged in illegal criminal activities  (including but not limited to tax evasion) using the business information provided by WEBUY website.

10. Access terminated or restricted

You hereby agree that in the event that WEBUY does not collect fees for the service provided to you, WEBUY has the rights, at its sole discretion and with any reason, to terminate your “service” password, account (or any part of it) or your use of “service” , and delete and abandon “your information” submitted in the use of “service” (including but not limited to the fact that you have violated the  literal meaning and spirits of this agreement, or you have acted in the way not in accordance with the  literal meaning and spirits of this agreement, or you have not logined the website with your account and password over 90 days). You agree that in the event that WEBUY collect fees for the service provided to you, WEBUY shall perform abovementioned service termination on the basis of reasonable doubt and notification by email. Meanwhile, WEBUY has the rights, at its sole discretion, to terminate the “service” or any part of it with or without notification. You agree that the measures taken to terminate your use of service pursuant to any regulations of this agreement can be performed without advance notification. You further acknowledge and agree that WEBUY has the rights to immediately invalidate or cancel your account and any related information and files, and/or terminate your further access to such files or “service”. Upon the termination of the account, WEBUY is not obligated to reserve any information of the account or forward any unread or unsent messages to you or the third party. Furthermore, you agree that WEBUY shall assume no responsibility for you or any third parties in the event of terminating your access to “service”. Section 12, 13, 14 and 22 shall remain valid after the termination of this agreement.

11. Violation consequences

Not limiting additional remedial measures, in the event of any following situation, the company shall suspend or terminate your membership and delete any existing product information and other files published on the website upon immediate warning: (i) you have violated this agreement; (ii) the company cannot verify or authenticate any information provided; or (iii) the company believes your behaviors may lead any legal liability to you, other users, or the third party suppliers of the company or company website. Not limiting additional remedial measures, WEBUY website has the right to suspend or terminate your account in the event of discovering your participation in fraud activities involving the company website. 

12.“As is” based service

The company shall spare no effort to ensure your enjoyment in the use of WEBUY website. It is a pity that the company cannot foresee all technical problems or other difficulties at any time, which may result in data loss or interrupt of other service. Therefore, you expressively acknowledge and agree to take the risks of using “service”.  The service is provided on an “as is” and “as available” basis. WEBUY website expressively declares not to give any sort of ostensive or implicit guarantees, including but not limited to those for marketability and applicability for certain specific use and no infringement act. WEBUY website shall not guarantee following contents: (i) “service” will conform to your requirement; (ii) “service” will be timely and safe, and not be interrupted and incorrect; (iii) the results acquired by use of “service” will be accurate or reliable; and (iv) the quality of all the products, service, information or other materials purchased or acquired by “service” will conform to your expectation. All materials acquired by use of “service”, such as downloading or other forms, will be at your sole discretion, thus all risks caused herein will be assumed by yourself; furthermore, you shall take responsibility for any damages or data loss to your computer system caused by downloading any such materials. Any verbal or written opinions acquired from WEBUY website or “service” shall not result in any guarantees expressively specified under this agreement. 

13. Extent of liability
You expressively acknowledge and agree that WEBUY shall not assume any liability for any damages caused by any one of following situations, including but not limited to loss of profits, goodwill, use and data, or other non-physical loss (regardless of whether WEBUY is notified of the possibility of such damages): (i) use or fail to use the “service”; (ii) cost of substitute goods and service acquired from the purchase or acquisition of any goods, samples, data, information or service, or any information received or transactions concluded by the “service” ; unauthorized access to or change your transmission data; (iv) the statements of or behaviors related to “service” of any third party; or (v) any other matters related to “service” that are caused by any reasons, including negligence. 

14. Compensation

You agree that in the event of your violation of this agreement or other documents included into this agreement hereon, or violation of law or any rights of the third party, resulting in the third party claiming for compensation (including judicial cost or expenditure of other professionals) to WEBUY website, its subsidiary corporations, branch offices, directors, employees, proxies, you shall compensate for them so as to avoid their losses. 

15. Abidance by law

You shall abide by all laws, regulations and ordinances related to the use of “service”, bidding and purchase of any goods, and providing business information. 

16. No agency relationship

You and WEBUY website are the independent covenantee relationship. This agreement is not intended to form or create any relationship of proxy, partnership, joint venture, employment or right of special permission grant.

17. Advertisement and financial service

The communication or business contact or other promotion activities you are engaged with the advertiser by the “service”, including the payment and delivery of related goods and service, and any other terms, conditions, guarantees or statements related, are limited between you and the advertiser.

You agree that WEBUY website shall assume no responsibility for any sort of losses or damages caused by such business contact or the appearance of such advertisers on the “service”. Please note that in the event that you are intended to establish or participate in any service related to the company, stock quotation, investment or securities with the “service”, or receive or require any news, cautionary information or other documents by the “service”, WEBUY website shall assume no responsibility for the accuracy, serviceability or availability of such information transmitted by “service”, as well as any transaction decisions or investment decisions made pursuant to such information.

18. Links

The “service” or the third party can provide links of other websites or resources, which are not controlled by WEBUY. You acknowledge and agree that, WEBUY shall not take any responsibility for the availability of external websites or resources, and shall not recognize any contents, advertisements, products, service or other materials acquired from such websites or materials. You further acknowledge and agree that WEBUY shall not take any responsibility for any direct or indirect loss caused by (or claimed to be caused by) the use or trust of such contents, advertisements, products, service or other materials.

19. Notice

Unless otherwise expressly provided, any notice shall be sent in the form of e-mail. The email address of WEBUY website is services@webuy.net.cn while yours is the one provided in the registration process, or other specified by the party concerned. The notice shall be deemed as delivered twenty four (24) hour after the email is sent unless the sender is notified of the cancellation of the email address. The company can also send the notice to the address provided in the registration process by prepaid registered mail that requests a receipt. In this case, the notice shall be deemed as delivered three (3) days the mail is sent. 

20. Force majeure

In the event that the reasons beyond the reasonable control scope of the company, including but not limited to natural disasters, strikes or riots, substance shortage, rationing, rebellions, act of war, act of government, malfunction of communication or other facilities or casualties, cause the company to delay in or fail to perform the duties, WEBUY shall assume no responsibility. 

21. Transfer

The agreement transfer by WEBUY is dispensed with your consent.

22. Other provisions

This agreement supersedes any previous written or verbal agreements between you and WEBUY. All aspects of this agreement shall be governed by the laws of the mainland of People's Republic of China. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be eliminated and the remaining provisions shall be enforced. Headings are for convenience of reference only and shall not define, limit, interpret or describe the scope or limitation of this term by any means. The company’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

23. Litigation

All disputes arising from or relating to this agreement or the service provided by the company shall be submitted to the arbitration of Changning district, Shanghai, and shall be governed by the laws of the People's Republic of China.