| 1. Acceptance of Terms and Conditions
By accessing the homepage of CantonBrand.com, you hereby agree to enter
into this Agreement with Joinlink Exhibition Co., Ltd (＾Joinlink￣), and
you shall be bound by the terms and conditions (＾Terms￣) set forth in
this Agreement. Joinlink may from time to time, at its sole discretion,
amend the Terms. In case of any amendment of the Terms, Joinlink will
inform you by way of posting the amended Agreement on the Site. If you
may not accept any amendment of Terms, you must terminate the use of Services.
The amended Terms shall take effect immediately when posted on the Site
of Joinlink. Signing in or continued use of Services will be deemed to
be acceptance of the amended Terms. Unless otherwise expressly stated,
any new content that may expand the scope of Services or enhance functions
is subject to this Agreement. This Agreement may not otherwise be modified,
except in writing by an authorized officer of Joinlink.
2.Who is Eligible to Access CantonBrand.com
The Services are only available to the companies that are qualified
to enter into legally binding contracts in accordance with relevant laws.
Those companies without such qualifications shall not use the Services.
Joinlink may from time to time, at its sole discretion, refrain from providing
the Services to any company. The Services are not available to any Joinlink
member whose membership is temporarily suspended or permanently terminated.
3. Charges
We reserve the right to bill charges on Services after informing you
as aforementioned in Article 1 hereof. You are responsible for payment
of all taxes payable incurred due to your transaction, obtaining paid
services from us or contacting our server and all other fees concerning
hardware, software, services or otherwise. We reserve the right, without
prior notice, to temporarily or permanently amend or suspend part or whole
Services.
4.Joinlink Website Only As a Transaction Platform
Our website works only as a platform where the users may seek business
partners, negotiate on transaction of products and services and obtain
trade-related services. However our company is unable to control the quality,
safety or lawfulness of the products under transaction, or the truthfulness
or accuracy of the trade information, or the ability of the transaction
parties to perform their obligations under the transaction agreements
they have entered. Whether the transaction parties will perform obligations
as agreed is out of our control. In addition, you must notice that risks
of online transaction do exist objectively.
5. Your Company Information & Goods for Transaction
Your Company Information includes any information that your company,
at any information-disclosing occasions or in the manner of email, in
the process of registration, transaction or illustration of goods, has
furnished to our company or other users by your company, including data,
text, software, music, sound, photos, pictures, images, expressions or
other materials. Your company shall be solely responsible for Your Company
Information, and our company only operates as a passive channel for your
company to post Company Information. However, if our company believes
that Your Company Information may cause our company to undertake any legal
or moral responsibility, or cause our company (partially or wholly) to
lose the services of our Internet Provider or other services providers,
or if your company shall fail to sign in the Site within the time limit
as set by Joinlink, our company shall have the right, at its sole discretion,
to take any action on Your Company Information as deemed necessary or
appropriate, including, without limitation to, removal of such materials.
Your company hereby represents, warrants and agrees that you have obtained
all proprietary rights of the Company Information, including all the copyrights.
Your company acknowledges that Joinlink has no responsibility to determine
which information provided to our company shall be protected, and our
company is not responsible for use of Your Company Information by other
users entitled to Services.
5.1 Obligations upon Registration
If your company is a registered user of Joinlink, you company hereby
represents, warrants and agrees to (a) provide Joinlink with true, accurate,
current and complete information to be displayed in accordance with the
requirements of the member information table posted on the Site, and (b)
maintain and promptly amend all information to keep it true, accurate,
current and complete. If your company provides untrue, inaccurate, non-current
or incomplete information, or if Joinlink has justified reasons to believe
that such information is untrue, inaccurate, non-current or incomplete,
Joinlink shall have the right to suspend or terminate your company¨s registered
identity and information and refuse the access of your company to the
Services (or any part thereof) at present or in the future in any manner.
5.2 Registered Member ID, Password and Confidentiality
In the process of registration, your company will choose registered
member ID and password. Your company shall be responsible for secrecy
of your member ID and Password, and shall undertake the responsibility
for all activities conducted under your registered member ID and password.
Your company agrees to (a) immediately notify Joinlink in case of discovery
of any unauthorized person using your member ID or password, or occurrence
of any other things in violation of the provisions of secrecy hereof,
and (b) ensure signing out the Site with correct steps after each period
of log-in. Joinlink shall not and will not be held responsible for any
losses or damages incurred by your company due to failure to observe the
provision hereof.
5.3 Rules on Your Company Information
Your company hereby represents, warrants and agrees that Company Information
and any Product (generally referring to any form of product that may be
transacted pursuant to law, tangible or intangible, or any right or interest,
or any bill or securities, or any service or act. Term ＾Product￣ here
of has the same meaning) posted to Joinlink Site by your company for transaction
on the Site 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;
b. infringe any third party's property right, or copyright, patent,
trademarks, trade secret or other proprietary right or rights, or privacy
right or reputation right;
c. violate any applicable law, statute, ordinance or regulation (including
but without limitation to those governing export control, trade quota,
consumer protection, unfair competition, or false advertising);
d. be defamatory (including commercially defamatory), unlawfully threatening
or unlawfully harassing;
e. contain or infer any pornography or sex-related merchandising or
any other sexually explicit materials otherwise harmful to minors;
f. contain any computer viruses or other destructive devices and codes
that have the effect of vandalizing, interfering with, intercepting or
expropriating any software or hardware system, data or personal information.
g. directly or indirectly connected to the following products or services,
or contain description of the following products or services: (g1) products
or services prohibited under this Agreement; or (g2) products or services
that your company has no right to connect or contain. In addition, your
company further agrees not to: (g3) use the Services for the purpose of
any chained mailing, mass mailing, unsolicited mailing or any copied or
excessive information; (g4) collect, without prior consent, other persons¨
email addresses and other information via the Services; or (g5) use the
Services to make false email addresses, or otherwise attempt to mislead
others in sender identity or information source.
5.4 Banned Products
Your company shall not post on the Site or trade via the Site: (a) any
product that may render our company in violation of any law, statute,
ordnance or regulation; or (b) any product that is listed by Joinlink
as prohibited product. The list of products prohibited by Joinlink is,
by reference, included into this Agreement, which is subject to amendment
from time to time.
6. License of Use Granted by Your Company
Your company hereby grants an exclusive, worldwide, perpetual and royalty-free
license to our company (as well as the right to sublicense) to (wholly
or partially) use, copy, amend, rewrite, post, translate, distribute,
execute and display Your Company Information or create its derivative
works, and/or include Your Company Information into other works with any
form, media or technology developed presently or in the future.
7.Privacy
Notwithstanding license of use as stated in Article 6, Joinlink will
only use Your Company Information in accordance with the Joinlink¨s Privacy
Policy. All the terms and conditions of Joinlink¨s Privacy Policy constitute
part of this Agreement. Therefore you shall read the Privacy Policy Carefully.
Please note that once you voluntarily disclose Your Company Information
at the Joinlink transaction center, such information may be accessed by
others.
8.Transaction Procedures
8.1 Add Product Description Entries
Product description is the words, drawings and/or photos provided by
your company to be displayed on Joinlink site, which may be (a) description
of the products your company has and wishes to sell; or (b) description
of products your company is looking for. Your company may post description
of any category of products or any two categories of products on Joinlink
site, provided, however, that your company shall put such description
into correct category. Joinlink is not responsible for accuracy or content
of any product description.
8.2 Transaction Negotiations
Transaction parties may negotiate on offers and counter offers on Joinlink
site. All accepted offers or counter offers are binding upon the concerned
Joinlink users. Unless required by special circumstances, such as material
change of product description or declaration of entry mistakes by the
user after your company gives offer, or failure of your company to verfify
the identity of the user pursuant to the transaction, no offer and promise
shall be withdrawn.
8.3 Settlement of Disputes
Our company will not, and shall not, get involved in the any transaction
between the parties. In the event that your company has a dispute with
any party or parties to a transaction, or the third party service provider
from whom your company obtains service via the Site, your company agrees
to indemnify Joinlink against any (material and consequential) claims,
demands and liquidated damages arising out of or in connection with such
transaction.
8.4 Use of Common Sense
ur company cannot and will not attempt to control materials provided
by other users via Services. The materials provided by other users may,
by nature, be disgusting, harmful or inaccurate, and may under certain
circumstances contain wrong marks or fraudulent marks. We hope your company
will be careful and will use common sense when accessing and using our
Site.
9.Transaction System
9.1 No Manipulation of Transaction
Your company agrees not to manipulate the result of business negotiation
with another party by coalition with a confederate (a customer or third
party) with intent to cheat.
9.2 System Entirety
Your company agrees not to use any device, software or routine program
to interfere with or attempt to interfere with normal operation of Cantaonbrand.com
or any transaction conducted on the Site. No action shall be made to load
unreasonable mass content onto our network. Your company shall not disclose
your password to any third party, or share the your password with any
third party, or use your password for any unauthorized purpose.
9.3 Feedback
Your company shall not take any action that may impair the integrity
of the information feedback system, such as leaving positive feedback
with a secondary member ID or the third party, leaving negative feedback
(feedback data bombing) for other users with a secondary member ID or
the third party, or leaving negative feedback (feedback malicious imposition)
in case of failure of users to perform certain actions out of transaction.
9.4 No Commercial Use
Your company agrees not to make commercial use on any information, including,
but not limited to, coping any information displayed on Joinlink Site
without prior consent in writing from the authorized officer of Joinlink.
10. Termination or Access Restriction
Your company agrees that Joinlink may determine, at its sole discretion,
with any reason (including, without limitation to, the reasons that Joinlink
believes that your company breaches the literal meaning and spirit of
this Agreement, or acts not in accordance with the literal meaning and
spirit of this Agreement, or your company fails to access the Site with
your account and password for over 90 days), to terminate your Services
password, account (or any part of it) or use of Services by your company,
and to remove and discard Your Company Information submitted by your company
in using the Services. Also Joinlink may determine, at its sole discretion,
without or without prior notice, terminate the Services or any part thereof
at any time. Your company agrees that the action to terminate use of Services
in accordance with this Agreement may be taken without prior notice, and
your company further acknowledges and agrees that Joinlink may immediately
invalidate your account, or revoke your account and all information and
files in such account, and/or forbid your company from further accessing
such files or Services. After termination of account, Joinlink shall have
no obligation to retain any information contained in or related to your
original account, or forward any unread or sent information to your company
or the third party. In addition, your company agrees that Joinlink shall
have no responsibility with respect to termination of your access to Services.
Articles 12, 13, 14 and 22 shall remain effective after termination of
this Agreement.
11. Consequence of Breach of Rules
Without prejudice to any other remedies, in case of any of the following
circumstances, our company may immediately give warning, temporarily suspend,
permanently suspend or terminate your company¨s membership, remove any
existing product information of your company and any other information
of your company displayed on the Site: (i) when your company breaches
this Agreement; (ii) when our company is unable to verify or validate
any information provided to our company by your company; or (iii) our
company believes that your company¨s action may cause your company, our
users or the third service providers providing services through our company
or our Site subject to any legal responsibility. Without prejudice to
any other remedies, if your company is found to conduct fraud activity
in relation to the Site, Joinlink may temporarily suspend or terminate
your company¨s account.
12. Services Provided on an "As Is" Basis
Our company will make every effort to ensure that your company will
enjoy using Joinlink Site. However, our company cannot foresee all the
time all technical problems or other difficulties. Such difficulties may
result in loss of data or other service break. Therefore, your company
expressly understands and agrees that your company will use the Services
at your own risks. The Services are provided on an ＾as is￣ and ＾as available￣
basis and Joinlink hereby expressly disclaims any and all warranties,
express or implied, including but not limited to any warranties of merchantability
or fitness for a particular purpose or non-infringement. Joinlink disclaims
warranties that: (i) Services will comply with your needs; (ii) Services
will not break, which are current, safe and free from any mistake; (iii)
the results from using Services will be correct or reliable; and (iv)
the quality of any products, services, information or other materials
purchased or obtained by your company using Services will conform to your
expectation. Any material downloaded or otherwise obtained using the Services
is done at your company¨s sole discretion and risk and your company is
solely responsible for any damage to its computer system or loss of data
that may result from the download of any such material. No advice or information,
whether oral or written, obtained by your company from Joinlink or through
or from the Services shall create any warranty not expressly stated herein.
13. Scope of Responsibility
Your company expressly understands and agrees that Joinlink shall not
be liable for any damages whatsoever (including but not limited to damages
for loss of profits or savings, business interruption, use, loss of information
or other intangible loss) resulted from any of the following: (a) the
use or the inability to use the Services; (b) any costs in any goods,
samples, data, information or services purchased or obtained through or
from Services, or in receiving any information or concluding any transaction
through or from Services to obtain substitute of goods and services; (c)
unauthorized access to or modification of information or data transmitted
by your company; (d) statements or conduct of any third party on the Services;
or (e) any matters relating to Services however arising, including negligence.
14. Indemnities
Your company agrees indemnify and hold Joinlink harmless from any claims
(including legal costs and expenses for other professionals) which may
arise from your company¨s breach of any of the terms and conditions of
this Agreement or any other documents included, by reference, into this
Agreement, or violation of law or infringement upon the rights of the
third party.
15. Observation of Law
Your company shall observe all laws, rules, ordinance and regulations
related to your company¨s actions of using of Services and bidding, purchasing
and selling any and all goods and providing any trade information.
16. No Agency Relationship
Your company and Joinlink are only independent contractors. This Agreement
doesn¨t intend to enter or create any agency, partnership, joint venture,
employer-employee or licensor-licensee relation.
17. Advertising and Financial Services
The communications or business contacts or other promotional activities
between your company and other persons making advertisements on the Services,
or solicited through Services, including payments and delivery of goods
or services and any other terms, conditions, warranties or statements
in relation to such activities, shall only be limited to activities between
your company and such persons making advertisements. Your company agrees
that Joinlink is not liable to any losses or damages that may result from
such business activities or appearance of such persons advertising on
the Services. If your company intends to create or participate in any
services in relation to any companies, stock market, investment or any
securities through Services, or receive or require any news, warning information
or any other information in relation to any companies, stock market, investment
or securities, your company must note that Joinlink will not be liable
to correctness, availability or profitability of any such information
transmitted through the Services, and will not be liable to any transaction
or investment decision made on the basis of such information.
18. Links
The Services or the third party may provide links to other sites or
sources. As Joinlink doesn¨t control such sites or sources, your company
acknowledges and agrees that Joinlink is not liable to the availability
of such sites and sources and will not recognize such sites or sources
or any content, promotion, products, services or any other materials obtained
from such sites or sources, and will not be liable for the same. Your
company further acknowledges and agrees that Joinlink is not liable to
any damages, direct or indirect, resulted from (or purported resulted
from) using or relying upon such content, promotion, products, services
or other materials obtained from such sites or sources.
19. Notices
Unless otherwise expressly stated, all notices shall be delivered in
way of email to the email address provided to Joinlink by your company
in registration, or such other address as designated. The emails shall
be deemed to have been served 24 hours after sending, unless the sender
is notified that the related email address is void. Or, our company may
deliver the notice to the address provided by your company to Joinlink
in registration with prepaid registered mail requiring return. In such
case, the notice shall be deemed to have been served three (3) days after
delivery to the post.
20. Force Majeure
Under no circumstances shall Joinlink be held liable for an delay or
failure of performance resulted from causes beyond its reasonable control,
including but without limitation to natural disasters, strikes or civil
disturbance, shortage of materials or rationing, riots, war, governmental
actions, telecommunications or any other equipment failures or serious
accidents of injuries or deaths.
21. Assignment
Joinlink may assign this Agreement without consent from your company.
22. Others
This Agreement constitutes the entire agreement between your company
and Joinlink with respect to access to and use of the Services, superseding
any prior written or oral agreements made between your company and Joinlink.
This Agreement shall be governed by the laws of the Mainland China. If
any provision herein is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced. Headings
are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section. Our company¨s failure
to enforce any right or failure to act with respect to any breach by your
company under these terms and conditions will not waive our company¨s
right to act with respect with subsequent or similar breaches.
23. Arbitration
All disputes arising out of, or in connection with, this Agreement or
our company¨s Services shall be submitted to Guangzhou Arbitrary Committee
for arbitration in accordance with its arbitrary rules. Any such dispute
shall be solely arbitrated, which shall not be settled in the arbitration
of any other dispute. Arbitration shall be made in Guangzhou, China, and
the arbitrary award may be submitted to any court with jurisdiction for
enforcement. Your company or Joinlink may, during arbitration, appeal
to the court with jurisdiction in Guangzhou, China, for any interim or
preliminary remedies necessary for protection of the rights or properties
of your company or Joinlink, including but without limitation to attachment
or preservation of evidence.
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