GuangDong Yessa Intelligent Technology Co., Ltd. (hereinafter: ESSA), as the purchaser of the services provided by the purchaser in accordance with the following terms and conditions, please carefully read and abide by: These terms and conditions apply to the use of ESSA platform buyers website (domain name: www.essa.cn), provided by the buyers (hereinafter: You) and sellers and other users of trade and exchange between various tools and services.
Buyer shall carefully read the terms and conditions of the risks involved in the Terms of Service, and shall clarify and understand the legal significance and legal consequences of the signing action, including the provisions of the relevant provisions of [Caution], [Signed Action] and [Terms and Conditions of Amendment] Prompting, informing and confirming;
1.1 [Caution]: Be sure to read carefully and fully understand the terms and conditions, in particular the terms of the exemption or limitation of liability, applicable law and dispute resolution provisions. The terms of exemption or limitation of liability will be underlined in bold, and buyers should focus on reading. If you have any questions about the terms of service, you can consult ESSA, buyers in the full, clear and correct understanding and acceptance of the terms of the contents of the application to the ESSA registration;
1.2 [Signed Action]: When you fill in the information according to the registration requirements and tips, read and agree to and sign the Terms of Service, you have fully read, understand and accept the Terms of Service, and ESSA Terms of Service Agreed to become the ESSA "buyers." If you do not agree with the Terms of Service or any of the terms set forth in this Terms of Service, you should immediately stop the registration process.
1.3 [Terms and Conditions of Amendment]: ESSA reserves the right to revise the terms of the Terms of Service and update it in the form of an announcement on the Site. It will not be notified to you individually. The revised Terms are effective as of publication on the ESSA Platform. If you do not agree with the relevant amendments, please immediately stop using the "service." If you continue to use the Service, you are deemed to have accepted the amended Terms and Conditions, and when you are in dispute with ESSA, the most recent Terms shall prevail.
ESSA is based on the Internet, to include ESSA platform Web sites, customer terminals, telephone, e-mail, etc. in various forms (including the future technological development of new forms of service) to provide you with services, Limited to the buyers and their sellers to provide platform technology and information services.
Including all the rules, interpretations, announcements, etc., which have been published and subsequently released in all ESSA regulatory channels, as well as various rules, implementation rules, product flow statements and announcements issued by the platforms in forums and help center. See (ESSA Platform Rules at www.essa.cn).
ESSA's use of ESSA's account name and password to log in to the ESSA, or ESSA rules in accordance with the ESSA after any operation, are regarded as buyers in the "use of ESSA services", such as log The act itself is the "use of ESSA services";
In accordance with the requirements of ESSA to submit the registration application and registration required information, through the ESSA audit and obtain the buyer account user name and password process. 【Note: The purchaser can submit the registration application electronically via the online platform and apply to the ESSA platform for registration, all of which shall be submitted to the ESSA for verification according to the regulations.
ESSA provides the applicant with the application for registration of documents and information is only a formal review, that is only the applicant to provide the form of application materials with the requirements of the review is to review whether the application materials are complete, in line with ESSA requirements. The authenticity, legality and validity of the application materials shall not be examined. The authenticity, legality and validity of the materials are the responsibility of the purchaser (you).
The buyer's account is the user's name and password obtained by the ESSA platform after the buyer's ESSA registration requirements and the related documents are submitted. The account is the unique identifier of the buyer in ESSA's participation in trading activities.
Buyer agrees that the interpretation of the above and related terms and concepts shall prevail and that ESSA shall have the final interpretation of the above terms and concepts in the event of any dispute as to the meaning of the above terms or concepts;
As a result of the rapid development of the Internet, the terms and conditions set forth in this Terms of Service signed by you and ESSA are not exhaustive and cover all your rights and obligations with ESSA. Existing agreements do not guarantee full compliance with future development requirements. Therefore, ESSA has released or may be released in the future legal statement and privacy policy, ESSA rules, ESSA management rules and points rules and systems are the terms of the supplement to the terms of service, and ESSA future Internet-based development or ESSA management rules and rules and rules of the system are also supplementary provisions of these Terms of Service, and the terms of service are inseparable and have the same law. The ESSA rules and regulations, Effectiveness, in the relevant new rules or systems with the terms of service agreement inconsistent with the latest published content shall prevail. If you continue to use the ESSA Services after the release of the relevant new rules or revised Content, you are deemed to agree and acknowledge and accept the above additional terms.
[Registration qualification] You shall be an individual or enterprise with full civil capacity, individuals or enterprises with toy procurement and international trade requirements, and account registration shall submit the registration information and information according to the requirements of the ESSA platform.
[Promises and Warranties] You undertake and warrant that any changes or updates to the information submitted to the ESSA will be promptly notified and submitted to the ESSA. You should bear all legal responsibilities for the authenticity, legality, accuracy and validity of the information submitted by you. If you submit a false information to cause a dispute or be punished by the relevant state organs, you are solely responsible for all legal liabilities. ESSA (including the ESSA's partners, buyers and other users) loss, you should be compensated.
Buyer's account is the user's name and password obtained by the ESSA after the ESSA's registration requirements are met and the relevant documents are submitted. The account is the unique identifier of the purchaser participating in ESSA on all platform activities.
When you follow the registration tips to fill out the information, read and agree to the terms of service and through the ESSA audit【ESSA audit is a formal audit, your submission does not make any substantive examination of the documents submitted for your authenticity, legitimacy You are responsible for all], and complete all the registration process, access to user names and passwords, you become a registered user ESSA.
You have the right to log in to ESSA using the account name you have obtained with ESSA registration and the password (account name and password) you have set up to operate and use in ESSA according to the ESSA rules or to enjoy the services provided by ESSA. If your account and password are correct, you can log in to ESSA, and your account will be regarded as your own actions and actions after you log in to ESSA. All actions will be regarded as the result of your true intention. , And you are responsible for the actions and legal consequences of your account.
ESSA only allows the same legal entity (purchaser) to have a single ESSA master account on the platform. The purchaser can apply for the subaccount under the account for trading and communication on the platform, according to the ESSA Of the sub-account registration rules apply.If ESSA finds that the same buyer violates the above rules and applies for multiple ESSA master accounts, ESSA reserves the right to block other master accounts, except for one of the master accounts.
Since the user account is associated with user credit information, you may transfer your account only if there is a legal express provision, a judicial decision, or ESSA agrees and conforms to the ESSA platform rules for a user account transfer process. Once your account is transferred, the rights and obligations under that account are transferred. In addition, your account can not be transferred in any way, otherwise all the resulting responsibility borne by you.
[You initiated the cancellation] You have the right to cancel the account in any of the following ways:
(i) You have issued an application for withdrawal when you meet the conditions for withdrawal from the ESSA website;
(ii) If you stop using the change and expressly refuse to accept the change before the effective date of the change;
(iii) You expressly refuse to continue using ESSA and have filed an application for termination in accordance with the ESSA application Termination Conditions.
【ESSA-initiated Cancellation】ESSA may, upon notice in the manner set out in Article 10 of these Terms of Service, terminate service immediately upon the arrival of the following:
(i) You violate the terms of service agreement;
(ii) ESSA has sealed up your account in accordance with the ESSA Rules if you have misappropriated others 'accounts, published prohibited information, defrauded other people's belongings, sold fake goods, disturbed the market order, or took unfair means for profit.
(iii) In addition to the above circumstances, ESSA has canceled or frozen your account in accordance with the ESSA platform rules, because you have repeatedly violated the relevant provisions of the ESSA Platform Rules and the circumstances are serious;
(iv) Your account has been recalled or canceled by ESSA in accordance with these Terms of Service;
(v) You have fraudulently published, published or sold fake and shoddy / infringing goods in ESSA, infringing upon the lawful rights and interests of others or other serious breach of contract;
(vi) Your actions have caused ESSA and its affiliates to cause harm and damage;
(vii) Other circumstances in which the account should be canceled.
(i) The documents or documents that you have submitted are forged, altered or falsified documents;
(ii) Your commercial license is revoked by the relevant department;
(iii) You have not logged on to ESSA for 6 consecutive months;
(iv) The information provided by you at the time of registration is untrue or false;
(v) You use ESSA to engage in any suspected criminal conduct;
(vi) You are in violation of ESSA national laws and regulations prohibit the provisions;
(vii) You use ESSA to engage in any feudal superstition, obscenity, pornography, gambling, violence, terror or abetting crime;
(Viii) Your activities in ESSA infringe upon the intellectual property rights of others or involve third party trade secrets and other proprietary rights;
(ix) You have infringed upon the lawful rights and interests of others by insulting, slandering, intimidating, involving others' privacy through ESSA;
(x) You have the behavior of malicious software and program code that may destroy, tamper with, delete, affect ESSA's normal operation or unauthorized access to ESSA and other users' data and personal data, such as viruses, Trojans and reptiles;
(xi) When you breach of contract, there are special circumstances such as fraud, sale of fake or embezzlement of another person 's account or if you have a risk to the transaction security or account security risk of others;
(xii) You have taken any action that is detrimental to the security of the ESSA system;
(Xiii) You have acquired, by any means, any rights or functions other than those granted by ESSA;
(xiv) Other serious violations of the ESSA management rules and regulations of behavior;
If you have caused ESSA and / or its affiliates to suffer losses (including direct economic losses, loss of goodwill and external payments, and indirect economic losses such as claims, attorneys' fees and legal costs), you should indemnify ESSA And / or its affiliates.
[Disclosure of User Information] After the account is canceled, ESSA is not obliged to disclose any information in your account to you or any third party you designate, except as expressly provided by law.
[ESSA Entitlement] Upon cancellation, ESSA shall have the following rights:
(i) Continue to retain all types of information you retain in ESSA, including but not limited to transaction history, transaction information, transaction data and all such information, Third party disclosure;
(ii) In accordance with these Terms of Service, ESSA may hold you liable for breach of contract in respect of your past defaults.
[Transaction Processing] After the cancellation of the account, ESSA may notify the counterparty of the transaction and decide whether to close the trading order according to the intention of the counterparty. If the counterparty of the transaction continues to perform , you shall continue to perform the terms of these Terms of Service and the trading order in respect of such trading orders and shall bear any loss or any consequential increase in costs.
Any information you provide to ESSA or other users, including but not limited to, data, text, software, music, or any other material, in any public information or through any email, in the course of using the account to provide information or trade in goods or services, Sound, photographs, drawings, images, words, or other materials, and ESSA is solely responsible for the passive distribution of your information on the Internet.
When using the ESSA service, you should provide accurate and complete information (including your name and e-mail address, telephone number, contact address, etc.) as prompted by the ESSA platform page so that ESSA or other users of the platform can contact you.
You should provide the relevant information in a timely manner, in the law clearly requires ESSA as a platform service provider must be on the user (such as buyers, etc.) to verify the information, ESSA will from time to time to check your information, shall be provided with the latest, true and complete information.
If ESSA fails to contact you as provided by your last updated information, you have not provided the information as requested by ESSA in a timely manner, and the information you provide is materially untrue, and you will be liable to you, others and ESSA Of all losses and adverse consequences.
When you receive your account, you should immediately change your login password, the password is changed and kept by you, therefore, it is recommended that you take the necessary measures to properly keep their login name and password, not to disclose.
You are solely responsible for the confidentiality of your account's login and password, and you are responsible for all activities that occur under the login and password, including but not limited to information disclosure, online click agreeing or submitting various rules of service terms, online renewal of terms of service or Purchase of goods and services, etc.). You agree to: (a) immediately notify ESSA of any unauthorized use of your account login name, nickname and password, or any other breach of confidentiality; and (b) to ensure that you receive, at the end of the period, take the correct steps to leave the site. ESSA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You understand that ESSA takes reasonable time to act on your request, and ESSA is not responsible for the consequences (including but not limited to any loss incurred by you) prior to taking action. Your account login name, nickname, and password may not be transferred, donated or inherited in any way, except as provided by law or a judicial decision, with the consent of ESSA (other than the property interest associated with the account).
Account you take the initiative to disclose or suffer another attack, fraud and other acts resulting from the loss and consequences, by your own. [Note: You should be on your account whether there is active or passive disclosure or suffering from other attacks, fraud and other circumstances bear the burden of proof obligations and responsibilities]
In addition to any intentional or gross misconduct, ESSA shall be solely responsible for all conduct (including but not limited to the signing of various terms of service, the publication of information, the purchase or purchase of goods and services, and the disclosure of information) under your account.
If you find any unauthorized use of your account to log into ESSA or other situations that may result in your account being stolen or lost, we recommend that you inform ESSA immediately and authorize ESSA to synchronize this information with the associated third party of the platform. You understand that ESSA takes reasonable time to act on any of your requests, and ESSA shall not be liable for any consequences that may have been incurred prior to taking action, unless ESSA is at fault.
(i) ESSA provides you ESSA website and operating platform development system tools and client and other technical services;
(ii) ESSA provides you with information about the goods and services sold by the seller to facilitate your purchase and transaction on the ESSA.
(iii) ESSA provides you with dispute mediation services;
(iv) Through third-party supply chain (or third-party service provider) on ESSA, third-party provides trade-related services such as logistics, customs declaration, etc., and you enter into specific transaction details, contract and perform corresponding obligations with your third party ;
You acknowledge and confirm that ESSA is only a third-party, neutral platform that provides recommended trading partners and trading opportunities.
You expressly understand and agree that ESSA shall not be liable for any damages, including but not limited to, liquidated damages for loss of profits, goodwill, use and data, or other intangible losses (whether ESSA has been advised of the possibility of such damages or not)arising from any of the following circumstances:
(i) Damages arising from failure to use the ESSA Platform Services in accordance with the Program;
(ii) Fees with respect to the acquisition of any goods, samples, data, information or services through or from the Services, or the receipt of any information or conclusion of any transactions or the acquisition of substitute goods and services through or from the Services;
(iii) Unauthorized access or modification of your information or data transmitted;
(iv) Statements or conduct relating to the Services by any third party,(Note: The ESSA platform does not authorize any third party on any platform to post any claims or actions on behalf of the ESSA platform);
(v) Any other matter relating to the ESSA Services however arising, including negligence.
ESSA will use its best efforts to ensure that you will use ESSA. However, ESSA cannot foresee all technical problems or other difficulties at all times. Such difficulties may cause data loss or other service interruptions. Therefore, you expressly understand and agree that you will individually assume the risks in using Services and that the Services are provided on an “as is” and “as available” basis. ESSA expressly disclaims any and all warranties of any kind, express or implied, including but not limited to any warranties of merchantability, fitness for a specific purpose and non-infringement. ESSA does not warrant that:
(i) the Services will satisfy your requirements;
(ii) the Services will not be interrupted, will be timely, secure and free of any errors;
(iii) the results obtained by using the Services will be accurate or reliable;or
(iv) the quality of any products, services, data or other materials purchased or obtained by you through the Services will meet your expectation. Any material downloaded or otherwise obtained through use of the Service is done at your sole discretion, and you will be solely responsible for all associated risks. You shall be solely responsible for any damage to your computer system or any loss of data that results from the download of such materials. No advice or information, whether oral or written, obtained from ESSA or through or from the Services shall create any warranty not expressly stated in this Agreement.
You should ensure that it will only legally purchase goods and / or services on ESSA. You will not purchase and / or provide the following services on ESSA:
(i) It is in violation of the prohibition provisions of the state laws and regulations;
(ii) Political propaganda, feudal superstition, obscenity, pornography, gambling, violence, terror or abetting crime;
(iii) Insulting, defamatory, intimidating, involving the privacy of others and infringing on the legitimate rights and interests of others;
(iv) Any malicious software or program code that may destroy, tamper with, delete or affect the normal operation of ESSA system or unauthorized access to ESSA and other users' data or personal data, such as viruses, Trojans and reptiles;
(v) Other activities that violate public interests or public morals or are prohibited to be procured on the platform in accordance with the provisions of the relevant ESSA Terms of Service and Rules;
You represent and warrant that you will strictly abide by the above-mentioned prohibition provisions and that you will be liable for any legal liability arising out of any of the above-mentioned purchases by ESSA during the course of your business or transaction and ESSA may In accordance with the law or in accordance with the terms of service to delete or block or terminate.
ESSA does not currently charge any service fees. However, ESSA publishes the latest charging policy if ESSA need to charge for the corresponding service fee of Aricle 5.1.1 and other charges that ESSA agrees to pay and bear with ESSA in the process of using ESSA.
ESSA is responsible for providing ESSA services to you "as is" and "as available". ESSA is legally bound to assume basic protection obligations but is not liable for damages resulting from failure of information network equipment maintenance, connection failure, computer, communication or other system failure, power failure, strike, riot, fire, flood, storm, explosion, war, government action, The order of the judicial administration or the third party for the cause of the damage caused by the results of your responsibility.
ESSA provides ESSA services only to you, and you understand that the information on ESSA is self-published and may be subject to risks and defects. In view of the fact that ESSA is characterized by the separation of information from physical objects in a mass information and information network environment, ESSA can not review the information on goods and / or services one by one and can not review the quality, safety and legality of the goods and / or services involved in the transaction , Authenticity, accuracy, which you should be cautious to judge.
All activities on the ESSA shall be governed by the laws and rules of the ESSA, and the legal information provided by you on ESSA shall be protected by law.
ESSA very respects and strictly protect the personal information of the users.(ie, information that can be identified independently or in combination with other information), and you agree that ESSA collects, stores, and uses the services provided by ESSA in accordance with the privacy rules published on ESSA , disclosure and protection of your information. ESSA wishes to clarify your ESSA's handling of your information through our privacy policy, so ESSA recommends that you read the privacy policy in its entirety (click on www.essa.cn) to help you better protect your privacy right.
You agree that: You may not use or disclose ESSA's trade secrets for your own or third party's interests, for any other purpose or use, or in any way disclose or make available to any third party.
You agree that: You should take all necessary custodial actions with respect to ESSA's disclosure or use of the ESSA Platform to know or obtain ESSA's trade secrets.
You grant to ESSA and its affiliates the right to exclusive worldwide license and sublicense to other third parties during the term of copyright protection for the information, text, images, videos, audio and other information you provided. You agree that ESSA and its affiliates store, use, reproduce, revise, edit, publish, display, translate, distribute or otherwise distribute your information or make derivative works thereof in known or later developed form, media or technology Into other works. To facilitate your use of ESSA's services, you authorize ESSA to pass on information you provide and form to ESSA and other related service providers such as accounts, or from ESSA platforms, etc. during the process of registering and using ESSA platform services. Other relevant service providers obtain information that you provide during registration and use of the Services.
ESSA provides E-commerce trading platform and corresponding technical support services to ESSA in accordance with these Terms of Service, endeavoring to maintain the normal and stable operation of ESSA Platform, striving to upgrade and improve the technology, updating and upgrading platform functions and services. Improve platform performance and transaction efficiency.
ESSA actively responds to your questions, suggestions and opinions during the use of ESSA, and can provide reasonable guidance on the use of ESSA according to your requirements.
You agree and voluntarily comply with the rules and regulations of the ESSA according to relevant laws, regulations, policies and operating conditions of the platform. ESSA has the right to update and adjust the rules, procedures and charging standards published in ESSA.
ESSA shall have the right to supervise and inspect the registration information, relevant data information, other information published in "ESSA" and transaction behavior. You agree that ESSA will not notify you of the illegal information and related content. Immediately remove any other questions or concerns you may have, and you will be asked to give notice and corrections immediately upon receipt of the notice.
ESSA shall have the right to make a public announcement of "ESSA" in case of violation of laws or regulations as determined by the legal document or administrative document of the State, or in the case of finding a breach of contract in accordance with Article 8.3.2;
ESSA provides you with the tools to trade on the system and has the authority to set and adjust your access rights.
If you provide ESSA and / or its affiliates employees or consultants with physical, cash, cash equivalents, services, travel and other value significantly beyond the normal scope of business interests, you can be regarded as commercial bribery. In the event of such a situation, ESSA may immediately terminate all cooperation with you and collect liquidated damages and / or indemnities from you for ESSA's economic losses and goodwill losses incurred as a result of your bribery.
ESSA terminates the Terms of Service as a result of your serious breach of contract, for the purpose of maintaining order and protecting consumer interests, ESSA and / or its affiliates may take measures to suspend or terminate your services in connection with your other services and to notify you in the manner prescribed in Article 10 of these Terms of Service.
ESSA can follow the changes in national laws and regulations and maintain the order of the transaction, the protection of consumer rights needs, modify the terms of service (Hereinafter referred to as "Change") through legal procedures and in accordance with the provisions of Article 10 to notice to you. If you do not agree to the change, you have the right to contact the ESSA feedback before the effective date of the change. If the feedback is accepted, ESSA will adjust the change as appropriate.
If you do not agree with the changes that have taken effect, you should stop using the ESSA service from the effective date of the change, and the change will not be effective to you. If you continue to use the ESSA service after the changes take effect , You are deemed to agree to the change that has taken effect.
You agree that ESSA may provide you with a variety of notices in the following reasonable manner:
(i) Public announcement of ESSA;
(ii) ESSA station letter, plug-in pop-up message, the client push the message;
(iii) E-mail based on your ESSA contact information (which may be your reserved e-mail or the e-mail address of @ essa.cn obtained after registration), SMS, telephone and mail; You agree that ESSA shall have the right to serve a notice to you in any of the ways listed above, with the same legal effect;
The validity, interpretation, amendment, execution and dispute settlement of this Agreement shall be governed by the laws of the People’s Republic of China. In the absence of relevant laws and regulations, the general international business practices and/or trade practices shall apply.
Your dispute arising from the use of the ESSA Services and in connection with the ESSA Services shall be resolved by ESSA in consultation with you. When negotiations fail, any dispute arising out of or relating to this Agreement or the Services shall be referred to the People’s Court for litigation in the jurisdiction where Tianhe District, Guangzhou.