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Food2hina Terms of Service
You (hereinafter referred to as “the User”) are welcome to read and sign this Terms of Service Agreement (hereinafter referred to as “the Agreement”) with Guangzhou Food2China Co., Ltd. (hereinafter referred to as “the Company”. The clauses and conditions of the Agreement apply to the User using the various tools and services (hereinafter referred to as “the Service”) provided by the FOOD2CHINA website (food2china.com,hereinafter referred to as “Food2China” or “the Website”) for trade and communication in the B2B ecommerce market.
Acceptance of the Agreement
• The content of the Agreement include the main body of the Agreement and all the rules that the Company has issued or may issue in the future. The rules are an integral part of the Agreement and have the same legal effect as the main body of the Agreement.
• The User should carefully read and fully understand the Agreement before agreeing to it, especially the parts regarding exemption or limitation of liability, which are marked in bold or underlined. The User please read these parts with special attention. If the User has any questions, please send inquiries with the contact information provided by the Website. If the User does not raise an objection within a reasonable period of time and use any service provided by the Website, it means that the User has read, fully understood and agreed to the terms of the Agreement.
• The Company can change the terms of the Agreement anytime at its sole discretion. If there are any changes of the Agreement, the Company will put a notice on the Website to inform the User. The revised terms will become effective automatically once they are published on the Website. If the User does not agree to the changes, they should stop using the Service immediately; otherwise, it means that the User has accepted the revised terms and the latest service Agreement shall prevail when a dispute occurs between the User and the Company. A written supplementary agreement should be signed if there is any amendment of the terms between the User and the Company.
User Qualification
• The Service is only provided to natural persons or legal persons with corresponding capacity for civil conduct to act as a user of the Website according to the law of People's Republic of China. The User confirms that he possesses the aforementioned capacity for civil conduct before the first time he uses the Website Service. If the User does not have the foregoing capacity of civil conduct, the User or the guardian of the User shall bear the consequences in accordance with the law, and the Company has the right to temporarily or permanently stop the Service to the User. If the User represents a company or other legal subjects, the User guarantees that he is a legally authorized representative of the company or the legal subject and that the company or the legal subject shall be restrained by the Agreement.
• the Company has the right to terminate the Service to the User at its sole discretion.
User Data
• Definition: in the Agreement, "user data" refers to any information that the User provides to the Company or other users in the process of registration, trading, or enumerating items, in any public occasions, through e-mail or other forms, including data, text, software, music, sound, photos, pictures, images, words and other materials.
• The User ensures that he possesses full right of the User data he provides to the Company and/or the Website. The User confirms that the Company is not obliged to identify or decide which user data should be protected and how other users use the User data. The User should take full responsibility for the User data. The Company only serves as a passive channel for the User to publish user data online. Basing on its independent judgment, if the Company decides that any of the following situations occurs, the Company has the right to take any actions regarding user data that it deems necessary or appropriate, including but not limited to deletion of the data:
a)the User data may cause the Company to bear any legal or moral responsibility;
b)the User data may cause the Company to lose (part or all of) the services provided by its Internet facilitators or other suppliers; or
c)The User has not logged in to the Website within the time limit stipulated by the Company.
Registration Obligation
By registering on the Website, the User agrees to:
a) provide authentic, accurate, complete and current information about himself or the company or the legal subject that he represents according to the requirements of the Website;
b) maintain and update membership information in a timely manner to keep it authentic, accurate, complete and current; and
c) if the User provides any information that is not true, accurate, complete or current, or if the Company has justified reasons to suspect that the User's information is not true, accurate, complete or current, the Company has the right to suspend or terminate their membership, and prohibit the User from using the Service (part or all) in any forms at present or in the future.
Login Name, Password and Secrecy
During the registration process, the User needs to choose a login name and a password. The User shall be responsible for the secrecy of the login name and password, and all the activities which happen in the name of the account. The User agrees that:
a) if he finds any unauthorized use of his login name or password, or any other violations of the confidentiality regulations, he shall notify the Company immediately; and
b) the User should log off the Website with correct steps to ensure the safety of his account information; the User shall bear sole responsibility for any loss or damage which occurs because he fails to comply with this clause:
User Data and Articles
The User guarantees that the User data, articles (tangible or intangible,exiting in any forms on the Website for legitimate trade), rights or benefits, bills or securities, service or acts (hereinafter referred to as “Articles”) that he provides on the Website shall not:
a) infringe upon any third party's right of property, copyright, patent, trademark, trade secrecy or other intellectual property right, right of privacy or reputation;
b) violate any laws, rules or regulations (including but not limited to these regarding export control, trade quotas, consumer protection, unfair competition or false advertising);
c) contain fraudulent elements, or counterfeit or stolen goods;
d) contain libel (including commercial libel), illegal intimidation or illegal harassment content;
e) contain obscene or any child pornographic content;
f) contain any virus, harmful programs, computer worms, time program bombs, or other computer programs that deliberately destroy, maliciously disturb, secretly intercept or encroach any system, data or personal information;
g) be directly or indirectly linked with the following articles or contain description of the following articles:
  1)articles prohibited by the Agreement; or
  2)articles that the User does not have the right to be linked with or contain.
h) use the Service to send chain letters or a large number of junk mails, or duplicate redundant information;
i) collect others’ e-mail addresses and other information without their permission; ;
j) use the serve to make false e-mail addresses, or in other ways try to mislead others regarding the identity of the sender and the source of the information; or
k) publish, sell or buy the following articles:
  1)articles prohibited or retrained by the state:
  2)articles infringing upon others’ intellectual property right or other lawful rights and interests:
  3)articles which may cause the Company to violate any relevant laws, regulations or rules; or
  4)articles which the Company believes should be prohibited or is inappropriate to sell or buy on the Website
Charge
• The Company reserves the right to collect service fees after taking reasonable means and informing the User in advance. The User shall bear the costs from business transaction, paid service acquired from the Company, taxes for using the Company’s server, or relevant hardware, software, and communication and network services. The Company reserves the right to temporarily or permanently change or suspend part or all of the Service by only publishing announcements on the Website without sending written notice to the User.
The Website Site Only Serves As the Trading Place
• The User agrees that the Website is only the place for the User to find trade partners, conduct negotiation regarding products and services, and acquire various trade-related services. The Company cannot control the quality, safety or legality of the goods involved in the exchange, the authenticity or accuracy of the trade information, and the capacity of the trading parties to fulfill their obligations under the terms of the trade agreements. The Company cannot and will not control whether the trading parties would fulfill their obligations under the agreements.
The User Grants the Company the Right of Use
• The User grants the exclusive, global, permanent right of free use to the Company, and the Company can transfer the right to third parties and bring a lawsuit against infringement acts of third parties in its own name. The Company and its related companies have the right to wholly or partly use, replicate, revise, rewrite, publish, translate, distribute, execute and display user data or produce its derivative works, and / or incorporate the User data into other works with any forms, media or technology known now or developed later.
Privacy
• Notwithstanding the use right stipulated in clause 6, the Company will only use user data according to the Company's privacy statement. The privacy statement is part of the Agreement, which the User must read and understand fully. Once the User voluntarily discloses his data at the Company's trading place, he agrees that such data may be obtained and used by others.
Transaction Procedure
Add Product Description Entry
• In the Agreement, "product description" refers to the information provided by the User on the Website in the form of text description, picture, photo and / or video, including but not limited to:
1)In the Agreement, "product description" refers to the information provided by the User on the Website in the form of text description, picture, photo and / or video, including but not limited to:
  a)description of a product owned by the User who wishes to sell; or
  b)description of a product that the User is looking for.
2)The User can publish any kind of product description on the Website, or publish the above two kinds at the same time, on the condition that the User must put the descriptions into the correct categories. The User should take full responsibility for the accuracy or content of the product description.
Trade Negotiation
• The dealing parties negotiate with each other by clearly describing the offers and the counteroffers. The parties are obliged to complete the transaction and cannot withdraw the offer, counteroffer and commitments if the offer or the counteroffer is accepted by the other party, unless in special circumstances in which, for example, the offerer substantially changes the product description or clarifies any errors in the description, or cannot verify his identity required for the transaction after the other party accepts the offer.
Settlement of Trade Disputes
• The Company will not participate in any transactions between the Users, or be involved in any legal relations or disputes arising from transactions between the Users.
• The User should settle his disputes with other users or third-party facilitators who provide service through the Website according to the law, and exempt the Company (and its agents and staff) from any liability for (actual or consequent) claims, requests and damage compensation arising from the disputes or in any way related to the disputes.
Information Judgment
• The Company cannot and will not control the information provided by the User through the Service. The Company reminds the User that user data may be irritating, harmful or inaccurate, and in some cases may have an incorrect or fraudulent indication, and the User should be careful and use common sense to make judgments when using the Website.
Trading System
No Manipulation of Transaction
• The User agrees not in any way to manipulate the results of business negotiations with other parties.
System Integrity
• The User agrees not to use any devices, software or procedures to intervene or try to interfere with the normal operation of the Website or any transactions on the Website.
• The User shall not take any actions that bring unreasonable or disproportionate load on the Company's network structure.
• The User shall not disclose his password to any third parties, share the password with any third parties, or use the password for any purposes that have not been approved by the Company.
Feedback
• The User shall not take any actions that may damage the integrity of the information feedback system, such as using a second membership identity or making a third party to send a positive feedback to himself, using a second member identity or making a third party to send a negative feedback to other users (bombing with feedback data)
• or sending negative feedbacks (imposed negative feedbacks) to other users for their certain behaviors not related to their performance in the transactions.
No Commercial Use of the Website Information
• The User agrees not to make commercial use of any information, such as copying any information displayed on the Website without prior written approval of a senior manager authorized by the Company.
Advertising and Financial Services
• If the User engages in business contact with advertising service providers through the Service or takes part in promotion events held by the advertising service providers, during which process, any business activities between the parties, including but not limited to payment and delivery of articles, and any terms, conditions, warranty or statements related to the business, only occur between the User and the advertising service providers. The User agrees that the Company bears no responsibility for any loss or damage arising from the aforementioned business contact.
• If the User tries to create or participate in any service related to any companies, stocks, investments or securities through the Service, or receive or require any news information, warning information, or other information related to any companies, stocks, investments or securities through the Service, please note that the Company bears no responsibility for the accuracy, usefulness, availability and profitability of any such information transmitted through the Service, and are not liable for any transactions or investment decisions based on such information.
Termination or Access Restriction
• With no membership fees charged , the Company may decide to terminate the User's account or password (part or all) or the User's use of the Service for any reasons at its sole discretion, and delete the information submitted by the User in the process of using the Service. The foregoing reasons include but are not limited to:
  1) the Company believes that the User has violated the literal meaning and spirit of the Agreement;
  2) the Company believes that the User acts in a manner that does not conform to the literal meaning and spirit of the Agreement; or
  3) the User has not logged in to the Website with the account number and password for more than 90 days.
• In the case of a paying user, the Company can carry out the above service-termination act on the basis of reasonable doubt and written notice in any form, and the Company can suspend the Service (part or all) at any time with or without a notice.
• According to the Agreement, the measures the Company take to terminate the Service to the User include, but are not limited to:
  1)invalidating the User’s account immediately
  2)revoking the User’s account and all relevant information and files in the account; and / or
  3)denying the User further access to such files or the Service.
• After the termination of the User’s account, the Company has no obligation to
  1)retain any information that is relevant to or in the account for the User ;
  2)forward any information that has not been read or sent to the User or any third parties; or
  3)bear any responsibility for the User or any third parties because of the termination of the User’s access to the Service.
Liability for Breach of Contract
• In any of the following cases, without ruling out the possibility of taking other measures, the Company may immediately issue a warning, temporarily suspend or permanently terminate the User's membership, and delete the User’ account and any existing product information under the User account and any other information of the User displayed on the Website:
  1)the User violates the terms of the Agreement;
  2)the Company is unable to verify or authenticate the information provided by the User ;
  3)the Company believes that the behaviors of the User may cause any legal liability to the Company, the Website, other users, or third-party facilitators who provide service through the Website; or
  4)the Company finds out that the User is engaged in fraudulent activities through the Website.
Service Is Provided "as-is"
• The Company strives to enhance user experience on the Website. However, the Company cannot foresee all technical problems or other difficulties at all times. Such problems and difficulties may lead to data loss or service interruptions. Thus, the User clearly understands this and agrees to bear the risk of using the Service. the Service of the Company and the Website is provided "as-is".
• The Company does not make any express or implied statements and warranties, including but not limited to:
  1)marketability, applicability to a specific purpose and no infringement;
  2)the Service will meet the requirements of the User;
  3)the Service will not be interrupted, and is timely, safe and without errors;
  4)the information obtained through the Services is accurate or reliable; or
  5)the quality of any products, service, information or other materials purchased or acquired through the Service will meet the expectation of the User.
• The User downloads or obtains any materials through the Service at his sole discretion, and thus shall bear the corresponding risks by himself.
Scope of Liability
• the Company is not liable for any tangible or intangible loss or damage arising from any of the following circumstances, including but not limited to loss or damage related to profit, business reputation, use, data, etc., whether or not the Company has been informed of the possibility of compensation for such loss or damage:
  1)using or failing to use the Service ;
  2)purchasing or acquiring any goods, samples, data, materials or services, receiving any information, or concluding any deals through the Service;
  3)access or change the User 'transmission data without permission; or
  4)any third party's statement or behavior regarding the Service, or any other matters related to the Service caused by any reasons, including negligence
Links
• The Website or third parties may provide links to other websites or resources. As the Company has no control over such websites and resources, the User understands and agrees that the Company is not responsible for the availability and reliability of the foregoing websites or resources. The User further understands and agrees that the Company is not liable for any direct or indirect loss caused (or allegedly caused) by using or relying on any contents, publicity, products, services or other materials obtained from such websites or resources.
Compensation
• If the User violates the terms of the Agreement, which causes the Company and its related companies (and their relevant agents and employees) any loss, damage and / or expenditure, the User shall fully compensate the Company and renounce the right of objection if the Company seeks equitable relief because of the violation.
Non-Agency Relationship
• No content in the Agreement shall be interpreted as forming any agency relationship, partnership, or joint operation relationship of any form.
Transfer
• Without prior written consent of the Company, the User shall not transfer any rights and / or obligations under the Agreement. No content in the Agreement shall affect the transfer of the Company’s rights and / or obligations to its related companies.
Waiver
• If the Company does not exercise or delays to exercise any rights or adopt any remedies stipulated in the Agreement or the law, it shall not be deemed that the Company has waived such rights or remedies. Furthermore, if the Company only exercises certain rights or takes certain remedies partially, it does not mean that the Company cannot further exercise the rights or take the remedies.
Continue to be Effective
• After the termination of the Agreement, clauses 13, 14, 16, 18, 19, 20 and 25 will continue to be effective.
Force Majeure
• Neither party shall be liable, if any delay, damage, loss, cost increase and / or any other adverse situations (hereinafter referred to as "force majeure events") happen due to causes beyond the reasonable control of either party, including but not limited to fire, floods, earthquakes or other natural disasters, plague, government instructions or orders, restrictions or orders from civil defense or military authorities, war, terrorism, riots or civil strife, and strikes or shutdowns.
• If one party cannot fulfill its obligations under the Agreement for more than thirty (30) days due to force majeure, the Agreement terminates automatically.
Notice
• Unless otherwise specified, any notice and / or communication related to the Agreement shall be delivered to the other party in written form in accordance with the detailed contact information provided by the parties.
• The Company’s email address contains the domain suffix of the Website, and the User’s email address is the one he provides at registration or in the process of using the Website, unless other email addresses are provided by the parties in written form.
• Emails shall be deemed as being delivered 24 hours after being sent, unless the sender has received a notice that the receiver’s email address has been nullified.The Company can send notices to the address provided by the User at registration or in the process of using the Website by prepaid registered mail with return receipt. In such a case, the registered mail shall be deemed as being delivered three (3) days after being mailed.
No Right for Third Parties
• Any third party who is not a party of the Agreement has no right to execute the Agreement.
Governing Law and Right of Jurisdiction
• The Agreement is governed by and construed in accordance with the laws of the People's Republic of China. Any disputes arising from or related to the Agreement shall be brought to the people's Court of Yuexiu District, Guangzhou.
Other Provisions
• The Agreement replaces any written or oral agreements previously entered by the User and the Company on the same matter.
• If any term of the Agreement is found to be invalid or unenforceable, the term shall be revoked and the remaining terms shall be enforced.
• The headings of the clauses are for the convenience of reference only, and do not in any way define, restrict, explain or describe the scope or limit of the clauses.
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