This Bangmaoda User Agreement (hereinafter referred to as “this Agreement”) is a contract entered into between Shenzhen Bangmaoda Technology Group Co., Ltd. (hereinafter referred to as “we”, “us” or “Bangmaoda”) and the user (hereinafter referred to as “you”) in respect of all products and/or services provided by Bangmaoda to you based on the internet platforms it operates.
Prior to using our products and/or services, you must carefully read and fully understand all terms of this Agreement. If you are a minor, you shall read this Agreement accompanied by your legal guardian. In particular, you must pay special attention to the important terms highlighted in bold, bold and black, and/or underlined.
If you disagree with this Agreement, you have the full and unconditional right to cease using our products and/or services. When you fill in the information as prompted on the registration page, read and agree to this Agreement, and complete all registration procedures, it means that you have fully read, understood and accepted all contents of this Agreement, reached an agreement with Bangmaoda, and become a “user” of this platform. If you disagree with this Agreement or any of its terms during the reading process, you shall immediately terminate the registration procedure.
If you have any questions, complaints, opinions or suggestions about this Agreement, you are welcome to communicate and provide feedback to us through the contact information attached to this Agreement, and we will be happy to answer your questions.
I. Parties and Scope of the Agreement
1.1 This Agreement is a contract entered into between you and Bangmaoda in respect of your use of the Bangmaoda Platform (referring to the Bangmaoda official portal (https://www.jlc.com) and other related services provided by Bangmaoda as an operator and technical service provider of internet platforms, hereinafter referred to as “this Platform”) and relevant matters of the services.
1.2 The Bangmaoda Basic Function Privacy Policy and any regulatory contents such as announcements and public notices issued by Bangmaoda shall be deemed as supplementary agreements to this Agreement and are inseparable from this Agreement. Your registration and use of the services of the Bangmaoda Platform shall constitute your agreement to the aforesaid supplementary agreements. In case of any inconsistency between the aforesaid contents, the content released most recently in terms of time shall prevail.
1.3 You confirm that when you select the parameter of your product demand through the Platform’s Order Assistant and submit it to us, you hereby entrust us to produce the products you need in accordance with your demand, and a principal-agent relationship is formed between both parties. We will select qualified suppliers as our partners to jointly complete your products. Upon your order placement, we will immediately arrange production in accordance with your demand, and no modification of demand is allowed after order placement. Therefore, please place your order with caution.
After the delivery of the products, we shall not be liable for any subsequent product problems not caused by us. At the same time, you shall not sell products in our name, nor use our trademarks in the process of using or disposing of such products.
II. Service Notes
2.1 Bangmaoda provides you with network services through the internet. To use this Platform, you must:
(1) Equip yourself with the necessary devices for internet access, including personal mobile phones, tablet computers, modems, routers, etc.;
(2) Bear all telephone fees, network fees and other expenses related to this service incurred from your personal internet access;
(3) Select the software version (if any) compatible with the installed terminal device.
2.2 In view of the importance of the network services provided by this website, you confirm and agree to:
(1) Provide true, accurate, complete, legal and valid registration information, and update such registration information in a timely manner if there is any change;
(2) If the registration information you provide is illegal, untrue, inaccurate or incomplete, you shall bear the corresponding liabilities and consequences arising therefrom, and we reserve the right to terminate your use of all services of this Platform.
2.3 You understand and agree that we will continuously strive to develop new functions and services to improve user experience and perfect service contents.
III. Account Registration
3.1 You acknowledge and warrant that you have full capacity for civil rights and civil conduct; or if you do not have full capacity for civil rights and civil conduct, you have obtained the consent of your parents and other legal guardians, and your parents and other legal guardians will act as your agent for the registration and use of all services of this Platform. If you register an account without having the corresponding capacity for civil conduct as aforesaid, you and your parents and other legal guardians shall bear all consequences arising therefrom in accordance with the law. You confirm that if you are under the age of 18, you may only use this Platform under the supervision and participation of your parents or other guardians.
3.2 You have the right to use the registration information you set or confirm. When registering an account, you warrant to comply with the bottom lines and criteria such as laws and regulations, the socialist system, national interests, legitimate rights and interests of citizens, public order, social morality and information authenticity, and shall not include illegal and harmful information in the registration information. You also warrant that you shall not have the following circumstances when registering and using the account:
(1) Violating the Constitution or the provisions of laws and regulations;
(2) Endangering national security, divulging state secrets, subverting state power or undermining national unity;
(3) Damaging national honor and interests, or harming public interests;
(4) Distorting, defaming, profaning or denying the deeds and spirits of heroes and martyrs, or infringing upon the name, portrait, reputation and honor of heroes and martyrs by insult, slander or other means;
(5) Advocating terrorism or extremism, or inciting the commission of terrorist or extremist activities;
(6) Inciting ethnic hatred or ethnic discrimination, or undermining ethnic unity;
(7) Undermining the national religious policy, or advocating cults and feudal superstitions;
(8) Spreading rumors, disturbing social order or undermining social stability;
(9) Spreading obscene, pornographic, gambling, violent, murderous or terrorist information, or abetting crimes;
(10) Insulting or slandering others, or infringing upon the legitimate rights and interests of others;
(11) Containing other contents prohibited by laws and administrative regulations.
3.3 Your Bangmaoda Platform account shall not be transferred or sold to any other party, and this Platform reserves the right to suspend or terminate your account at its discretion. In addition, you shall ensure that you are not the subject of trade restrictions, sanctions or other legal and regulatory restrictions imposed by any country, international organization or region. Otherwise, you shall cease using the services of this Platform, and you understand that a breach of the aforesaid requirements may result in the failure to normally register and use the services of this Platform.
3.4 To ensure the normal conduct of transactions, users must provide true and valid personal information to this Platform. If the personal information you provide is illegal, untrue, inaccurate or incomplete, you shall bear the corresponding liabilities and consequences arising therefrom, and we reserve the right to terminate your use of all services of this Platform.
3.5 Each user may only register and use one account of this Platform. If there is evidence to prove or Bangmaoda determines through technical means that you have improperly registered or used multiple accounts of this Platform, this Platform may take measures such as freezing or closing the accounts, canceling orders and refusing to provide services. If any loss is caused to this Platform and relevant parties, you shall also bear the compensation liability. In addition, for the needs of relevant business, we may also merge multiple accounts or relevant information of the same user. If such merger will have a substantial impact on your rights and interests, we will obtain your prior consent before conducting the aforesaid merger.
IV. Account and Service Usage
4.1 Since your account is associated with your personal information and the commercial information of this Platform, your account of this Platform is only for use by yourself/personnel of your company. If this Platform determines that the use of your account may endanger the security of your account and/or the information security of this Platform, this Platform may refuse to provide the corresponding services or terminate this Agreement.
4.2 Since the user account is associated with the user’s credit information, you may only transfer the account if it is expressly stipulated by law, ruled by a judicial organ, or agreed by this Platform and in compliance with the account transfer procedures stipulated by this Platform. Once your account is transferred, all rights and obligations under the account shall be transferred therewith. Save as aforesaid, your account shall not be transferred in any way; otherwise, we have the right to hold you liable for breach of contract, and you shall bear all liabilities arising therefrom.
4.3 You shall update the information you provide in a timely manner. If the law explicitly stipulates that this Platform, as a platform service provider, must verify the information of some users, this Platform will inspect and verify your information from time to time in accordance with the law, and you shall cooperate to provide the latest, true, complete and valid information.
4.4 If this Platform fails to contact you according to the last information you provided, you fail to provide information in a timely manner as required by this Platform, the information you provided is obviously untrue, or the administrative and judicial organs verify that the information you provided is invalid, you shall bear all losses and adverse consequences caused thereby to yourself, others and this Platform. This Platform may send you an inquiry notice and require you to re-authenticate, and may even suspend or terminate the provision of part or all of the services of this Platform to you. This Platform shall not be liable for the aforesaid matters to the maximum extent permitted by law.
4.5 Your account is set and kept by yourself, and this Platform will never take the initiative to request you to provide your account password at any time. Therefore, it is recommended that you keep your account properly, and ensure that you log out and leave this Platform in the correct steps at the end of each internet access session.
4.6 This Platform shall not be liable for any losses and consequences caused by the active disclosure of your account by you or the attack, fraud and other acts against you to the maximum extent permitted by law, and you shall recover compensation from the infringer through judicial, administrative and other relief channels.
4.7 Except where this Platform is at fault, you shall be liable for all consequences of all acts under your account (including but not limited to online signing of various agreements, publishing information, purchasing goods and services, and disclosing information).
4.8 If you find any unauthorized use of your account to log in to this Platform or other circumstances that may lead to the theft or loss of your account, it is recommended that you immediately notify this Platform. You understand that it takes a reasonable time for this Platform to take action on any of your requests, and the actions taken by this Platform at your request may not avoid or prevent the formation or expansion of infringement consequences. Except where this Platform is at fault under the law, this Platform shall not be liable to the maximum extent permitted by law.
4.9 When you purchase goods and/or services on this Platform, you must carefully confirm the important matters such as the name, price, quantity, model, specification and size of the purchased goods or the time, content and restrictive requirements of the services, and verify your contact address, telephone number, consignee and other information when placing the order. If the consignee you fill in is not yourself, the acts and declarations of will of the consignee shall be deemed as your acts and declarations of will, and you shall bear joint and several liabilities for the legal consequences arising from the acts and declarations of will of the consignee.
4.10 Your purchasing act shall be based on real purchasing needs, and you shall not conduct acts that disrupt the normal transaction order of this Platform such as malicious purchase and malicious rights protection of goods and/or services. For the needs of maintaining the transaction order and transaction security of this Platform, this Platform may take the initiative to perform operations such as closing relevant transaction orders when finding the aforesaid circumstances.
4.11 If you obtain coupons, points, cash or gifts through improper means (including but not limited to registering multiple accounts by the same user and other means), this Platform has the right to make an independent judgment and take measures such as freezing the member account, clearing points, invalidating coupons, canceling gifts and canceling relevant orders. If any loss is caused to this Platform, you shall bear the corresponding compensation liability.
4.12 If you have any of the following circumstances, this Platform has the right to restrict all or part of your member rights, including but not limited to canceling relevant unfulfilled orders and canceling your member account:
(1) Affecting the normal operation of the website or the provision of services by the website to other members through acts such as network attacks and mass advertising;
(2) Seeking profits through improper means (such as plug-in tools and network attacks);
(3) Making malicious claims and complaints against merchants by taking advantage of merchants’ faults or mistakes twice or more, or insulting and personally attacking merchants or customer service staff without reason;
(4) Rejecting the receipt of goods or refusing to accept services for many times in a short period of time for reasons unrelated to the quality of goods or services;
(5) Engaging in resale business (such as wholesale and retail) through shopping with the member account;
(6) The user information you provide (including but not limited to name, telephone number, ID card number, email address, etc.) is untrue, inaccurate or incomplete;
(7) You have other acts that affect the normal operation order of the website or are illegal.
4.13 You shall bear full liability for the contents you publish, upload or transmit by yourself. All users shall not publish, reprint or transmit information containing any of the following contents on any page of this Platform; otherwise, this Platform has the right to handle it by itself without notifying the user:
(1) Violating the basic principles established by the Constitution;
(2) Endangering national security, divulging state secrets, subverting state power or undermining national unity;
(3) Damaging national honor and interests;
(4) Inciting ethnic hatred or ethnic discrimination, or undermining ethnic unity;
(5) Undermining the national religious policy, or advocating cults and feudal superstitions;
(6) Spreading rumors, disturbing social order or undermining social stability;
(7) Spreading obscene, pornographic, gambling, violent or terrorist information, or abetting crimes;
(8) Insulting or slandering others, or infringing upon the legitimate rights and interests of others;
(9) Inciting illegal assembly, association, procession, demonstration or gathering to disturb social order;
(10) Acting in the name of an illegal civil organization;
(11) Containing other contents prohibited by laws and administrative regulations.
4.14 When using the network services provided by us, you shall also:
(1) Comply with all network protocols, provisions and procedures related to network services;
(2) Not use the network service system for any illegal purposes;
(3) Not infringe upon the patent right, copyright, trademark right, reputation right or any other legitimate rights and interests of any other third party;
(4) Not intrude into the database of this Platform through any technical means to perform functional operations such as inquiry, direct download or forwarding. If such act is found, we have the right to suspend all functions of your account and pursue the corresponding legal liabilities;
(5) Be obligated to ensure the authenticity of the information you publish on this Platform, and shall not make exaggerated descriptions or fabricate false information. If such act is found, we have the right to suspend all functions of the corresponding account and terminate all cooperation with such account at the same time;
(6) Not use any information provided or published for the purpose of damaging the interests of this Platform. If such act is found, this Platform has the right to block your account and stop providing network services without obtaining your consent or prior notice. If your aforesaid act causes losses to this Platform, this Platform has the right to require you to compensate for all losses suffered by this Platform thereby.
4.15 If your breach of the above rules results in a third-party claim against this Platform, you shall fully compensate this Platform for all expenses (including but not limited to various compensation fees, litigation agency fees and other reasonable expenses incurred thereby).
4.16 If you breach the rules specified in this Agreement, we have the right to require you to correct or directly take all necessary measures (including but not limited to deleting the contents you have published, suspending or terminating your right to use network services) to mitigate or avoid the damage or adverse effects caused by your improper acts.
4.17 You warrant that in the process of using network services, you will comply with the product and service usage rules issued by this Platform from time to time. If you breach the aforesaid warranty, this Platform has the right to make corresponding disposal or terminate the provision of services to you in accordance with the provisions of this Agreement and relevant rules, without obtaining your consent or prior notice.
V. Personal Information Protection and Privacy Policy
5.1 This Platform will not use your information for other purposes without your prior consent and confirmation. We have the right to obtain, use, store and share your personal information in an explicit manner on the premise of complying with laws and regulations. We will not disclose, edit or reveal your personal information and the non-public contents you keep on this Platform without your authorization.
5.2 This Platform will collect non-personal information through your IP address, including but not limited to the nature of your browser, the type of operating system, the domain name of the ISP that provides you with access services, etc., to optimize the pages displayed on your computer screen. By collecting the aforesaid information, we also conduct passenger flow statistics to improve the management and services of the website.
5.3 This Platform uses various security technologies and procedures to establish a sound management system to protect the security of your personal information and privacy from the risk of unauthorized access, use or disclosure.
5.4 Respecting user privacy and protecting the security of your personal information is our consistent attitude. This Platform will take reasonable measures to protect your personal information and privacy. We warrant that, unless we obtain your consent, this Platform will not collect or use your personal information other than that necessary for providing services, nor use the information for purposes other than providing services.
5.5 You agree that we have the right to collect your usage and behavior information through technologies such as cookies, and freely use the desensitized pure commercial data after data desensitization so that it no longer points to or is associated with your personal identity information. Of course, you may also delete Cookies according to your own preferences, but if you do so, you need to manually change the user settings every time you access this Platform. At present, the general path to delete Cookies is through the browser: Settings – Clear Data, or restore/clear the mobile phone system.
5.6 When you provide a third party’s information to this Platform, you shall ensure that you have obtained the third party’s consent for the collection and use of the third party’s information and the purposes thereof. You warrant that you have the right to provide the third party’s personal information to this Platform, and at the same time warrant that this Platform has the right to use such information for commercial purposes. This Platform shall not be subject to any complaints, claims or other right claims from the third party when using the aforesaid personal information. If this Platform is subject to liability claims from the third party due to the use of the third party’s personal information provided by you, you shall ensure that this Platform is held harmless from any damages.
5.7 In addition to complying with the personal information protection and privacy policy specially agreed in this Agreement, we hope that you will carefully and completely read the Bangmaoda Basic Function Privacy Policy, which will be more helpful to protect your personal information.
VI. Transaction Norms
6.1 Unless proven otherwise, the data such as goods and transactions recorded and kept by this Platform is the sole valid evidence of your use of the services of this Platform.
6.2 You shall comply with all applicable Chinese laws, regulations, rules and local legal requirements in respect of your use of the services of this Platform and the purchase of goods.
6.3 In the course of a transaction, you shall review and verify the information of the purchased goods/services, including the price, quantity, payment method, commodity transportation method, as well as the consignee, address and contact information, etc. Your click on the “Submit Order” button or other similar buttons means that you confirm that all information contained in the order is correct and complete. Although we have made every effort, due to objective reasons such as well-known internet technical factors, the information displayed on this Platform may have a certain lag or error, which you acknowledge and understand. If the displayed information is obviously unreasonable due to system failure or gross negligence of this Platform (including but not limited to an obviously low commodity price and an obviously unreasonable preferential measure), please do not proceed to the next step. If you still submit an order knowing that the displayed information is obviously unreasonable, it will be deemed as a malicious act, and this Platform has the right to freeze and/or cancel the transaction.
6.4 If you purchase goods on this Platform, you are obligated to complete the transaction with this Platform, except for transactions prohibited by law or this Agreement. By placing an order for an item, you agree to be bound by the terms of sale contained in the description of the item, provided that such terms of sale do not violate this Agreement or are not illegal.
6.5 The advertisements, price lists and statements on this Platform do not constitute an offer. This Platform has the right to unilaterally withdraw such information or cancel the contract if an obvious error or out-of-stock situation of the products and orders displayed on this Platform is found. This Platform reserves the right to limit the quantity of product orders. By placing an order, you also acknowledge that you have reached the legal age to purchase these products and shall be liable for the authenticity of all information you provide in the order.
6.6 Product prices and availability are indicated on this Platform. You understand and agree that we have the right to change such information at any time without notifying you. Delivery fees will be settled separately, and the fees vary according to the delivery method you choose. If an unforeseen circumstance occurs that results in a price change after the confirmation of your order due to a price increase by the supplier, a change in tax amount, or an error on the website, this Platform will notify you through the contact information you left. If this Platform does not cancel the order, we will let you decide whether to cancel the order.
6.7 This Platform will comply with the agreement with you and deliver the goods you purchased to the delivery address you specified. You acknowledge that all shipping and delivery times listed on this Platform are estimated times (the estimated time is calculated based on inventory status, normal processing procedures, delivery time and delivery location). This Platform shall not be liable for delayed delivery to the maximum extent permitted by law if the order is delayed or cannot be delivered due to the following circumstances:
(1) Caused by incorrect information provided by you, incomplete address, etc.;
(2) Caused by no one to sign for the goods or refusal to accept the goods after delivery, resulting in failure to deliver or delayed delivery;
(3) Other definite circumstances.
VII. After-Sales Service and Product Quality
7.1 We will provide you with after-sales protection in accordance with national laws and regulations and the after-sales service policy published on this Platform or agreed in the order contract. The after-sales service policy on this Platform is an integral part of this Agreement, and this Platform has the right to change the after-sales service policy in the form of a statement, notice or other forms.
7.2 For the quality of goods, if there is a national standard or professional standard, it shall be implemented in accordance with the national standard or professional standard; if there is no aforesaid standard, it shall be implemented in accordance with the enterprise standard of the manufacturer; if there is no enterprise standard of the manufacturer, it shall be determined through negotiation between the user and this Platform. If the quality of the goods does not meet the standards, you may request a replacement or a refund.
VIII. Network Security
8.1 You agree that you will not use any robot, spider software, screen swiping software or other automatic means to access the website for any purpose without the express written permission of this Platform. In addition, you agree that you will not:
(1) Conduct any act that causes or may cause (at the sole discretion of this Platform) an unreasonable or disproportionate significant load on this Platform;
(2) Make copies, reproduce, modify, create derivative works, distribute or publicly display any content of the website (other than your personal information) without the prior express written permission of this Platform;
(3) Interfere with or attempt to interfere with the normal operation of the website or any activities conducted on the website;
(4) Use any content on the website that may be deemed prohibited or potentially prohibited under applicable laws and regulations;
(5) Use any virus, Trojan horse, worm, time bomb, delete fly, Easter egg, spyware or other computer program on the website that may damage, alter, delete, adversely affect, secretly intercept, access or expropriate any system, data or personal information without authorization.
IX. Intellectual Property Rights and Other Rights and Interests
9.1 All copyrights, patent rights, trademarks, trade secrets and any other ownership or rights related to the network services provided by this Platform are owned by us or our affiliated companies. Without our consent, no person or user may download, copy, transmit, adapt or edit them without authorization; otherwise, they shall bear all legal liabilities. We own the ownership of any data information generated in the operation process of this Platform and stored on the server (including but not limited to account data information, order information, etc., excluding personal identity data information such as the user’s name, ID card number and mobile phone number). The user has the right to use the data information belonging to his/her user account in the process of normally using this Platform in accordance with this Agreement.
9.2 We have the corresponding rights to the materials contained in this Platform that are protected by intellectual property rights or other laws; except for the contents for which you have the copyright in accordance with the law, the intellectual property rights of the overall contents of this Platform are owned by us or our affiliated companies.
9.3 The intellectual property rights of the original information such as words, pictures, videos, software and performances published and uploaded by you using this Platform and services in the course of using our services are owned by you (or separately agreed by the third-party content provider and you). However, for the needs of the operation of this Platform, you confirm that your act of publishing and uploading such information shall be deemed as a non-exclusive, perpetual and irrevocable grant to us of all legal rights and interests related to the relevant intellectual property rights, portrait rights, user ID names and other relevant rights and interests of such information: that is, you agree that we have the right to store, use, copy, revise, edit, publish, display, distribute, promote, publish, issue, translate and disseminate the above information contents through information networks, have the right to adapt and create derivative works, and incorporate the above information into other works in any form, media or technology known or developed in the future. You agree that we may sublicense the relevant rights of the aforesaid intellectual property rights. We have the right and interest of litigation subject qualification, and have the right to collect evidence and file a lawsuit against third-party infringement acts in our own name.
9.4 This Agreement constitutes a written agreement for the license and use of rights such as copyright property rights as stipulated in Article 26 of the Copyright Law of the People’s Republic of China and relevant laws, and its effect covers any work content protected by the Copyright Law published by you on this Platform, regardless of whether such content is formed before or after the conclusion of this Agreement.
9.5 You agree and have fully understood the terms of this Agreement, and warrant not to publish the information already published on this Platform in any form or authorize other subjects to use it in any way (including but not limited to use on various websites and media).
9.6 Except as otherwise stipulated by laws and regulations, we have the independent right to use the competitive data rights and interests obtained through the legal processing of data without obtaining your consent.
9.7 If your legitimate intellectual property rights and interests are inadvertently infringed in the process of using this Platform, you have the right to submit relevant materials to notify us in accordance with the Infringement Complaint and Appeal Rules of this Platform. This Platform will strictly handle your feedback in a timely manner in accordance with the procedures in the Infringement Complaint and Appeal Rules, and take necessary measures (deletion, shielding, disconnection of links or restriction of use functions, etc.) for disposal when necessary. If you find any illegal or non-compliant acts or acts in violation of the relevant rules of this service in the process of using this Platform, you also have the right to file a report with us through the aforesaid method, and we will handle your feedback in a timely manner. For the Infringement Complaint and Appeal Rules, please see the link: [Infringement Complaint and Appeal Rules of Platforms Owned and Affiliated by Bangmaoda].
9.8 All materials and information published on this Platform (such as words, charts, logos, button icons, images, sound file clips, digital downloads, data editing and software) are the property of us or our content providers and are protected by Chinese and international intellectual property laws. The compilation of all contents on this Platform is our exclusive property and is protected by Chinese and international intellectual property laws. All software on this Platform is the property of us or our software suppliers and is protected by Chinese and international intellectual property laws.
X. Force Majeure and Exemption Clauses
10.1 This Platform is obligated to ensure the normal operation of the website technically, make every effort to avoid service interruption or limit the interruption time to the shortest possible time, and ensure the smooth progress of users’ online transaction activities.
10.2 You understand that this Platform cannot guarantee that the network services will definitely meet your needs, nor guarantee that the network services it provides will not be interrupted, and does not make any guarantee for the timeliness, security and accuracy of the network services. At the same time, although we have made every effort, this Platform does not guarantee that the website can operate without errors for a long time, nor guarantee that the server will not be invaded by computer viruses or other malfunctions. This Platform shall not be liable for any losses caused by telecommunication system or internet network failures, computer failures or viruses, information damage or loss, computer system problems or any other force majeure causes to the maximum extent permitted by law.
10.3 This Platform also does not make any guarantee for the accuracy and completeness of all information, texts, graphics, links and other items, and such information is for your reference only.
10.4 You must bear all risks arising from the use of this Platform or logging in to other third-party websites through this Platform alone, and bear the consequences of communicating information with others independently. This Platform does not warrant the authenticity, accuracy and reliability of the materials you send or receive. Your trust in the materials you receive is at your own personal risk.
10.5 In view of the particularity of internet services, you understand and agree that we shall not be liable for any losses you suffer (including but not limited to losses in property, income, data and materials or other intangible losses) under the following circumstances:
(1) The malfunction of this Platform and services resulting in the failure of normal operation due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars and terrorist attacks;
(2) The interruption or delay of this Platform and services caused by computer viruses, Trojan horses, other malicious programs, hacker attacks, technical adjustments or failures of telecommunication departments and network operation companies, system maintenance, etc.;
(3) The interruption, termination or delay of this Platform and services caused by changes in laws and regulations, orders and rulings of judicial and administrative organs, etc.
XI. Liability for Breach of Contract
11.1 If we find, receive reports or complaints from others that you have violated the provisions of this Agreement or violated laws, regulations and relevant national provisions, we have the right to take measures such as warning, freezing, terminating/suspending/restricting the use of account functions, rescinding or terminating this Agreement, or claiming damages.
11.2 If your act causes losses to us (including but not limited to direct losses, reputational losses, fines and claims from third parties, etc.), we have the right to recover the full amount from you. If you have property such as a security deposit and virtual currency or virtual rights and interests such as coupons on this Platform, we have the right to freeze them.
11.3 After the termination of this Agreement, except as explicitly stipulated by law, this Platform has no obligation to disclose any information in your account to you or a third party designated by you. After the termination of this Agreement, this Platform still has the following rights: continue to keep all kinds of information left by you on this Platform in accordance with the law; and still hold you liable for breach of contract in accordance with this Agreement for your past breach of contract acts.
11.4 This Platform may publish the information on the handling measures for your aforesaid breach of contract acts and other illegal information confirmed by the effective legal documents of national administrative or judicial organs on our platforms, communities, self-media or other media, and you shall bear all consequences arising therefrom by yourself at that time.
XII. Notices and Advertisements
12.1 When you register as a user of this Platform and accept the services of this Platform, you shall provide this Platform with true and valid contact information (including your email address, contact phone number, contact address, etc.). If there is any change in the contact information, you are obligated to update the relevant information in a timely manner and keep it in a contactable state.
12.2 The member account (including sub-accounts) generated for you to log in to this Platform to receive in-site messages, system messages and instant information when you register as a user of this Platform shall also serve as your valid contact information.
12.3 This Platform will send various notices to you through one or more of the aforesaid contact information, and the contents of such notices may have a significant favorable or adverse impact on your rights and obligations. Please pay close attention to them in a timely manner.
12.4 Notices in writing sent by this Platform to you through the aforesaid contact information, including but not limited to announcements on this Platform, short messages sent to the contact phone number you provide, emails sent to the email address you provide, system messages and in-site messages sent to your account, shall be deemed as served upon successful sending; notices in writing sent in paper form shall be deemed as served on the fifth natural day after mailing according to the contact address provided.
12.5 For any dispute arising from transaction activities on this Platform, you agree that judicial organs (including but not limited to people’s courts) may serve legal documents (including but not limited to litigation documents) to you through modern communication methods such as short messages, emails or in-site messages or by mail. The mobile phone number, email address, in-site message or other contact information designated by you for receiving legal documents shall be the mobile phone number and email address provided by you when registering or updating on this Platform and the member account generated when registering as a user of this Platform. The service of legal documents by judicial organs to the aforesaid contact information shall be deemed as valid service. The mailing address designated by you shall be your legal contact address or the valid contact address you provide.
12.6 You agree that judicial organs may serve legal documents to you through one or more of the aforesaid service methods. If judicial organs serve legal documents to you through multiple methods, the service time shall be subject to the earliest service among the aforesaid service methods.
12.7 You agree that the aforesaid service methods shall apply to all stages of judicial procedures. If a lawsuit is initiated, it includes but is not limited to the first instance, second instance, retrial, execution and supervision procedures, etc.
12.8 You shall ensure that the contact information provided is accurate and valid and update it in real time. If the legal documents cannot be served or are not served in a timely manner due to inaccurate contact information provided or failure to timely inform the changed contact information, you shall bear the possible legal consequences arising therefrom by yourself.
12.9 You agree that while accepting the services provided by us, you allow us to send and display advertisements, promotion or publicity information (including commercial and non-commercial information) to you by ourselves or by third-party advertisers on the premise of complying with laws and regulations. If you are not interested in the advertisements or information sent and recommended, you may control the system to display or not display/reduce the display of relevant types of advertisements or information based on the relevant technical options provided by us.
XIII. Termination of the Agreement
13.1 You have the right to terminate this Agreement by any of the following methods:
(1) Completing the cancellation of your account on the website when the account cancellation conditions of this Platform are met;
(2) Ceasing use and explicitly refusing to accept the changed matters before the changed matters take effect;
(3) Explicitly refusing to continue using the services of this Platform and meeting the termination conditions of this Platform.
13.2 This Platform may notify you to terminate this Agreement in the manner specified in this Agreement under the following circumstances:
(1) You breach the provisions of this Agreement, and this Platform terminates this Agreement in accordance with the breach clauses;
(2) Your account is sealed up by this Platform in accordance with the rules of this Platform due to acts such as embezzling others’ accounts, publishing prohibited information, defrauding others’ property, selling fake goods, disturbing market order and seeking profits through improper means;
(3) In addition to the aforesaid circumstances, your account is sealed up by this Platform in accordance with the rules of this Platform due to your repeated violation of the relevant provisions of the rules of this Platform with serious circumstances;
(4) Other circumstances where the service shall be terminated.
13.3 After the termination of this Agreement, except as explicitly stipulated by law, this Platform has no obligation to disclose any information in your account to you or a third party designated by you.
13.4 After the termination of this Agreement, this Platform still has the following rights:
(1) Continue to keep all kinds of information left by you on this Platform within the scope of necessary business and the requirements of laws and regulations;
(2) Still hold you liable for breach of contract in accordance with this Agreement for your past breach of contract acts.
13.5 After the termination of this Agreement, for the transaction orders generated by you during the term of this Agreement, this Platform may decide whether to close such transaction orders; if this Platform requires continued performance, you shall continue to perform the provisions of this Agreement and the transaction orders in respect of such transaction orders, and bear any losses or additional expenses arising therefrom.
XIV. Governing Law and Jurisdiction
14.1 The conclusion, entry into force, interpretation, amendment, supplementation, termination, performance and dispute resolution of this Agreement shall all be governed by the laws of the Chinese mainland; if there are no relevant provisions in the law, commercial practices and/or industry practices shall be referred to.
14.2 Any dispute arising from your use of the services of this Platform and related to the services of this Platform shall be settled by negotiation between this Platform and you. If the negotiation fails, either party may file a lawsuit with the people’s court having jurisdiction at the place where this Platform is located.
XV. Other Provisions
15.1 Due to the rapid development of the internet, the terms listed in this Agreement signed between you and Bangmaoda cannot fully list and cover all rights and obligations between you and Bangmaoda, and the existing agreements cannot guarantee full compliance with the needs of future development. Therefore, the Privacy Policy and regulatory contents such as announcements and public notices of this Platform are all supplementary agreements to this Agreement, which are inseparable from this Agreement and have the same legal effect.
15.2 If any clause of this Agreement is deemed repealed, invalid or unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this Agreement.
15.3 We have the right to revise this Agreement when necessary in accordance with the provisions of laws and regulations (including formulating and issuing other policies, rules and announcement statements in a timely manner). The updated agreement clauses will replace the original agreement and officially take effect after the expiration of the time limit prescribed by law. You may consult the latest version of the agreement clauses on the relevant service pages. After the revision of this Agreement, your continued use of the services of this Platform shall constitute your acceptance of the revised agreement. If you do not accept the revised agreement, you have the right to cease using this Platform.
XVI. How to Contact Us
If you have any questions, complaints, opinions or suggestions, you are welcome to communicate and provide feedback to us. You may contact us through the following method: xiaxiaocun@shbmds.com