User Registration Agreement of eGTCP.com
This User Registration Agreement is entered into for the services provided by Electronic Global Trade Credit Platform (http://www.egtcp.com, hereinafter referred to as the “Platform”) between the User and Zhejiang Great Tao E-commerce Corporation (hereinafter referred to as “Great Tao E-commerce”), the operator of the Platform. This Agreement comes into effect and binds upon both contracting Parties with the User’s action on clicking on“Submit” after careful reading and providing correct and valid identity information.
Article I. Confirmation and Acceptance of Service Provisionsof the Platform
1.1 Owing to the rapid development of Internet, provisionsunder this Agreement signed by the User and Great Tao E-commercemay fail to cover all the rights and duties of the Parties involved in this Agreement. Besides, there is no guarantee that provisions hereunder shall completely satisfy future demands. Therefore, the Platform (Great Tao E-commerce) has the right to set, amend this Agreement or any provision of the Platform occasionally. If any change occurs to this Agreement or any provision of the Platform, the Platform (Great Tao E-commerce) will notifythe User by platform announcement. The User is obliged to pay attention to the provisions and platform announcement. If the User does not agree to any changes on this Agreement or any provision, he shall immediately terminate the services provided by the Platform based on this Agreement. Any change or newly established provision once released takes effect and becomes part of this Agreement. Any provision (including newly established or amended provisions) of the Platform is regarded as the supplementary agreement of this Agreement, which shall be an integrated part of this Agreement and has the same legal effect. If any provision of the Platform conflicts with this Agreement, the Platform provision shall prevail. It is deemed that the User accepts the aforementioned supplementary agreement if he uses the services of the Platform.
1.2 The operational rights of e-services of the Platform are reserved by Great Tao E-commerce. The User shall accept all provisions of this Agreement and finish the registration procedures, so that hecould bean official User of the Platform. The User shall confirm: any provisionunder this Agreement shall be permanently effective to handle rights and duties of the Parties, unless otherwise the law has mandatory provisions or otherwise specifically agreed between theParties.
1.3 As the Userclicks on “Submit Material”, itis deemed that he agrees to this Agreement and confirms that he has the relevant rights and capacities to enjoy services provided by the Platform and place orders etc., and heis able to take legal responsibilities independently.
1.4 All rights of solely determining to close the User’s account, delete or edit the contents released by the User on the Platform are reserved by the Platform (Great Tao E-commerce) in the range allowed by laws of People’s Republic of China.
Article II. Registration
2.1 The Platform provides Internet information and other services for the User through Internet in accordance with the law, and the User hasthe right to use relevant services of the Platform in the case that he totally agrees to this Agreement and any provision of the Platform.
2.2 The User shall confirm that he is the legal person or other organization(s) with complete capacity for civil rights and civil conducts when he registers on the Platform. In the event that the User is not the aforementioned subject, please do not use services of the Platform, otherwise the Platform (Great Tao E-commerce) has the right to cancel (or permanently freeze) the User’s account and claim compensation from himand other legal liability subjects. If the User registers on behalf of a company or other legal subject(s), he shall represent and guarantee that heis authorized to make this company or other legal subject(s) bound by the “Provisions” under this Agreement.
2.3 The User shall acknowledge and agree that hehereby authorizes the Platform (Great Tao E-Commerce) to disclose his registration information to the partner platforms of the Platform (Great Tao E-Commerce). The User may use the partner platforms of the Platform (Great Tao E-Commerce), but must abide by all the relevant agreements and regulations set on the Platform (Great Tao E-Commerce). The Platform (Great Tao E-Commerce) shall take no responsibility for any dispute arisen from the User and the partner platforms of the Platform (Great Tao E-Commerce).
2.4 The User shall acknowledge that the registration materials offered are authentic, accurate, complete and legitimate. If any change occurs to the User’s registration materials, please update timely. However, if registration materials are illegal, false, inaccurate or in-exhaustive, the User shalltake corresponding responsibilities and consequences, and the Platform (Great Tao E-commerce) reserves the right to terminate his rights to use the Platform.
Article III. Accounts Security
3.1 The Platform (Great Tao E-commerce) shall strictly keep the User’s privacy information confidential while the User uses the Platform. The Platform (Great Tao E-commerce) shall not disclose hisconfidential information to others, unless necessary disclosure of the User’s applied services, disclosure authorized by the User or otherwise stipulated by any law or regulation.
3.2. The User will get username, original password and other information of account after successful registration, and he could change hisoriginal password based on the provisions stated on the Platform. The User shall cautiously hold and use his username and password. In the event that the User discovers any situation where anyone illegally uses his account or his account exists security loopholes, the User shall timely notify the Platform (Great Tao E-commerce) and report to public security bureaus.
3.3 The User shall agree that the Platform (Great Tao E-commerce) has the right to send order information or other relevant information of the Platform to the User by emails, short messages and phone calls, etc.
3.4 The User’s registered account of the Platform shall not be offered to others through lending, assigning, granting, renting, selling or any other forms, otherwise the User shall take all the legal responsibilities with the actual User.
Article IV. Termination of Services
4.1 The User shall agree that the Platform (Great Tao E-commerce) could terminate the User’s usage of any service based on its sole discretion and email notice. The User shall further acknowledge and agree that, when the Platform (Great Tao F-commerce) terminates his usage of any service in accordance with this Agreement, the Platform could cancelhis account immediately, and delete all relevant materials and documents in his account, and/or prohibit the User from further accessing such documents or services. The Platform (Great Tao E-commerce) has no obligation to retain any information of or related to the original account, or forward any unread or sent message to the User or any third party after services terminated. Besides, the User shall agree that the Platform (Great Tao E-commerce) shall not take any responsibilities for the User or any third party with respect to the termination of services.
4.2 The User has the right to require the Platform to cancel his account. The Platform will cancel his account once approved, and whereupon the contractual relationship based on this Agreement terminates between the User and the Platform (Great Tao E-commerce). The Platform (Great Tao E-commerce) is not obligated to retain or disclose any information of original account to the User, or forward any unread or sent messages to the User or any third party after cancellation of the account.
4.3. The User shall acknowledge and agree with the following provisions once the contractual relationship terminates between the User and the Platform (Great Tao E-commerce).
a) The Platform (Great Tao E-commerce) has the right to retainthe User’s materials.
b) The Platform shall not return the membership fee and service fee paid by the User in accordance with relevant agreements.
c) The Platform (Great Tao E-commerce) could still claim the right towards the User in accordance with this Agreement, if there is any illegal act or breach of this Agreement /or any provision of the Platform while the User enjoys services.
d) The relationship between the User and others (including Partners)resulting from the usage of services while the User enjoys services shall not be terminated for the termination of this Agreement. The User shall continue to perform his obligations in accordance with his commitments.
Article V. Cancellation of Accounts
5.1 In the event that the User has had no access to the Platform for three consecutive years, the User’s account may be canceled and the User couldnot have access to the Platform. All services of the Platform shall be terminated at the same time.
5.2 The User agrees and authorizes the Platform (Great Tao E-commerce)the right to disclose his illegal acts, cancel his account, and terminate the services provided on the Platform (Great Tao E-Commerce), if he cheats, infringes others’ legal rights and interests, or gravely contravenesany provision of any platform while heenjoys the services of the Platform (Great Tao E-Commerce) or cooperating with the partner platforms of the Platform (Great Tao E-Commerce).
Article VI. Authorization
6.1. The User shall completely acknowledge and agree that the User irrevocably grants Great Tao E-commerce the following rights:
(1) The User grants Great Tao E-commerce exclusive, global, permanent and free right to use (and Great Tao E-commerce has the right to re-grant the right at multiple levels)the offered materials, and (all or part)use, copy, modify, adapt, release, translate, distribute, execute and display “User’s Materials” or create derivative works, and/or incorporate “User’s Materials” into other works by means of presently known or any future developed manner, medium or technology.
(2) The Platform (Great Tao E-commerce) has the right to notify the partner platforms of the Platform (Great Tao E-Commerce) of any violation the User took of this Agreement, provisions of the Platform, or any other stipulations set between the User and Great Tao E-Commerce, and require the partner platforms of the Platform (Great Tao E-Commerce) that they shall take measures to restrictthe User’s rights and interests.
(3) Similarly, if the User breakshis promisesmade to Great Tao E-commerce (no matter in what form), Great Tao E-commerce has the right to promptly take measures to restrict the use of the User’s account as agreed upon in this Agreement, including but not limited to suspend or terminate services, and declare his defaults. The User shall acknowledge and agree that the Platform (Great Tao E-commerce) is not required to check facts with the User or otherwise request the User’s permission, and shall not bear any responsibilities with regard to herein restrictive measures or announcements.
Article VII. Specification of Service Usage
7.1 Rules of Dealing with Trade Disputes
7.1.1 The Platform shall not intervene in any legal relations or disputes caused by the transaction between Users (including service providers, hereinafter referred to as “Partners”), and shall not and must not be involved in any transactions between the tradeParties. Provided that the User has any disputewith other Users (including Partners), the Platform (Great Tao E-commerce) (and its agents and employees) shall not take any responsibilities. However, if the Platform is authorized by the Userto intervene in disputesbetween the User and other Users (including Partners) of the Platform based on the cognition of ordinary people, the User shall acknowledge it. The User shall understand and acknowledge that the Platform is not a judicial institution and its role of handling disputes is completely entrusted by the User, therefore, it has limitation on the capability of identifying evidence and handling disputes, and thus shall neither guarantee that the results will totally conform to the User’s expectation, nor take any responsibility for such results. The Platform (Great Tao E-commerce) has the right to decide whether to participate in the mediation of disputes.
7.1.2In the event that other Users (including Partners)file compensation claims against the User, the Platform (Great Tao E-commerce) has the right to retainguarantee deposits paid by the User (if any) or deduct the amount of unperformed parts of purchased services of the Platform(Great Tao E-commerce), or other funds (or rights and interests) under all theaccounts of the Platform, until such dispute is resolved or the User pays the compensation. The Platform (Great Tao E-commerce) has no obligation to use its funds for compensation. Nevertheless, if the Platformsettles this compensation, the User shall timely compensate all the losses caused to the Platform (Great Tao E-commerce), otherwisethe Platform (Great Tao E-commerce) has the right to deduct corresponding funds or rights and interests withaforementioned approaches. However, if the losses of the Platform (Great Tao E-commerce) still cannot be recuperated, the Platform (Great Tao E-commerce) shall reserve the right to claim the compensation.
7.1.3 If the Platform takes full discretion to judge that the User meets the situation where Provision7.1.2 and 7.2.3 hereunder stipulate, it will deal with the issues in accordance with Provision 7.1.2 after punishing the User in accordance with Provision 7.2.3.
7.1.4 The Platform (Great Tao E-commerce) has the right to learn the situation from the User by email etc., and notify the contrary Parties of the details by email etc. The User is obliged to work closely with the Platform (Great Tao E-commerce), otherwise he may face unfavorable outcomes.
7.2. Consequences of Breaching Rules
7.2.1 If the Platform (Great Tao E-commerce) deems that “User’sMaterials” may lead the Platform to bear any legal or moral responsibility, or make Great Tao E-commerce lose (all or part) services provided by Internet service providers of the Platform or other providers, the Platform(Great Tao E-commerce) shall take full discretion to take any necessary or appropriate action on “User’sMaterials”, including but not limited to delete such materials. The User shall hereby guarantee that he hold all the rights (including all copyrights)towards “User’s Materials” submitted to the Platform. The User shall confirm that the Platform (Great Tao E-commerce) also has no obligation to affirm or decide which of the “User’s materials” offered shall be protected, and shall not take any responsibilities for other Users who also enjoy “Services” of the Platform to use “User’s Materials”.
7.2.2 The User shall tak all legal responsibility and the Platform (Great Tao E-commerce) shall not take any responsibilities for the User’s suspected breach of his commitments to any third party.
7.2.3 If confirmed by valid legal instrumentsthat the User has illegal behavior, or his behavior violatesany provision of this Agreement or the Platform, or judged by the Platform (Great Tao E-commerce)with full discretion that the User has allegedly illegal behavior, or his behavior violates any provision of this Agreement or the Platform, the Platform (Great Tao E-commerce) has the right to publish the User’s illegal and breaching behaviors on the Platform and make punishments(including but not limited to the restriction of user’srights, termination of services, deduction of guarantee deposits paid by the User (if any), the amount of unperformed parts of purchased services of the Platform(Great Tao E-commerce), and other funds or rights and interests under all theaccounts of the Platform).Great Tao E-commerce shall reserve the right to claim any loss caused to the Platform by User’s aforementioned behavior.
Article VIII. Proprietorship and Intellectual Property
8.1 As the founder of the Platform, Great Tao E-commerce haslegal rights protected by national laws, such as contents and resources copyrights of the Platform, etc., and Great Tao E-commerce has the right to modifythe contents of the Platform at any time, and release the modified version on the Platform without further notification. The Platform reserves the right to interpret this Agreement and contents of the Platform.
8.2 Unless the law has mandatory stipulations, any entity or individual must not use all or part of the Platform contents illegally by copying, reprinting, citing, linking, capturing or in any other ways without specific written permission of the Platform (Great Tao E-commerce), otherwise the Platform (Great Tao E-commerce) has the right to pursue his legal responsibilities.
8.3 The Platform (Great Tao E-commerce) could keep and freely use the information or data registered on the Platform. The Platform (Great Tao E-commerce) has all the rights, such as intellectual property, etc., of database which are generated by the Platform through collection, compilation or analysis of preceding data by using, including but not limited tothe Platform itself, and software, etc.
8.4 The information released on the Platform (including but not limited to characters, charts, logos, button icons, images, audio file fragments, digital downloading, digital editing and software, etc.) shall be deemed as the property of the Platform (Great Tao E-commerce) or the content providers; the compilation of all contents of the Platform is the exclusive property of the Platform (Great Tao E-commerce); all software of the Platform is the property of the Platform (Great Tao E-commerce) or the software providers; and all of aforementioned propertiesshall be under the protection of China’s and international copyright laws.
Article IX. Compensation
9.1 The User shall agree that he shall make full compensation to the Platform (Great Tao E-commerce) and its subsidiaries, branches, directors, officers and agents, to prevent them from losses, in the condition that the third party orthe administrative and judicial organs raise compensation and punishment claims (including judicial costs and other professionals’ fees) towards the Platform (Great Tao E-commerce) and its subsidiaries, branches, directors, officers and agents, due to the reasons that the User breaches this Agreement or other documents incorporated into this Agreement herein mentioned, or infringe legal rights of the third party for his violation of laws and regulations,or take administrative or criminal responsibilities in consequence of his violation of laws and regulations.
Article X. Links
10.1 Partnerscan provide links of other websites or resources of World Wide Webs. As the Platform does not control such websites or resources, the User shall acknowledge and agree that the Platform (Great Tao E-commerce) shall not be responsible for the usability of such external websites or resources, shall not acknowledgesuch websites or resources, or any contents, publicity, products, services or other materials acquired from such websites or resources, and also shall not take any responsibilitiesfor such websites or resources. The User shall further acknowledge and agree that the Platform (Great Tao E-commerce) shall take no responsibility for any direct or indirect loss caused (or allegedly caused) by using or trusting any content, publicity, product, service or other materials acquired from such websites or resources.
Article XI. Notification
11.1 The User shall provide and timely updateaccurate information of his email addresses, phone numbers, postal addresses, and postcodes, etc., so that the Platform or other Users (including Partners) couldmake effective contacts. The User shall solely bear any caused loss or increased cost in the process of using services of the Platform due to failure to reach the User with these contact information. The User shall acknowledge and agree that the User is obliged to keep theiroffered contact information valid. In the event that any information needs to be updated, the User shall operate as the Platform requires.
11.2 Unless otherwise stated in this Agreement, any notification between the Platform and the User shall be sent to the User by email. For the User, he shall send any notification to the email address of (the Platform); for the Platform, the notification shall be sent to the email address provided by the User whenhe registered on the Platform or sent to other email addresses appointed by authorities. Notifications shall be deemed as delivered after emailssent within 24 hours, unless the sender is informed that the email address of the recipient is invalid. Or the Platform (Great Tao E-commerce) may send the notification to the User’s provided address or the registered company address in the process of registering on the Platform, by prepaying the postage of registered mail and requiring receipt. In this case, the notification shall be deemed as delivered after 3 days of postage paid.
Article XII.Force Majeure
12.1 The Platform (Great Tao E-commerce) shall not take any responsibilities in terms of those situations beyond the reasonable control of the Platform, including but not limited to the natural disasters, strikes or chaos, material shortage or rationing, rebellions, wars, government actions, faults of the communications or other facilities or severely fatal accidents, which make the Platform delay or fail to perform this Agreement,
Article XIII. Law Application, Jurisdiction and Miscellaneous
13.1. The force, interpretation, variation, implementation and disputes resolution of this Agreement shall be governed by laws of People’s Republic of China. If there are no relevant laws, this Agreement shall refer to the General International Commercial Practice and (or) Industry Practice.
13.2 The User and the Platform (Great Tao E-commerce) shall respectively be deemed as the independent contractor in the contractual relationship. This Agreement has no intention to form or build any relationship of agent, partnership, joint venture, employing and employed, or special authorizing and authorized relationship.
13.3 The User shall agree that the Platform (Great Tao E-commerce) has the right to assign part or all of its rights and obligations under this Agreement due to business needs without extra notification and approval of the User.
13.4 The User may have the right to submit any dispute for legal proceedings arising from or in connection with this Agreement or the Platform’s services in People’s Court where Zhejiang Great Tao E-commerce Corporation locates.
13.5 This Agreement replaces any previously signed agreement in any written or oral form regarding to the same items between the User and the Platform (Great Tao E-commerce). In the event that any provision of this Agreement is adjudged to be invalid or unenforceable, suchprovision shall be revoked, while others shall be observed and executed.The titles of provisions are only set for convenient reference, and shall not define, restrict, interpret or describe the range or limit of such provisions in any way. If the Platform (Great Tao E-commerce) does not take actions on the User’s or others’ certain defaults, it does not indicate that the Platform withdraws the right to take actions on any following or similar defaults.
Article XIV. Miscellaneous
14.1 The operator of the Platform refers to Zhejiang Great Tao E-Commerce Corporation which is legally licensed or filed by the government.
14.2 The Platform (Great Tao E-commerce) shall respectlegal rights of the User. Such various provisions and statements etc. of this Agreement and the Platform shall be used to offer better and more convenient services to the User. Suggestions from the User and different communities of society are sincerely welcomed by the Platform (Great Tao E-commerce), and the Platform shall humbly accept and timely amendsuch various rules of this Agreement and the Platform.
14.3 The User shall pay more attention to provisions with obvious marks on contents of this Agreement, such as boldface, underline and italics, etc.
14.4 The User shall reconfirm that he acknowledges and agreesto all contents of this Agreement before clicking on “Submit” over this Agreement, and it is deemed that the User completely accepts this Agreement once such button is clicked.