VeneerMall Platform Service Agreement

• Reminders

      Welcome you to enter into VeneerMall Platform Service Agreement (hereinafter referred to as “this Agreement”) with Dongguan V.M Trading Co. Ltd(hereinafter referred to as “V.M”) and use VeneerMall Platform Services!

      This Agreement is amendment to VeneerMall Service Agreement. As of the date of issue of this Agreement, “VeneerMall Service Agreement” mentioned in VeneerMall Platform refers to this Agreement.

      Key words referred to before each terms of service are only used to help you understand the purpose of such terms and will not influence or limit the meanings or interpretation of such terms under this Agreement. To safeguard your rights and benefits, we suggest you read each terms carefully.

【Read Prudently】 Before you click to “Accept this Agreement” in the application registration process, be sure to read this Agreement carefully. Be sure to prudently read and carefully understand the contents of each provision, especially provisions on exemption or limitation of liability, governing law and dispute settlement. You should pay special attention to the provisions on exemption or limitation of liability in bold and underline. If you have any doubt about this Agreement, you may consult the customer service personnel of VeneerMall Platform.

【Motion of signing】 After you fill in information according to the hints on the registration webpage, read and agree to this Agreement and complete all the registration procedures, you will be deemed to have fully read, understood and accepted this Agreement in full, reach consensus with V.M, and become “user” of VeneerMall Platform. If you do not agree to this Agreement or any terms of this Agreement after you read it, you’d better stop registration immediately.

I.  Scope of Agreement

1.1 Contracting Parties

【Subjects with Equal Status】 This Agreement is entered into by and between you and V.M. This Agreement is binding upon both you and V.M.

II.  Registration and Use of Account

2.1 Qualification of User

Before you makes registration and uses VeneerMall Platform Services, You should confirm that you have civil capacity suitable to your civil act as prescribed by the laws of the People’s Republic of China. If you do not have civil capacity suitable to your civil act, you and your guardians shall assume all consequences arising therefrom according to law.

2.2 Explanations on Account

【Obtaining of Account】 After you fill in information according to the hints on the registration webpage, read and agree to this Agreement and complete all the registration procedures, you will obtain an account of VeneerMall Platform and become a user of VeneerMall Platform.

【Use of Account】 You’re entitled to log on VeneerMall Platform through the user name, email and mobile phone number set or confirmed by you (hereinafter referred to as “Account Name”) and the password set by you (Account Name and password are collectively referred to as “Account”).

【Transfer of Account】 Because the account of a user is connected to his/her credit information, you may only transfer your account to the extent expressly permitted by law or judicial adjudication or approved by V.M and subject to the account transfer flow as prescribed by VeneerMall Platform Rules. Once you transfer your account, all rights and obligations under this account are transferred concurrently. Furthermore, you may not transfer your account in any way; otherwise, you shall assume all liabilities arising therefrom.

【Real Name Certification】 As the user of VeneerMall Platform, V.M is not endowed by law with any power to compulsorily require all users to make real name certification, however, so that you could better use all services of VeneerMall Platform, V.M advices you to complete real name certification according to the requirements and the provisions of Chinese laws.

【Recovery of Inactive Account】If your account meets all of the following conditions concurrently, V.M is entitled to recover your account. After that, you cannot use your account to log on VeneerMall Platform and corresponding services terminate:

(I) The account is not bound to account with real name certification;

(II) The account is not used to log on VeneerMall Platform for six consecutive months;

(III) There is no immature valid transaction.

2.3 Management of Registration Information

2.3.1 True and Legitimate

【Trueness of Information】 When using VeneerMall Platform Services, you should fill in your information (including your name, email address, telephone and address) accurately and completely according to the hints of VeneerMall Platform so that you are available to V.M. You understand and agree that you’re obliged to guarantee that the information provided by you is true and valid.

【Legality of User Name】 The VeneerMall user name set by you may not violate laws or regulations or provisions on user name management in VeneerMall.com Rules; otherwise, V.M may recover your VeneerMall user name. Recovery of VeneerMall user name will not affect your logging on VeneerMall Platform with email or mobile phone number or using VeneerMall Platform Services.

2.3.2 Updating and Maintenance

You should update your information from time to time. To the extent that as a platform service provider, V.M is expressly required by law to verify the information of certain users (such as sellers on the platform), V.M will verify your information from time to time according to law and you shall give assistance and provided the updated, true, complete information.

If V.M cannot get access to you according to the last information provided by you, or you fail to provide information in time as required by V.M, or the information provided by you is untrue, you’ll assume all losses and consequences occurred by yourself, any third person and V.M.

2.4 Rules on Account Security

【Obligation on Account Security】 Your account should be set and kept by yourself and V.M will not require you to provide your account at any time. Therefore, you are recommended to keep your account carefully and log out and leave VeneerMall Platform according to correct procedures when each period of accessing to Internet ends.

If you disclose your account or your account is attached by any third person or you are cheated and as a result, you suffer from losses, you should assume such losses by yourself.

【Liable for Account Behaviors by Yourself】 Except that V.M is at fault, you should be liable for all consequences arising out of your behaviors under your account (including but without limitation to signing agreements online, releasing information, purchasing commodities and services, and disclosing information).

【Notice on Daily Maintenance】 If you find that any other person uses your account to log on VeneerMall Platform without your authorization or you are aware of any other situation which may result in theft or missing of your account, you’re recommended to inform V.M at once. You understand that it needs reasonable time for V.M to take actions according to your request. Except that V.M is at fault, V.M will assume no liability for any consequence which has occurred before you take action.

III. VeneerMall Platform Services and Rules

【Survey of Services】 You’re entitled to enjoy such services on VeneerMall Platform as marketing and promotion of commodities and/or services, purchase of commodities and/or services and settlement of disputes arising out of transaction. VeneerMall offers a wide variety of services. You may log on VeneerMall Platform to view these services.

3.1 Marketing and Promotion of Commodities and/or Services

【Releasing of Information on Commodities and/or Services】 With respect to services to be provided through VeneerMall, you may use literals and pictures to release information on commodities and/or services on VeneerMall Platform to entice and solicit potential customers and reach transactions.

【Scope of Prohibition】 You shall guarantee that you have corresponding rights towards commodities and/or services released by you on VeneerMall Platform. You may not sell any of the following commodities and/or render any of the following services on VeneerMall Platform, which:

(I) are prohibited or limited by the state;

(II) infringe upon intellectual property rights or any other legitimate right or benefit of any third person;

(III) are not suitable to be sold and/or rendered on VeneerMall Platform as expressly stated by VeneerMall Platform Rules .

【Guarantee of Transaction Order】 You should adhere to the principle of good faith, guarantee that the information released by you on commodities and/or services is true and consistent with the actual commodities and/or services, and fulfill all of your promises in the process of transaction.

You shall safeguard the sound market order on VeneerMall Platform. You may not belittle or slander any competitor, disrupt any transaction on VeneerMall Platform, or lift or attempt to lift your own credits by any improper means, or disrupt or attempt to disrupt normal operation of VeneerMall Platform in any way.

【Promotion and Advertising】 You’re entitled to determine the ways of promoting and advertising your commodities and/or services at your own discretion. VeneerMall provides plenty of promotion and advertising tools for your choice. Your behaviors of promotion and advertising shall conform to relevant laws and regulations of the state as well as the requirements of VeneerMall Platform.

3.2 Purchase of Commodities and/or Services

【Purchase of Commodities and/or Services】 When you purchase commodities and/or services on VeneerMall Platform, please be sure to check the name, price, quantity, model, specification and dimension of the proposed commodity or the time, contents and limitations of the proposed service, and verify your address, telephone and consignee when placing the order. If the consignee is not yourself, you should assume all legal consequences arising out of the behaviors and declaration of will of the consignee.

Your purchase shall be based on true consumption demand and may not purchase commodities and/or services or safeguard rights with bad faith or engage in any other behavior to disrupt the normal transaction order on VeneerMall Platform. For the purpose of safeguarding the transaction order and security of VeneerMall Platform, once discovering any of the above circumstances, V.M may close the order concerned.

3.3 Settlement of Disputes Arising out of Transaction

【Methods of Settlement of Disputes Arising out of Transaction】 Where any dispute arises between you and any other user when you engage in transactions on VeneerMall Platform, you or the other user may choose either of the following methods to settle:

(I) Negotiate;

(II) Apply to the consumers’ association or any other mediation organization for mediation;

(III) File a complaint to relevant administrative department;

(IV) Apply for arbitration according to the arbitration agreement (if any); or

(V) File a lawsuit to the people’s court.

3.4 Costs

In order to provide services to you through VeneerMall Platform, V.M has spent a great deal of money. Except the charges expressly stated by VeneerMall Platform, the services provided by V.M to you are free at present. If V.M wishes to collect reasonable fees in the future, V.M will do so by reasonable means and inform you within reasonable period in advance according to the method under Article 7 of this Agreement to guarantee that you have full right to make choice.

3.5 Limitation on Liability

【Force Majeure】 V.M is liable to provide “as is” and “as is available” VeneerMall Platform Services to you. According to laws and regulations, V.M is obliged to provide fundamental guarantee, provided that V.M will not be liable for your losses arising out of maintenance of information and network equipment, failure of connection, malfunction of computer, communication or any other system, power failure, strike, commotion, fire, flood, storm, explosion, war, government act, order of judicial organ or any reason attributable to any third party.

【Massive Information】V.M only provides you with VeneerMall Platform Services. You understand that the information on VeneerMall Platform is released by the users themselves and may contain risks and defects. Whereas there is massive information on VeneerMall Platform which departs from real objects, it is impossible for V.M to examine all information on commodities and/or services or the quality, security, legality, trueness or accuracy of commodities and/or services involved in transactions; therefore, you should make judgment prudently.

IV.  Protection and Authorization of User’s Information

4.1 Protection of Personal Information

V.M attaches great importance to the protection of personal information of users (i.e. information that can be used to recognize the identity of a user, whether independently or through combining with any other information). When you use the services provided by V.M, you are deemed to have agreed that V.M could collect, store, use, disclose and protect your personal information according to the privacy policy released on VeneerMall Platform. Through the privacy policy, V.M wishes to introduce to you the methods by which V.M disposes of your personal information. Therefore, V.M recommends that you should read the privacy policy carefully (clickhere or click to the link at the bottom of the home page of VeneerMall Platform) so that you could better protect your right of privacy.

4.2 Guarantee and Authorization of Non-personal Information

【Releasing of Information】 You announce and warrant that you’ve proper, legitimate rights towards the information released by you; otherwise, V.M may delete or block your information according to law or this Agreement.

【Prohibited Information】 You shall guarantee that the information released by you does not contain any of the following contents which:

(I) are prohibited by laws and regulations from being released;

(II) involve political propaganda, superstition, obscenity, eroticism, gambling, violence, terror or instigating crime;

(III) are deceptive, false, inaccurate or misleading;

(IV) infringe upon intellectual property rights of any other person or involve trade secrets and other proprietary right of any third party;

(V) involve insulting, slander or intimidation, or infringe upon privacy or any other legitimate right or benefit of any other person;

(VI) may destroy, distort, delete or affect normal operation of any system of VeneerMall Platform, or contain malicious software or program code such as virus, Trojan and computer robot which are able to secretly obtain data and personal information of VeneerMall Platform and any user without authorization;

(VII) are inconsistent with public interest or public morality, or are not suitable to be released on VeneerMall Platform according to related VeneerMall Platform agreements or rules.

【Authorize V.M to Use】 With respect to non-personal information in literals, pictures, videos and audios provided and released by you on VeneerMall Platform other than personal information, during the period of copyright, you agree to grant V.M worldwide, exclusive, free-of-charge license and sublicense. You agree that V.M may store, use, duplicate, edit, release, display, translate and distribute your non-personal information or produce derivative works, and incorporate any of the above information into any other works with known or future form, media or technology.

 V.   Breach by User and Treatment

5.1 Determination of Breach

Under either of the following circumstances, you will be deemed as having constituted breach:

(I) You violate laws or regulations while using VeneerMall Platform Services;

(II) You breach this Agreement or supplementary agreement to this Agreement (i.e. Article 1.2 of this Agreement).

To adapt to the development of electronic commerce and meet the demand of massive users for efficient quality services, you understand and agree that V.M may include procedures and standards on determination of breach in VeneerMall Platform Rules. For example, V.M may determine whether you constitute breach based on the relationship between your user data and massive user data; you’re obliged to provide adequate evidences and reasonable explanations for abnormalities in your data; otherwise, you will be determined as constituting breach.

5.2 Treatment

【Information Processing】 If any information released by you on VeneerMall Platform constitutes breach, V.M may immediately, according to relevant rules, delete or block the said information or remove or supervise your commodities.

【Limitation on Acts】 If any of your acts on VeneerMall Platform, or any act which is not conducted on VeneerMall Platform but has influence on VeneerMall Platform and its users, constitutes breach, V.M may, according to relevant rules, deduct credits from your account, restrains your account from participating in marketing, suspend rendering all or part of services to you, and deduct penalty. If your act constitutes fundamental breach, V.M may close down your account and terminate rendering services to you.

5.3 Indemnity

You shall indemnify V.M against all losses suffered due to any of your acts, including direct economic losses, losses of goodwill, damages, conciliation fees, attorney’s fees and legal costs.

5.4 Special Covenants

【Commercial Bribe】 If you offer physical goods, cash, cash equivalent, labor, tourism or any other thing to any employee or consultant of V.M, of which the value exceeds the normal level, you will be deemed as constituting commercial bribe. Under either of the above circumstances, V.M may immediately stop cooperation with you and reimburse penalty and/or damages from you, which will be computed based on the economic losses and losses of goodwill suffered by V.M due to your bribe.

【Related Treatment】If as a result of your substantial breach, V.M terminates this Agreement, in order to safeguard the order of platform and protect the rights and benefits of consumers, V.M may suspend and even terminate cooperation with you under any other agreement, provided that you’ll be informed according to Article 7 of this Agreement.

If any other agreement between V.M and you expressly stipulate treatment related to cooperation with you under this Agreement, in order to safeguard the order of platform and protect the rights and benefits of consumers, after receiving an instruction, V.M may suspend and even terminate the said agreements, provided that you’ll be informed according to Article 7 of this Agreement.

VI. Alteration of Agreement

Subject to any change of laws and regulations of the state, for the purpose of safeguarding the order of transaction and protecting the rights and benefits of consumers, V.M may from time to time amend this Agreement, supplementary agreement and amended agreement (hereinafter referred to as “Alteration”) and will inform you of such Alteration according to Article 7 of this Agreement.

If you object to Alteration, you’re entitled to feedback your opinions to V.M before the date of effectiveness as stated in the notice of Alteration. If your opinions are accepted, V.M will adjust Alteration accordingly.

If you still refuse to accept any Alteration after it enters into effect, you shall, as of date of effectiveness as stated in the notice of Alteration, stop using VeneerMall Platform Services, and then the Alteration will have no binding effect on you. If you continue to use VeneerMall Platform Services after Alteration enters into effect, you will be deemed as having accepted the Alteration.

VII. Notice

You agree that V.M may send notices to you by any of the following methods:

(I) Announced documentation;

(II) Internal letter, and messages sent by client;

(III) Email, message and letter sent to the address preserved by you on VeneerMall Platform.

VIII. Termination of Agreement

8.1 Circumstances of Termination

【Termination Initiated by User】 You’re entitled to terminate this Agreement by any of the following means:

(I) You cancel your account through Website Self-Service when you meet the Registration Conditions of Account on VeneerMall.com;

(II) Before Alteration enters into effect, you stop using VeneerMall Platform Services and expressly refuse to accept Alteration;

(III) You declare not to continue to use VeneerMall Platform Services, and meet the conditions of terminating VeneerMall.com.

【Termination Initiated by V.M】 Under either of the following circumstances, V.M may terminate this Agreement after giving you a notice according to Article 7 of this Agreement:

(I) You breach of this Agreement and V.M terminate this Agreement according to breach terms;

(II) You misappropriate the account of any other person, release any prohibited information, cheat property of any other person, sell fake commodities, disrupt market order, or make profit through improper means and V.M closes down your account according to VeneerMall Platform Rules;

(III) Except the circumstance in the preceding paragraph, you violate VeneerMall Platform Rules for several times and the circumstance is grave, and V.M may close down your account according to VeneerMall Platform Rules;

(IV) Your account is recovered by V.M according to this Agreement;

(V) Any other circumstance under which this Agreement shall be terminated.

8.2 Post-termination Treatment

【Disclosure of User’s Information】 After this Agreement is terminated, unless otherwise expressly prescribed by law, V.M is not obliged to disclose any information in your account to you or any third party designated by you.

【V.M’s Rights】 After his Agreement is terminated, V.M still enjoys the following rights:

(I) continue to keep the information kept by you on VeneerMall Platform, which is set forth by Article 4 of this Agreement;

(II) With respect to any of your previous breaches, V.M may still claim liabilities for breach against you according to this Agreement.

【Treatment of Transaction】 After this Agreement is terminated, with respect to any of your transaction orders occurring during the term of this Agreement, V.M may inform the counterparty and make a decision on whether to close an order or not based on the will of the counterparty; if the counterparty requires you to continue to perform, then you shall continue to perform this Agreement and the order, and assume any losses or any expenses increased therefrom.

IX. Governing Law, Jurisdiction and Miscellaneous

【Governing Law】 Conclusion, effectiveness, interpretation, amendment, supplement, termination and execution of this Agreement and settlement of disputes under this Agreement are all governed by the laws of Mainland China; if there are no relevant provisions under laws, commercial practices and/or industrial practices prevail.

【Jurisdiction】 If any dispute arises in connection with VeneerMall Platform Services when you use VeneerMall Platform Services, you and V.M shall try to settle through amicable negotiation. Where negotiation fails, either party may file a lawsuit to the people’s court at the place where the defendant is located.

【Severable】 If any provision of this Agreement are deemed as void, invalid or unenforceable, such provision shall be deemed as severable and the effectiveness and enforceability of any other provisions will not be affected.

In case of any conflict between the Chinese version and English version of this Agreement, the Chinese version shall have the final effect.