Matouwang (www.matouwang.com) (hereinafter referred to as “Matouwang”) is the third-party E-commerce Platform independently developed and operated by Clbus (Dalian) Technology Co., Ltd.
The terms and conditions set forth in this Agreement apply to all kinds of Matouwang services used by Matouwang users (hereinafter referred to as “Member” and “You”).
After registering to become a Matouwang member, you are entitled to the corresponding services provided by Matouwang. In the meantime, you should abide by the corresponding rules and fulfill certain obligations. Please read carefully the entire Service Agreement before registration. You are welcome to consult Matouwang staff if you have any doubts. Once registered to become a Matouwang member, it means that you fully understand and accept the following contents.
Use Matouwang website in any form (including but not limited to, access to, entry into and visit Matouwang, or use of various Matouwang services, functions, etc., in any form) means that you have fully read, understood and agreed that you have concluded this Agreement with Matouwang, and you have accepted that you are bound by the terms and conditions (hereinafter referred to as the “Terms”) of this Agreement. Matouwang can modify from time to time the terms at its own discretion. In case of any changes to the terms, Matouwang will notify you through announcements. You must stop using Matouwang services if you do not agree on the relevant changes. Once formally announced on Matouwang, the amended terms shall automatically take effect. Login or continuous use of Matouwang services means that you have accepted the amended terms. Unless otherwise explicitly stated by Matouwang, new contents that increase the services scope or enhance the functions provided by Matouwang shall be bound by this Agreement.
You acknowledge that you should have the civil conduct capacity stipulated by laws and regulations of the People’s Republic of China, which is appropriate to your conducts. If you fail to possess the aforesaid capacity, you and your guardian shall assume the consequences arising therefrom in accordance with laws and regulations.
Matouwang reserves the right to charge “Service” fees after notifying the member in accordance with relevant provision in Article 1. Fees arising from the member’s use of Matouwang services will be explicitly listed when it selects service items, which shall be selected after reading carefully. Matouwang reserves the right to change “Service” fees after notifying members in accordance with relevant provision in Article 1.
Please note that:
• Matouwang will not be responsible for paying for software and hardware fees, taxes, communication fees and network service fees incurred by you while using Matouwang services.
• Matouwang has the right to (temporarily or permanently) change from time to time or discontinue to provide some or all the services without notification.
Matouwang only functions as the site of providing transaction objects, for users performing negotiation over transactions of goods and services, and obtaining various trade-related services. Matouwang will not assume any liabilities of controlling the quality, safety and legality of objects involved in transactions, authenticity and accuracy of users, commerce & trade information, or ensuring the parties concerned in transactions to fulfill their obligations under the Trade Agreement. Matouwang has no obligation to ensure whether parties concerned in transactions are capable of fulfilling agreements.
Member information includes all the information provided for Matouwang or other users in the process of registering, transactions, or listing objects, in any public places, or through e-mail, including but not limited to data, texts, software, music, audio files, pictures, images, videos, expressions, or other information. The member shall be fully responsible for the authenticity and legality of information provided. Matouwang has no responsibility to verify the information. However, if Matouwang believes that the member information may hold Matouwang legally responsible, or the Member fails to log in or log in again within the term specified by Matouwang, it can take any necessary or appropriate actions for “Your information” at its own discretion, including but not limited to, deletion of such information.
5.1 Obligation of registration
If a member registers at Matouwang, it means that it agrees to:
(a) Provide authentic, accurate and complete information which can reflect its current situation in accordance with requirements of Member Information Form published in Matouwang.
(b) Maintain and timely update member information to make it authentic, accurate and complete, which can reflect the current situation of the member. In case that a member provides unauthentic, inaccurate, incomplete information or information which cannot reflect the current situation of such member, or Matouwang has reasonable grounds to believe that such information is unauthentic, inaccurate, incomplete information or information which cannot reflect the current situation of such member, Matouwang has the right to suspend or terminate the registration of such member, and refuse to provide relevant Matouwang services for such member.
5.2 Member login name and password and relevant confidentiality measures
In the process of registration, you can select your own login name and password. All the original information will be taken as the registration information. Matouwang will not shoulder any responsibilities for any issues arising from inauthenticity of registration information and consequences arising therefrom.
You shall keep confidential your registered login name and password and assume responsibilities for all the activities and conducts performed under the member login name and password. You shall agree upon the following:
(a) In case that any person uses the member login name registered by you or your password without your authorization, or any other situations violating confidentiality provisions occur, you shall immediately notify Matouwang. Matouwang will not assume any responsibilities arising from illegal use of your account and password by others due to hacktivism, third-party illegal software/operation, or your negligence in guarding.
(b) You shall ensure that you log off from the website in correct steps after surfing the Internet. Matouwang will not assume any responsibilities for any losses or damages arising from failure in complying with this provision.
5.3 Relevant rules concerning member information
The member agrees that “Your information” and any “Objects” (refer to some specific tangible or intangible objects or those which exist in various forms available for legal transactions, some rights or benefits, some negotiable instruments or securities, or some services or conducts. “Objects” stated herein all have this meaning) for transactions provided by “You” in Matouwang:
(a) Will not have fraudulent contents, and will not be involved in selling counterfeit commodities or theft;
(b) Will not infringe the real right, intellectual property right (including copyright, patent, trademark right, copyright, trade secrets, and other intellectual property rights), property rights like creditor’s rights, right of inheritance, and personal rights (mainly including right of privacy and right of reputation) of such objects entitled by any third party;
(c) Will not violate any laws, regulations, ordinances or rules (including but not limited to laws, regulations, ordinances or rules that standardize civil and economic conducts, export management, trade quota, protection of customers, unfair competition or false advertisements);
(d) Will not contain defamation (including commercial defamation), illegal intimidation or illegal harassment contents
(e) Will not contain obscene contents or any contents with child pornography;
(f) Will not contain any virus, disguised destruction programs, computer worms, program time bombs or other computer programs that deliberately damage, maliciously interfere with, privately intercept, or intrude into any system, data or personal information;
(g) Do not establish connections directly or indirectly with the following goods or services, or contain statements concerning the following goods or services: (i) goods or services that are prohibited herein; (ii) goods or services that the member has no right to establish connection with or contain.
In addition, you must agree that the following conducts will not occur:
(h). Use “Services” in such aspects like chain letters, junk e-mails, spam emails or any replicated or redundant information;
(i) Use “Services” to collect e-mail addresses and other information without consent from the third party;
(j) Use “Services” to forge e-mail addresses or mislead the third party on the sender’s identity or source of information in other forms.
5.4 Prohibited objects
You shall not release, publish, buy or sell the following objects through Matouwang:
(a) Any objects which may make Matouwang violate any relevant laws, regulations, ordinances or rules;
(b) Objects contained in this Article 5.3 herein;
(c) All the objects that Matouwang deems to be prohibited or not suitable for release and transactions through Matouwang.
The member grants Matouwang the exclusive and universal use right for free permanently, and Matouwang has the right to use, copy, revise, modify, release, translate, distribute, implement, and display (all or part of) “Your information” or make their derivative works, and incorporate “Your information” into other works in the currently known or later developed forms, media or techniques.
Matouwang will not make the registration information of a user open to the public or provide it to any third party, unless;
(a) It has obtained explicit authorization from the user;
(b) The products and services required by you can only be provided by disclosing your information;
(c) As required by laws and regulations;
(d) As required by relevant government departments;
(e) For the purpose of protecting the legal rights of Matouwang.
Matouwang will only use “Your information” in accordance with Privacy Statement of Matouwang. All provisions in Privacy Statement of Matouwang forms an integral part of this Agreement, therefore, members must read them carefully. Please note that once you voluntarily disclose “Your information” on Matouwang, such information will be obtained or used by third parties. Matouwang will not assume any responsibilities for your losses therefrom.
You understand and agree that when you register at Matouwang to become its member, it’s necessary to collect your information like your name and e-mail addresses. When you browse Matouwang, the server will automatically collect the information like your IP address and pages you have browsed. In the meantime, Matouwang will collect information of domestic suppliers and their products as well as the information required by the global procurers to establish its database system.
9.1 Add items of product descriptions
Product descriptions are the text descriptions, paintings and/or pictures provided by you to display on Matouwang, which can be:
(a) Descriptions of products owned by you and you wish to sell;
(b) Descriptions of products you are looking for.
You can release production descriptions in any classification on Matouwang, or simultaneously release in two classifications, provided that you must classify such products into the correct categories. Matouwang will not be responsible for the correctness of product descriptions or authenticity of contents.
9.2 Negotiation on transactions
Parties concerned in transactions can negotiate on the platform of Matouwang. All the parties accept that they will make Matouwang users involved to be obliged for completion of transactions. Unless in special situations (e.g. the seller materially modifies product descriptions or clarifies any text input errors), they undertake that no revocation or cancellation shall be made.
9.3 Treatment of transaction disputes
Matouwang will not participate in transactions between members and users. If dispute arises between one member and one or more users, or arises from the services provided by the third party supplier which the users find on Matouwang or from inbound links of Matouwang, Matouwang will not assume any responsibilities for all the disputes and consequences arising therefrom.
10.1 No manipulation over transactions
You shall undertake that you will not use, help blind or deceive the potential partners (their clients or the third party) to/into manipulate/manipulating the results of business negotiation with the other party concerned in the transaction.
10.2 System integrity
You shall ensure that you will not use any devices, software or routine procedures to intervene with or try to intervene with the normal operation of Matouwang or any ongoing transactions and activities on Matouwang. You will not take any actions to impose unreasonably or disproportionately tremendous load onto network structure of Matouwang. You will not disclose/share your password to/with any third party, nor will use your password for any unauthorized purpose.
You will not take any actions that may damage the integrity of the information feedback system, e.g. utilization of the second membership identity or a third party identity to give positive and negative feedbacks (feedback data explosion).
10.4 Not for business purposes
You shall undertake that you will not use any materials for business purposes, including but not limited to, replicating any information display on Matouwang and use for business or other profit-earning purposes without obtaining prior written permission from the authorized senior managerial staff of Matouwang.
10.5 Legal operation
You shall undertake that you will operate in accordance with laws, and you will not use online transaction services provided by Matouwang to engage in illegal and criminal activities (including but not limited to tax evasion).
You understand and agree that Matouwang can terminate the “Service” password, account (or its any part) and use of the “Service”, delete or discard “Your information” submitted by you during your use of the “Service” for any reasonable reasons [including but not limited to, Matouwang believes that you have violated the literal significance and denotation of this Agreement, or you act in the way violating the literal significance and denotation of this Agreement, or you have not logged in using the member account and password for more than 90 days (including 90 days)] at Matouwang’s own discretion under the condition that it has not charged the member.
You understand and agree that under the condition of having been charged by Matouwang, the aforesaid service termination is implemented based on reasonable suspicion and upon notification through e-mail. Matouwang has the right to stop providing the “Service” or its any part at its own discretion when you have violated or allegedly violated this Agreement, other agreements signed with Matouwang, any rules released by Matouwang, laws and regulations, regardless of whether there is any notice. You undertake that measures of terminating your use of the “Service” in accordance with the provisions of this Agreement can be taken without prior notice. You acknowledge and agree that Matouwang can forthwith invalidate your relevant account, cancel such account and all the information and files inside, and prohibit you from getting access to such account or “Service”. Upon termination, Matouwang has no obligation to retain the information in such account, or forward the information that has not been read or sent. Matouwang is not required to be liable to you or to any third party for the termination of your access to the “Service”.
On the premise of no restriction of other remedial measures, Matouwang can, with or without warning given, temporarily or permanently terminate the membership, delete any existing commodity information of a member and other information displayed on the website, or reject the use of Matouwang services in any form by such member in case of any of the following, where Matouwang will not assume any responsibilities for reduced services provided for you, and Matouwang will reserve the right to call you account for your legal accountability:
(a) The member violates this Agreement;
(b) Matouwang cannot verify or authenticate any information provided by the member;
(c) The member fails to update its personal information, or fails to update its new Business License information when its actual operation information is inconsistent with the Business License;
(d) The member releases the information beyond its operation scope or information irrelevant to Matouwang services;
(e) Release business information for business activities in the names of other enterprises;
(f) Conduct of sales of account or authorized use without Matouwang’s approval;
(g) Conducts of the member, believed by Matouwang, will hold such member, Matouwang users or third-party service provider who provides services through Matouwang legally responsible;
(h) Other conducts that violate national laws and regulations, rules and regulations, relevant Matouwang agreements, provisions, rules, procedures, and conventions.
On the premise of no restriction of other remedial measures, if Matouwang finds out that a member is involved in fraudulent activities with Matouwang involved in,it has the right to suspend or terminate such relevant account.
Matouwang will offer you convenient and rapid services during your use of Matouwang services in its best endeavors. However, it cannot guarantee that it will not be faced with technical issues or other difficulties at any time, which may cause data loss or other interruptions of services. For this purpose, the member must understand and agree that risks of using the “Service” shall be borne itself. “Service” will be provided on “as-is” basis and “available” basis. Matouwang explicitly states that it will not make explicit or implied warranties of any kind, including warranties about marketability, applying to a specific purpose and no infringement actions. Matouwang will not make warranties about the following:
(a) “Service” shall comply with the requirements of members;
(b) “Service” will not be disrupted, which shall be timely and safe with no errors.
(c) Results that may be obtained from the use of “Service” are accurate or reliable;
(d) Quality of any commodities, services, information or other materials purchased or obtained through “Service” by the member shall deliver the expected effects. The information downloaded through the use of “Service” or obtained in other forms shall be at the discretion of the member, risks related to which shall be borne by the member itself. It shall assume the responsibility arising from any computer system damages or any data loss due to relevant data download. Matouwang will not assume any obligations and responsibilities for any oral or written opinions or information not explicitly set forth in this Agreement, which are obtained from Matouwang or through “Service”.
14.1 The member clearly understands and agrees that it shall assume the risks arising from the use of Matouwang services, and Matouwang will not be responsible for compensation for damages arising from any of the following, including but not limited to, compensation for losses in aspects like profits, reputation, usage, data, or other intangible damages (regardless whether Matouwang has been informed of the probability of compensation for such damages).
(a) Use or failure in using the “Service”;
(b) Fees incurred due to any goods, samples, data, materials or services purchased or obtained through or from “Service”, or fees incurred due to receiving any information from “Service”，or obtaining substitute goods and services in any transaction established.
(c) Access to or modification of your information or data without approval;
(d) Statements on “Service” or conducts related to “Service” by any third party;
(e) Any other “Service” related matters caused by whatsoever reasons, including negligence.
14.2 You agree during the process of using Matouwang you shall compensate and hold harmless Matouwang, its staff, owners, and agents for and from any claims, demands, lawsuits, (actual, special and consequential) losses and damages of any kind and nature, whether known or unknown, arising from or caused by breach of this Agreement or terms and rules included in this Agreement by reference, violations of any laws, or infringement of rights of the third party by the user, including reasonable attorney fees.
14.3 Matouwang are not responsible for the contents that you find after searching in the information released on Matouwang, nor shall it guarantee the authenticity, instantaneity, safety and correctness of the information. Matouwang, its staff, owners and agents are not responsible for any of your losses or damages caused by your using the information released on Matouwang, nor shall it be responsible for your decision or action which are made since you believe in the information released on Matouwang. Matouwang, its staff, owners and agents do not have legal responsibility for your damages caused directly, indirectly, occasionally, particularly, or in other ways because of using or unable to use Matouwang services, even though Matouwang has been informed of the possibility of such damages in advance.
The member shall abide by all the relevant laws, regulations, ordinances and rules concerning the use of “Service”, auction, purchase and sales of any objects, and trade information provided.
The member and Matouwang are in the relation of independent contracting parties only. This Agreement is not intended to establish or create any agency relation, partnership, joint venture relation, relation of employing or being employed, or relation of granting franchise or being granted.
When the member contacts with any third party which provides advertisement and communication business, or searches for a supplier of such business through “Service”, or participate in promotion activities, including payment for relevant goods or services, delivery of relevant goods or services, and any other terms, conditions, warranties or statement related to the business, such operation shall be between the member and the advertiser (as a third party) only. The member must ensure that Matouwang shall not be responsible for or assume any liabilities for losses or damages caused due to such business transaction or due to the fact that losses or damages are caused because information of such advertiser appears in the content of “Service”. In case that the member intends to establish or participated in any service related to any company, stock quotation, investment or securities through “Service”, or receive or require any news information, vigilant information or other materials related to any company, stock quotation, investment or securities through “Service”, please note that Matouwang will not be responsible for or assume any liabilities for the accuracy, usefulness, availability and profitability of such materials transmitted through “Service”, nor shall it be responsible for or assume any liabilities for any transaction or investment decisions made in accordance with such materials.
Matouwang shall not be held responsible for delay or failure in performing this Agreement due to reasons beyond the scope of reasonable control of Matouwang, including but not limited to natural disasters, strikes, disturbance, material scarcity, rationing, riots, war acts, government actions, faults of communication or other facilities, serious casualty accidents, etc.
19.1 Whether expressed or not, copyrights for the selection of materials, arrangement, edition and compilation of all the contents on Matouwang as well as texts, pictures, and other works created by Matouwang all belong to Maotuwang. Without written authorization or approval of Matouwang, no natural person, legal person, and other organizations shall amend, publish, transmit or sell all or part of contents on Matouwang, participate in their transmission or make derivative works of them, or use them in any other forms, including but not limited to company information, product information. Matouwang reserves the right to hold them accountable under the law.
19.2 Without authorization of Matouwang, no person shall use the trademarks designed, utilized and owned by Matouwang. All the other trademarks on Matouwang shall be owned by their right-holders.
19.3 Matouwang is entitled to the intellectual property rights for systems developed either by itself or in joint cooperation. All the rights of Matouwang are protected by law.
19.4 All the information readable on Matouwang is protected by Copyright Law of the People’s Republic of China, Trademark Law of the People's Republic of China, etc. Matouwang respects and protects the intellectual property rights of others. Without explicit approval of holders of copyright, trademark right, or other exclusive rights, no one shall release or spread any information and pictures that may infringe other persons’ rights, otherwise the tort feasor shall assume all the responsibilities arising therefrom.
This Agreement supersedes any of the previous written or oral agreements on the same matters concluded between the member and Matouwang. All contents of this agreement shall be governed by laws of mainland China. If any provision of this Agreement has been ruled invalid or unenforceable, it shall be cancelled, with remaining provisions continuing to be implemented. The title of a provision is set only for easy reference, which will not define, confine, interpret, or describe the scope or limit of such provision. No action taken by Matouwang on a breach by the member or other persons does not mean that Matouwang waives the right to take actions on dealing with subsequent breach or similar breaches.
Unless otherwise agreed, any dispute arising from or in connection with this Agreement or Matouwang services shall be submitted to Dalian Arbitration Committee, China for arbitration awards in accordance with its applicable arbitration rules. Arbitration awards shall be made to disputes separately, which shall not be treated with disputes of any other parties in a consolidated manner. Arbitration shall be performed in Dalian, China, and arbitration awards can be submitted for forced enforcement to the court having jurisdiction. During arbitration, the member or Matouwang can seek any temporary or preliminary remedial measure, including but not limited to, property preservation or evidence preservation measures, required to protect the legal rights or properties of the two parties from courts having jurisdiction in Dalian, China.