Please carefully read the Agreement here under!
Based on the following terms and conditions, Beijing Chuangshi Wangying High-Tech Co., Ltd (hereinafter refers to the Company) offers you various services .You are very welcome to get to know the Terms of Service Agreement (hereinafter refers to the Agreement) of Cooben International Business Website (hereinafter refers to Cooben) operated by the Company. The terms and conditions specified in the Agreement go for the various tools and services you use on Cooben (hereinafter refers to the Services) for trades and exchanges in the global business-to-business (B2B) electronic market (e-market) provided by Cooben (the domain name is cooben.com or cooben.net, we will take it similarly hereinafter).
A user should not only read this agreement but also some other web pages that include the related materials, because they may include some further information on agreement that goes for the users of Cooben.
The Agreement includes the texts of the Agreement and all kinds of rules which have been released or may be released by Cooben in the future. All rules here belong to the Agreement and shall have the same effects from the Agreement.
The two parties that conclude and sign the Agreement refer to Cooben and its users. The Agreement shall have the validity like a contract.
Applicable law mentioned in the Agreement refers to all kinds of laws, regulations and other normative legal documents distributed by the specific country/region where Cooben is based.
Services mentioned in the Agreement refer to service contents offered by Cooben for different types of users.
1. Acceptance of the Agreement of Cooben
Visiting Cooben in any way means that Cooben and you have reached the Agreement, and you are under the charge of the terms and conditions on the Agreement (hereinafter we take “terms” for short). Cooben can amend the Terms at any time based on the changes in the market the step of development and other circumstances. So it is suggested that you review the agreement often. If you do not agree with the related modification, you will have to stop using “the services”. The amended “terms” will automatically fall into effect when it is released by Cooben. You will have to read the amended “terms” carefully and can stop using “services” if you feel like it. ; if not, it means you have accepted the amended “terms”. In the event of any conflict between you and Cooben It will be the latest agreement that has the say. Unless something is clearly stated, the new contents, which help to expand the scopes of “services" or enhanced features, will be under the control of the Agreement. Unless the authorized senior management personnel of Cooben write out a written agreement, nothing in the agreement can be altered
2. Applicable groups of Cooben
Every user will have to be a natural person with capacity for civil conducts or a legal collective organization those people with no capacity for civil conduct or incomplete capacity for civil conduct cannot be registered as a user of Cooben. If a user deals with the transactions beyond the scope of capacity of civil rights or capacity for civil conduct, service agreement between such user and Cooben will not work at the very beginning .all the consequences caused by are answered for by the users and Cooben do not provide services for all the suspended users or -unqualified users .
3. Charging Rules
3.1 Cooben can amend the “charging rules” and the specified rates at any time. If provisions have been amended by Cooben, the consumption will have to be under the charge of the original rules, while the consumption in effect shall be under the charge of the newly announced “charging rules”. The “charging rules” shall come into effect from the date of announcement.
3.2 Cooben can choose to make temporary revision of “charging rules” and service charge rates for promotional activities. The changes mentioned above will be valid from the date when the announcement of temporary promotional activities posted by Cooben.
3.3 Cooben can change some or even all the services at any time when it is necessary. If a kind of new service becomes available on Cooben, the service charges will come into effect from date when service is announced to be doable
3.4 Every user shall take responsibility of paying all the fees needed for the services and other fees related to Cooben as well as the taxes for application. All tax liabilities because of the transactions, services and the website servers together with all fees related to hardware, software, services and other related aspects shall be paid by users.
3.5 All users of Cooben shall not include “sales conditions of items” into the fees imposed by Cooben or require other users to pay any fees to Cooben. However, users can take it into account of the charges raised by Cooben when they are making the reserve price or price.
4. Cooben only serves as a transaction agent
4.1 Cooben only serves as a market place where users identify transaction partners, launch transaction negotiations for goods and services, and has the access to various types of trade-related services. However, the Company cannot control the quality, safety or legality for goods related to transactions, the authenticity or accuracy of the business information as well as transaction parties that carry out their obligations according to the trade agreements. The Company cannot and will not have the say over whether transaction parties stick to their obligations specified in the agreements. In addition, you shall note that the risks of dealing with foreign citizens, minors or persons acting fraudulently do exist.
4.2 Cooben shall have the right to cancel any contract in the event of obvious faults in products or orders or when the goods are out of stock, but maintain the rights over restricting the order quantity of products
5. “Your Information” and goods available for business deals
“Your Information” shall include all information presented to the Company or any other user on public information occasions , or the email you use for your registration, transaction or listing items, including data, text, software, music, sound, photos, pictures, images, words and phrases or other materials. You shall take full responsibility for “Your Information”, and the Company only serves as a channel for you to release and publish “Your Information” on the Internet. However, if the Company believes that “Your Information” could cause the Company to answer for any legal or moral obligations, or possibly cause the Company (wholly and partially ) to lose the services from Internet service providers or other suppliers of the Company, or you do not or do log on Cooben again within the specified deadline, the Company may \ take any action against “Your Information” without asking you about that., It seems necessary or appropriate to delete the related information. You may have to make sure that you have all the rights over “Your Information” submitted to Cooben, including all copyrights. You will have to confirm that Cooben does not take any responsibility to choose which submitted information can be under the protection. And the Company will not prevent others who enjoy “services” to use “Your Information”, either.
6. Privacy Issues
Cooben will use Your Information based on privacy statement of the Company. All provisions in privacy statement of the Company belong to the Agreement, so you must read them carefully. Please note that if you disclose “Your Information” on transaction marketplace of Cooben, the information may be used by somebody else. When the users begin to use credit cards, savings cards and other payment ways, , their personal data will be directly transmitted to the related financial certification system in the settling programme, including anyone who Cooben cannot inform of. Although Cooben has the industry standards to protect the users' privacy rights, it cannot be guaranteed and will not be guarantee d (and the user do not have to expect that it will happen in any case ) that the users' personal information or private communication information can stay private
7. Transaction processes
7.1 Add a description for the product. The product description refers to the displayed text description or pictures that are meant to be put up by the users on Cooben, which can be the description of a product they wish to sell or to buy. Users can release the description for any type of product on Cooben or even two types at the same time. Cooben shall not be responsible for the accuracy or contents of the description. Cooben provides translation services so as to help the users to translate works. . If the user does not agree to the translation results, he/she shall submit the objection to Cooben notice within 5 days from the uploading of translation result on Cooben will talk with you or to make changes timely. . Cooben will not take care of the overdue notices
7.2 The use of multilingual communication tools. The transaction parties can make use of the multilingual communication tools on Cooben to carry out business talks. Cooben shall not be responsible for the communication contents or the communication conclusions
7.3 The Company will not and cannot be involved in transactions among the parties. In cases of any dispute and conflict arising between you and other users, or the third party service providers through which you obtain the services from Cooben, Cooben (and agents and employees of the Company) is disclaimed from the responsibilities for such dispute arising therefore or any claims, demand, damage compensation and other aspect, actual and consequential, related to such dispute..
7.4 Use your common sense. The Company cannot or will not attempt to control the information provided by other users through “services”. Naturally speaking, other users' information may be offensive, harmful or inaccurate, and it may be attached with wrong identification statement or added with fraudulent identification statement in some cases. So the Company expects you to use the company website at precaution
8. Transaction System
8.1 You cannot manipulate any transaction. You should promise not to help the confederates with the intention of fabricating truths (the affiliated client or a third party) or manipulate the outcome of business negotiations with the other transaction party.
8.2 Keep the system well. You have to promise that you will not use any device, software or routine program to interfere with the operation of Cooben or any ongoing transaction on Cooben. You shall not push unreasonably huge load to the website You shall not disclose your password to any third party, share your password with any third party, or use your password for any unauthorized acts.
8.3 Feedback. You shall not undermine the integrity of information feedback system, for example : giving positive feedback with a second membership ID or a third party; giving negative feedback with a second membership ID or a third party (bombing of feedback data); or give negative feedback when the user cannot carry out transactions outside the transaction (forced ,ill feedbacks
8.4 Don't use it for commercial purposes. You have to agree that you will not make any commercial use of the information, including the copied or displayed information for commercial purposes without a written approval of authorized senior management personnel of Cooben.
9. Users' rights
9.1 All users have the right to possess and use their own user names and passwords to log on transaction platform of Cooben at any time. They also have the right to, review and change their personal identification information.
9.2 All users shall have the right to enjoy the services provided by Cooben based on service agreement.
9.3 Services available for members of Cooben: Clients can enjoy the different services according to their demands.
9.4 If there is a conflict between a user and other users in the transaction process on Cooben, he/she shall have the right to request Cooben to act as the medium. If a user finds that other users have broken the law or the Agreement or he/she is involved with legal proceedings with other users due to online transaction, he/she shall have the right to request Cooben to provide relevant information with the approval of justice administration based on the statutory procedures.
10. User's obligations
10.1 According to the requirements of developing member information form by Cooben, you shall provide true, accurate and complete information of you or your company. They should go hand in hand with the current situations. You shall maintain and promptly update member information to keep it true, accurate, complete and have much to do with the current situations. If you provide any untrue, inaccurate, incomplete or information that has been well behind time, or when Cooben has proofs that the information is untrue, inaccurate, incomplete or and so on, Cooben has the right to suspend or terminate your registration identity and information, and shall refuse to use the present or future “services: (or any part) in any form. If you register on behalf of a company or any other legal subject on Cooben, you shall ensure that you have the right to make sure that the company is under the charge of the agreement
10.2 During the registration, you will have to choose a registered user name and password. You will have to make sure the confidentiality goes well. And you shall take all the responsibilities for the activities related to you. In case of your username is stolen by somebody else, or any other similar problems, Cooben will be at service for you all the time and please contact us immediately
10.3 You shall make sure that you log out with correct steps Cooben cannot and will not be available for any loss or damage as a result of your mistakes
10.4 Users' information and all “items” (referring to all tangible or intangible specific items in various form, or some kind of rights or interests, or some notes or securities, or some kind of services or conducts, which are available for transactions based on law. “Items” refer to the meanings in the Agreement) for transactions on Cooben:
No violation against any law, regulation, ordinance, ordinance or any other legal document.
No frauds or involvement with the sale of counterfeit or stolen items.
No goods or services forbidden by the Agreement or goods and services that all users have no right to connect or contain.
No infringement on ownership of property, copyrights, patents, trademarks, trade secrets, other intellectual property rights, the right to privacy or the right to reputation owned by any third party for the items.
No violation against any law, regulation, ordinance or regulation (including all laws, regulations, ordinances or regulations which are standardized on export management, trade quotas, consumer protection, unfair competition or false advertisement).
No viruses, Trojan horses, time bombs, spyware or other computer programs which may damage, change, delete, adversely effect, secretly intercept, are allowed in any systems, data or personal information.
No forcing Cooben to assume responsibility for violation against any law in effect or regulation (wholly or partially) so that Cooben lose services offered by other service providers.
No contents on slander (including commercial slander), illegal harassment or illegal intimidation.
No any obscene contents of or any child pornography contents.
No causing or threat to make unreasonable or disproportionate share of the major loads in the internal structure of Cooben (at the discretion of Cooben).
No interference with or attempts on interference with the normal work of Cooben or any activity on Cooben.
No racial discrimination, sex discrimination, religious discrimination, ethnic discrimination and disability discrimination or gender and age discrimination information is allowed
The items should be true, accurate, complete and well suit the situations.
and identifiable and verifiable
10.5 Users shall not use services of Cooben in any e-mail spam and junk information; shall not, without the approval from others, make malicious use of Cooben like collecting other people's e-mail boxes and other data; shall not, produce copies, reproduce, modify, create derivative works, publicly display or distribute contents of Cooben (except for users' information) without any written approval by Cooben and any third-party (if applicable); shall not use services of Cooben to make a false e-mail box or try to mislead other people with the identity of sender or the source of information in other forms.
10.6 Users shall specify their goods and sales conditions, including text tips, pictures and other contents related to items for sale; all the posted items shall be appropriately classified in the related post area
10.7 All claims and demands (including legal fees and other professional fees) as a result of users' violation against the Agreement or Agreement and other documents mentioned in the Agreement or users' violation against the law or infringement on the rights of a third party, which are raised by the third party for Cooben and its subsidiaries, affiliates, directors, employees, agents and other parties concerned, the users shall compensate Cooben and its subsidiaries, affiliates, directors, employees, agents and other parties concerned for any loss whatsoever.
All users shall not conduct intentional destruction credit ratings of other users or slander the reputation of other users, or take improper means to improve their own credit or downgrade credit ratings of other users.
10.8 Unless it is delivered quickly, all notices by Cooben shall be sent in the form of email or directly released on our website. So users are advised to log on their e-mail boxes or visit our website at any time. Within 24 hours after an e-mail is sent, the notice will be given to show that it is completed
11. Authorized rights of use granted by you to the Company
You shall grant the Company the exclusive, worldwide, perpetual and free-of-charge authorized rights of use (and have the right to re-authorize such rights at many levels) so that the Company has the right wholly and partially) to use, copy, amend, adapt, publish, translate, distribute, display and implement “Your Information” or the produce derivative works and/or integrate “Your Information” into other works with any form, media or technology used or to be developed in future.
12. Termination of services or access restrictions
You have to agree that without charging you Cooben has the right to terminate your “services” password, account (or any part) or your use of “services” for any reason in privilege (including Cooben finds out that you have been breaking the Agreement by words and action or you do not act according to the Agreement in letter and spirit, or you don't log on Cooben with your account and password for more than 90 days), and remove and discard “Your Information” submitted in the use of “services” . You here have to agree that when Cooben charges you it shall take an action mentioned above to terminate services based on potential suspicion upon the reception of an e-mail notice. At the same time, Cooben has the right to terminate your “services” or any part of them with the notice or without notice at any time. You have agreed that any measures taken to terminate your use of “services” could be done in without noticing you based on the provisions of the Agreement. You have to acknowledge and agree that Cooben can immediately make your account invalid, cancel your account or all the relevant information and files in your account, and/or prohibit your further access to the similar files or “services”. After the account is terminated, Cooben will not retain your original account or any related information, or forward or any of the unread or unsent information to you or a third party. In addition, you have to agree that Cooben shall not be liable for you or any third party in terms of termination of your access to “services”.
13. Consequences of in violation of the rules
Without limiting other remedies under the premise, if any of following circumstances happens, the company can immediately issue a warning, suspension, termination or permanent suspension of your user qualification, delete any of product information that exists, and any other displayed information in the event of following circumstances.
13.1 You break the Agreement.
13.2 The Company is unable to verify or identify any information submitted by you.
13.3 The Company believes that your actions may cause you, our users or a third party service provider which serves through the Company or Cooben to s go against any legal activates. Without any other way around
14. Force majeure
As for the reasons that are beyond the control of Cooben, including natural disasters, riots or strikes, material shortages or rationing, riots, wars, governmental actions, failure of communications or other facilities, serious accidents or other events, that result in the delay of the Company's or the breaking acts against the agreement, Cooben would not take any responsibility for you.
15. Disclaimer
15.1 Cooben only serves as a place that allows users to provide, sale and purchase any items from anywhere legally and on the premise of working on hand in hand with Agreement and related rules at any time in a variety of ways. Cooben doesn't participate in the actual transactions between buyers and sellers.
15.2 Cooben cannot control the quality, security or legitimacy of any item or authenticity or accuracy of users' posted items, the ability of sellers to sell items or the ability of buyers to buy items. Cooben also cannot control, endorse or approve any available item, information or the content from the users through Cooben's system. Cooben cannot ensure and does not guarantee that any buyer or seller will actually carry out transaction or use Cooben legally.
15.3 If any conflicts arise between a user and one or more other users, the users shall exempt the liability of Cooben (and its senior officers, directors, agents, affiliates, parent companies, subsidiaries and employees) from each type of claims, demands and damages due to the conflicts or in connection with the disputes mentioned above, which are known or unknown, dubious or suspicious, disclosed or undisclosed.
15.4 For the purchase of storage space, network traffic, credit unit, translation services and other services, Cooben uses Cooben Money as the accounting service tool for records. Once the purchase is done successfully, it means that the services begins to be available , unless it is agreed, the purchaser cannot ask for a refund. Cooben strictly prohibits users' sale of Cooben Money on the sly if that happens, Cooben has the right to take it back users who might be stopped to some of the functions, etc. Cooben and Cooben staff (and its senior officers, directors, agents, affiliates, parent companies, subsidiaries and employees) are not responsible for the losses from private sales.
16. Compensation
All claims and demands (including legal fees and other professional fees) because of your breaking the Agreement or Agreement and other documents mentioned in the Agreement or your violation of the law or infringement on the rights of a third party, which are raised by the third party for Cooben and its subsidiaries, affiliates, directors, employees, agents and other parties concerned, you shall compensate Cooben and its subsidiaries, affiliates, directors, employees, agents and other parties concerned for any loss.
17. Compliance with the law
You shall obey all the relevant laws, regulations, rules and ordinances related to your use of “services”, your bid, purchase and sale of any items as well as trade-related information provided by you.
18. Non-agency relationship
Cooben is an independent contractor with you only. The Agreement does not intend to form or develop any relationship with the agent, partner, joint venture, employer, employee, licensee or licenser.
19. Advertising Services
Your published contact information of advertising personnel, business contacts or participation in promotional activities on “services” or via the agency service by “services”, including payment and delivery of relevant goods or services as well as any other term, condition, warranty or statement related to such business contacts They shall be limited to you and the personnel concerned. You have to agree that Cooben are not responsible for and shall not be liable for any kind of any loss or damage caused by the business contacts or published contact information on “services”.
20. Services is provided on “AS IS” basis
The Company will make every effort to let you enjoy Cooben. Unfortunately, we cannot foresee any unexpected problems. The issues may lead to data loss or other interruption of services. Therefore, you have to understand clearly and agree that your use of “services” is at your hand. Such “services” are provided on base of status quo or availability. Cooben states that it does not guarantee, expressly or implied, including but not limited to merchantability, suitability for a certain specific purpose, non-infringement and other aspects. Cooben does not guarantee:
20.1 “Services” are exactly what you want
20.2 “Services” are uninterrupted, timely and safe without any errors.
20.3 The services provide accurate results
20.4 Any of the products, services, information or other materials, purchased or acquired through “services”, will be in line with your expectations.
20.5 You have the say to any downloaded or obtained materials in any other form and it is you who are about to take the risks. You shall answer for all the responsibility for download such materials and possible damage or loss in your computer. Any oral or written advice or information from Cooben or through the use of “services” cannot guarantee
20.6 Existing profits, goodwill, uses, data loss, other losses or other kinds of intangible losses (but are not limited to), regardless of whether Cooben have been informed of the possibility of such damages.
20.7 Unauthorized access or the changes of the users' transmitted information or data.
20.8 Any other matters related to “services” caused for any reason, including negligence.
21. Links
Both Cooben and its users can provide other Internet websites or resources. As Cooben doesn't have any strict rules over it. You have to acknowledge and agree that Cooben shall not be responsible for the availability of such external websites or resources. And Cooben shall not approve any contents, information, products, services or other materials on or available from such external websites or resources, h Cooben shall not assume any responsibility or liability about that.. You have to acknowledge and agree that Cooben shall not shall not be responsible for any direct or indirect losses (or claimed to incur) caused from any use or trust in such contents, information, products, services or other materials available from such external websites or resources.
22. Transfer
Cooben has the right to transfer the Agreement without prior notice to users.
23. Other provisions
The Agreement shall overcome any written or oral agreement which was previously concluded on the same matters, and other issues that not yet get mentioned All aspects of the Agreement shall be governed by the law of the People's Republic of China (Chinese Mainland). If any provision of the Agreement has been invalid or doesn't come to effect. The provision shall be removed and the remaining provisions shall be enforced. The headings of terms are for reference only, which shall not define, limit, explain or describe the scope or the limits of the terms in any way. That the Company hasn't taken any action for your breaking the rules or other people does not mean that the Company does not want to handle against any subsequent or similar breaches.
24. Arbitration
Any dispute caused by or related to the Agreement or the services of the Company shall be referred to Haidian District People's Court of Beijing for judicial proceedings, which is under the charge of the law of the People's Republic of China .