platform service agreement
UIDisk platform service agreement
Latest version release date: January 4, 2021
Latest version effective date: January 11, 2021
Welcome to sign this UIdisk platform service agreement (hereinafter referred to as "this Agreement") with the operator of UIdisk platform and use the UIdisk platform service!
[careful reading] you should carefully read this agreement before clicking to agree to this agreement in the application registration process. Please be sure to carefully read and fully understand the contents of each clause, especially the clauses of exemption or limitation of liability, application of law and dispute resolution. The terms of exemption or limitation of liability will be marked in bold and you should focus on it. When you fill in the information, read and agree to this Agreement and complete all the registration procedures according to the prompts on the registration page, it means that you have fully read, understood and accepted all the contents of this agreement, reached an agreement with UIdisk platform and become a "member" of UIdisk platform. In the process of reading this agreement, if you disagree with this agreement or any of its terms, you should immediately stop the registration process.
Article 1 operator of UIdisk platform
This agreement is signed by you ("member") and the operators of each trading platform ("UIdisk platform" or "platform") of UIdisk Trading Co., Ltd. Each platform operator shall sign this agreement with you on your rights and obligations in the process of receiving member services on the platform, and shall be independently liable to you, without undertaking guarantee, joint and several or joint liability to each other. The UIdisk platform and platform operators participating in the conclusion of this Agreement are:
Online website (www.uidisk.Com), client and offline physical stores
The affiliated enterprises of UIdisk Trading Co., Ltd. and its trading platform that support UIdisk member account login and you log in and use the service.
Article 2 scope of agreement
2.1 this agreement is concluded by you and the operator of UIdisk platform. This agreement has contractual effect for you and the operator of UIdisk platform.
2.2UIdisk platform operator refers to the legal entities operating UIdisk platform. You can check the license information publicized at the bottom of the home page of each website of UIdisk platform at any time to determine the UIdisk platform entity performing contract with you. Under this agreement, the operator of UIdisk platform may be changed according to the business adjustment of UIdisk platform. The changed operator of UIdisk platform will jointly perform this Agreement and provide services to you. The change of operator of UIdisk platform will not affect your rights and interests under this agreement. The operator of UIdisk platform may also be added due to the provision of new UIdisk platform services. If you use the new UIdisk platform services, it is deemed that you agree that the operator of the new UIdisk platform will jointly perform this agreement with you. In case of dispute, you can determine the subject of your performance and the other party of the dispute according to the service you use and the specific behavior object that affects your rights and interests.
2. The platform specifications, notices, announcements, operating rules, help documents, warm tips, etc. released by 3UIdisk platform are collectively referred to as transaction rules. Transaction rules are supplementary agreements to this agreement, which are inseparable from this Agreement and have the same legal effect. If you use UIdisk platform service, it is deemed that you agree to the above supplementary agreement.
Article 3 account registration and use
3.1 you confirm that before you start the registration procedure and use the UIdisk platform service, you should have the civil capacity appropriate to your behavior as stipulated by the laws of the people's Republic of China. If you do not have the above-mentioned civil capacity suitable for your behavior, you and your guardian shall bear all consequences arising therefrom in accordance with the law.
3.2 after you fill in the information according to the prompts on the registration page, read and agree to this Agreement and complete all the registration procedures, you can obtain the UIdisk platform account and become a member of the UIdisk platform.
3.3 you have the right to log in to UIdisk platform by using the member name, email, mobile phone number (hereinafter referred to as "account name") and password (account name and password are collectively referred to as "account") you set or confirmed. Because your UIdisk platform account is associated with your personal information and UIdisk platform business information, your UIdisk platform account is only for your own use. In principle, the UIdisk platform only allows each user to use one UIdisk platform account. Without the consent of UIdisk platform, your direct or indirect authorization to a third party to use your UIdisk platform account or obtain the information under your account is invalid. If the UIdisk platform judges that the use of your UIdisk platform account may endanger your account security and / or the information security of the UIdisk platform, the UIdisk platform may refuse to provide corresponding services or terminate this agreement.
3.4 because the member account is associated with the member's credit information, you can transfer the account only if there are explicit provisions of law, judicial ruling or with the consent of UIdisk platform and in accordance with the member account transfer process specified in the rules of UIdisk platform. Once your account is transferred, the rights and obligations under the account will be transferred together. In addition, your account shall not be transferred in any way, otherwise UIdisk platform has the right to investigate your liability for breach of contract, and all responsibilities arising therefrom shall be borne by you.
3.5UIdisk platform provides a variety of services for members. Considering the member experience and functional services, the contents you are required to fill in may not be completely consistent when using services on different platforms. Therefore, when using higher-level services, you may need to supplement complete information in order to provide you with better services and ensure the security of your account.
Article 4 member management
4.1 when using the UIdisk platform service, you should accurately and completely provide your information (including your name and e-mail address, contact number, contact address, etc.) according to the prompts on the UIdisk platform page, so that the UIdisk platform can contact you.
You understand and agree that you are obliged to maintain the authenticity and validity of the information you provide. If the registration information you provide is illegal, untrue, inaccurate and incomplete, you must bear the corresponding responsibilities and consequences, and UIdisk platform has the right to cancel your account.
4.2 the member name of UIdisk platform you set shall not violate the management provisions of national laws and regulations and UIdisk platform rules on member name, otherwise UIdisk platform can reclaim your UIdisk platform member name. The recovery of the member name of UIdisk platform will not affect you to log in to UIdisk platform with email and mobile phone number and use UIdisk platform services.
4.3 you should update the information you provide in time. If the law clearly stipulates that UIdisk platform, as a platform service provider, must verify the information of some members (such as platform merchants), UIdisk platform will check and verify your information from time to time according to law, and you should cooperate to provide the latest, true, complete and effective information.
If the UIdisk platform fails to contact you according to the latest information you provide, you fail to provide information in time according to the requirements of the UIdisk platform, the information you provide is obviously untrue, or the administrative and judicial authorities verify that the information you provide is invalid, you will bear all losses and adverse consequences caused to yourself, others and the UIdisk platform. UIdisk platform can send you a notice of inquiry or rectification, and require you to recertify until you suspend or terminate some or all of the UIdisk platform services. UIdisk platform is not responsible for this.
4.4 your account is set up by yourself and kept by you. UIdisk platform will not actively ask you to provide your account password at any time. Therefore, it is recommended that you take good care of your account, and ensure that you log out at the end of each online period and leave the UIdisk platform with the correct steps.
UIdisk platform will not be responsible for the losses and consequences of your account due to your active disclosure or other acts of attack and fraud by others. You should recover from the infringer through judicial, administrative and other remedies.
4.5 except for the fault of UIdisk platform, you shall be responsible for all behavior results under your account (including but not limited to signing various agreements online, publishing information, purchasing goods / services and disclosing information).
4.6 if you find any unauthorized use of your account to log in to the UIdisk platform or other situations that may lead to the theft and loss of your account, you are recommended to notify the UIdisk platform immediately. You understand that it takes a reasonable time for the UIdisk platform to take action on any of your requests, and the actions taken by the UIdisk platform at your request may not be able to avoid or prevent the formation or expansion of infringement consequences. Except for the legal fault of the UIdisk platform, the UIdisk platform shall not be liable.
4.7 you agree that UIdisk platform has the right to send order information, promotional activities, advertisements or advertising links to you and your designated consignee through email, SMS, telephone and other forms.
4.8 if you have the behavior of maliciously purchasing and obtaining electronic coupons by improper means, UIdisk platform has the right to make independent judgment and take measures to suspend or close your member account or empty the electronic coupons.
4.9 in accordance with relevant national laws, regulations and rules, you agree to strictly abide by the following obligations:
4.9.1 it is not allowed to transmit or publish statements that incite resistance and undermine the constitution, laws and administrative regulations, incite subversion of state power and the socialist system, incite secession and national unity, incite national hatred, national discrimination and undermine national unity;
4.9.2 must transmit relevant information to China and abroad when it is transmitted to Chinese mainland.
4.9.3 do not use this platform to engage in illegal and criminal activities such as money laundering, stealing trade secrets and stealing personal information;
4.9.4 do not interfere with the normal operation of the platform, and do not invade the website and national computer information system;
5.4 no obscene, sexually abusive, indecent, sexually abusive, sexually abusive, sexually abusive, or sexually abusive material shall be transmitted to others;
4.9.6 it is not allowed to transmit or publish information, materials or statements that damage the national social and public interests and involve national security;
Do not abet others to engage in acts prohibited by this article 9.4;
4.9.8 the account registered on this platform shall not be used for profit-making business activities (such as claim, wholesale, speculation and resale);
4.9.9 it is not allowed to publish any content that infringes other people's intellectual property rights such as copyright, trademark right and other legal rights.
If you fail to comply with the above provisions, UIdisk platform has the right to make independent judgment and take measures such as suspending the membership authority until canceling your UIdisk platform account, and you must bear legal responsibility for your speech and behavior.
4.10 according to relevant laws and regulations, UIdisk platform hereby solemnly reminds you that any information, data, text, photos, graphics, information or other data (hereinafter referred to as "content") uploaded, posted or transmitted by you through UIdisk platform, whether in public or in private, shall be the responsibility of the content provider and publisher. In any case, UIdisk platform is not responsible for such content, including but not limited to any error or omission of such content and any loss or damage derived from such content. However, UIdisk platform has the right to stop transmitting any of the above contents according to law and take corresponding actions, including but not limited to suspending all or part of your services using UIdisk platform, keeping relevant records and reporting to relevant authorities.
4.11 UIdisk platform shall not be liable for the deletion or storage failure of your published information. UIdisk platform has the right to determine whether your behavior meets the requirements of UIdisk platform rules. If your behavior does not meet the above requirements, UIdisk platform has the right to terminate the service provided to you.
4.12UIdisk platform has the right to determine whether your behavior complies with the provisions of Chinese laws and regulations and the provisions of this agreement. If you violate the provisions of Chinese laws and regulations or the provisions of this agreement, UIdisk platform has the right to make independent judgment and take measures such as suspending or closing your account.
5.2 your purchase behavior shall be based on the real consumption demand, and there shall be no malicious purchase of goods and / or services, malicious rights protection and other behaviors that disturb the normal trading order of UIdisk platform. Based on the need to maintain transaction order and transaction security, UIdisk platform can actively close relevant transaction orders and other operations when it finds the above situations.
5.3 you have the right to evaluate other user goods and / or services traded with you in the evaluation system provided by UIdisk platform. You should understand that your evaluation information on UIdisk platform is public. If you are unwilling to disclose your identity information to the public in the evaluation information, you have the right to choose to publish the evaluation content anonymously.
5.4 in order to ensure that the evaluation content can provide a reliable basis for consumers' shopping decisions and reflect the real situation of goods and / or services, all your evaluation actions should comply with the relevant provisions of UIdisk platform rules. The evaluation content should be legal, objective and true, related to the traded goods and / or services, and should not contain any foul language, pornography, vulgarity Advertising information and other prohibited information listed in laws and regulations and this Agreement; You should not help others improve their credit in an improper way or use the evaluation right to threaten or blackmail other users. UIdisk platform can take necessary disposal measures for the evaluation information generated by your implementation of the above behaviors in accordance with the relevant provisions of the platform rules.
Article 6 basic rules for order establishment and performance
6.1 when you place an order, please carefully confirm the name, price, quantity, model, specification, size, contact address, telephone, consignee and other information of the purchased goods. The consignee's intention and your behavior shall be regarded as the consignee's intention and the legal consequences, which shall be deemed to be consistent with your intention and your behavior.
6.2 if the seller (or the distribution company entrusted by the seller) delivers the goods to the consignee who is not your intention due to the error of the consignee's contact number, address and other information filled in by you, the resulting losses shall be borne by you.
6.3 contract establishment: when you place an order and pay the purchase price, the successful payment of the purchase price will be deemed as the establishment of a contractual relationship between you and the seller with respect to the order for which the purchase price has been paid. Unless otherwise stipulated by law or agreed by you and the seller before placing an order.
6.4 the seller will try its best to meet your needs and avoid the shortage of the goods you choose. However, due to technical obstacles and various factors that are difficult for the seller to control and avoid, the seller cannot guarantee that all the goods that meet all the requirements in the order you submit are available; If the goods you ordered are not available, the seller will contact you in time for negotiation. You have the right to cancel the order (initiate the online return refund procedure). If you pay, the seller will return the paid money to you.
6.5 the seller publicizes the limited purchase quantity of some commodities on the platform page. If you want to buy more goods than the purchase limit, please contact UIdisk platform or relevant third-party merchants. The seller has the right to unilaterally cancel the order you have submitted from a non key customer channel or a channel designated by a third-party merchant. Unless otherwise specified, the above limited purchase quantity is not only for a single account. If you place an order through multiple accounts within a period of time, although the quantity of a single order does not exceed the limited purchase quantity of the commodity, it is judged that the actual buyer is one person or closely related to you through the receiving address, ordering IP address, contact phone number, consignee, etc, If the total purchase quantity of multiple orders exceeds the limited purchase quantity of the goods, the seller has the right to cancel the relevant orders.
Article 7 distribution
7.1 the seller will deliver the products to the delivery address specified by you. All delivery times listed on UIdisk platform are reference times. The calculation of reference time is estimated based on inventory status, normal processing process, delivery time and delivery location. The reference time is not equal to the arrival time. The delivery cost varies according to the delivery method and region you choose. Please fill in your real name, delivery address and contact information accurately and clearly.
7.2 if the order is delayed or cannot be delivered due to the following circumstances, the Seller shall not bear the responsibility for delayed delivery, and reserves the right to cancel the order unilaterally:
7.2.1 you provide wrong information and not detailed address;
7.2.2 the delivery of goods is not signed, resulting in failure or delay of delivery;
7.2.3 caused by changing circumstances;
7.2.4 force majeure, such as natural disasters, traffic martial law, sudden war, etc.
Article 8 limitation of liability
8.1UIdisk platform performs the basic guarantee obligations in accordance with the law, but UIdisk platform does not bear the corresponding liability for breach of contract in case of obstacles to contract performance, defects in performance, delay in performance or changes in performance content caused by the following reasons:
8.1.1 due to natural disasters, strikes, riots, wars, government actions, judicial and administrative orders and other force majeure factors;
8.1.2 public service factors such as power supply failure and communication network failure or third party factors;
8.1.3 when UIdisk platform has managed in good faith, due to routine or emergency equipment and system maintenance, equipment and system failure, network information and data security and other factors.
8.2 we only provide you with UIdisk platform services. You understand that the information on UIdisk platform is released by users, and there may be risks and defects. UIdisk platform will protect your legitimate rights and interests and good experience on UIdisk platform as much as possible by establishing relevant inspection and monitoring systems according to law. At the same time, in view of the fact that the UIdisk platform has the characteristics of massive information and the separation of information from physical objects in the information network environment, the UIdisk platform cannot review the information of goods and / or services one by one, and cannot review the quality, safety, legitimacy, authenticity and accuracy of goods and / or services involved in the exchange one by one. You should make careful judgment.
8.3 you clearly understand and agree that the risk of using this service is borne by yourself, unless such risk or damage is directly caused by the fault of UIdisk platform. Unless otherwise specified in writing, the platform and all information, contents, materials, products (including software) and services contained in or otherwise provided to you through the platform are provided on the "as is" and "as is" basis.
8.4 unless otherwise specified in writing, UIdisk platform makes no express or implied guarantee or guarantee in any form for the operation of the platform and all information, content, materials, products (including software) or this service on the platform (unless otherwise stipulated by the laws of the people's Republic of China).
8.5UIdisk platform does not guarantee the authenticity, accuracy and completeness of any information obtained from this platform, such as other people's information or advertising (hereinafter referred to as "information"). If any unit or individual conducts any behavior through the above "information", it must distinguish the authenticity and carefully prevent risks. Otherwise, for whatever reason, the platform will not bear any direct, indirect, incidental or derivative losses and liabilities for any transaction and / or behavior not directly related to the platform.
8.6 you understand and agree that in the dispute mediation service, the customer service of UIdisk platform is not a professional, and can only judge the vouchers submitted by you based on the cognition of ordinary people. Therefore, except for intentional or gross negligence, the dispute mediation decision shall be exempted from responsibility.
Article 9 protection and authorization of member information
9.1 protection of personal information
UIdisk platform attaches great importance to the protection of users' personal information (i.e. information that can identify users' identity independently or in combination with other information). When you use the services provided by UIdisk platform, you agree that UIdisk platform collects, stores, uses, discloses and protects your personal information in accordance with the privacy policy published on UIdisk platform. If the UIdisk platform website or client does not have an independent privacy policy, but uses the UIdisk platform account to log in to the corresponding website or client, in order to protect your privacy, we will collect, store, use, disclose and protect your personal information with reference to the requirements of the applicable UIdisk platform website privacy policy. UIdisk platform hopes to clearly introduce to you how UIdisk platform handles your personal information through the privacy policy. Therefore, UIdisk platform recommends that you read the privacy policy completely (click here) [1] to help you better protect your privacy.
9.2 guarantee and authorization of non personal information
You declare and guarantee that you have legal rights to the information you publish. Otherwise, UIdisk platform can delete or block the information you publish according to law or this agreement.
9.3UIdisk platform guarantees that it will not disclose or provide the registration data of a single member and the non-public content stored on the UIdisk platform when using the service to a third party (except the affiliates of UIdisk platform), except for the following circumstances:
9.3.1 obtain your explicit authorization in advance;
9.3.2 it is necessary to fulfill your order or protect your legal rights;
9.2.3 relevant legal procedures and requirements of relevant government departments for UIdisk platform.
9.4UIdisk platform may cooperate with a third party to provide you with relevant services. At the same time, UIdisk platform may need to disclose your relevant information to the partner in order to better provide you with services, recommend goods / services and carry out market research and information data analysis. In this case, UIdisk platform has the right to provide your relevant information to the third party within the scope permitted by laws and regulations.
9.5 on the premise of not disclosing the privacy information of a single member, UIdisk platform has the right to analyze the member database and make commercial use of the member database within the scope permitted by laws and regulations.
9.6 in order to facilitate your use of the logistics, finance, communication and other related services of the UIdisk platform, you agree and authorize the UIdisk platform to transfer the information you provide and form in the process of account registration and use of the UIdisk platform services to other relevant service providers of the UIdisk platform, or obtain your registration Information provided and formed during the use of relevant services. You agree that you will not hold the relevant service providers of UIdisk platform accountable.
9.7 for the text, picture, video, audio and other non personal information other than personal information provided, published and formed in the use of UIdisk platform services, Within the protection period stipulated by law, you grant UIdisk platform and its affiliated companies the right to obtain the global exclusive license and re authorize it to other third parties for use, and you can obtain evidence and file a lawsuit against the infringement of the third party in your own name. You agree that UIdisk platform and its affiliated companies store, use, copy, revise, edit, publish, display, translate, distribute your non personal information or make derivative works, and incorporate the above information into other works in the form, media or technology known or developed in the future.
Article 10 intellectual property rights
10.1 once you accept this agreement, it means that you take the initiative to transfer the property rights and other transferable rights of any form of information content (including but not limited to customer evaluation, customer consultation, various topic articles, videos and other information content) published on UIdisk platform at any time, For example, all copyright property rights (including but not limited to reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, projection rights, broadcasting rights, information network communication rights, production rights, adaptation rights, translation rights, compilation rights and other transferable rights that should be enjoyed by the copyright owner) are exclusively and irrevocably transferred to UIdisk platform, You agree that UIdisk platform has the right to file a separate lawsuit for infringement of any subject.
10.2 the materials and information published on UIdisk platform (such as text, chart, logo, button icon, image, sound file fragment, digital download, data editing and software) are the property of UIdisk platform or its content provider and are protected by Chinese and international copyright laws, The compilation of all contents of the UIdisk platform is the exclusive property of the UIdisk platform and is protected by Chinese and international copyright laws. All software on the UIdisk platform is the property of the operator of the UIdisk platform or its affiliated companies or its software suppliers and is protected by Chinese and international copyright laws.
10.3 unless otherwise mandatory by law, you shall not illegally copy, reprint, quote, link, capture or otherwise use the information content of UIdisk platform in whole or in part without the written permission of UIdisk platform. Otherwise, UIdisk platform has the right to investigate its legal responsibility.
Article 11 notice and service
11.1 when you register as a member of the UIdisk platform and accept the services of the UIdisk platform, you should provide the UIdisk platform with real and effective contact information (including your e-mail address, contact telephone number, contact address, etc.). If the contact information changes, you are obliged to update the relevant information in time and keep the status that can be contacted.
The member account generated when you register as a member of UIdisk platform to log in to UIdisk platform to receive messages is also your effective contact information.
11.2UIdisk platform will send all kinds of notices to one or several of your above contact information, and the contents of such notices may have a significant beneficial or adverse impact on your rights and obligations. Please pay attention to them in time.
11.3UIdisk platform sends a notice to you through the above contact information, including the written notice sent electronically, including but not limited to the announcement on UIdisk platform and sending SMS to the contact number you provide
11.4 for any dispute arising from trading activities on UIdisk platform, you agree that judicial authorities (including but not limited to people's courts and arbitration institutions) can serve legal documents (including but not limited to litigation documents) to you through modern communication methods such as SMS, e-mail or mail, and agree that the above delivery methods are applicable to all stages of judicial proceedings. Such as entering the litigation procedure, including but not limited to the first instance, second instance, retrial, execution and supervision procedures.
11.5 you should ensure that the contact information provided is accurate and effective and updated in real time. If the legal documents cannot be delivered or not delivered in time due to the inaccurate contact information provided or the changed contact information is not informed in time, you shall bear the possible legal consequences.
Article 12 modification and termination of the agreement
12.1 the operator has the right to adjust this agreement from time to time according to laws and regulations and the needs of platform operation; The revised terms of the agreement will take effect 7 days after the publicity on UIdisk platform and replace the original agreement; If you continue to use this service after the announcement of the change of this agreement, it means that you have fully read, understood and accepted the changed agreement, and will also abide by the changed agreement and use the UIdisk platform service; If you do not accept the revised content, you have the right to contact UIdisk platform for feedback before the effective date of the change. If the feedback is adopted, UIdisk platform will adjust the changes as appropriate; If the feedback is not adopted by UIdisk platform, you should immediately stop accepting and enjoying the services provided by UIdisk platform.
12.2 in case of any of the following circumstances, the operator has the right to restrict all or part of your authority (including but not limited to cash on delivery, comments, store payment, placing orders, participating in promotional activities, etc.), cancel relevant outstanding orders, or cancel your account:
12.2.1 affect the normal operation of the website or provide services to other members through network attacks, massive advertising and other behaviors;
12.2.2 repeatedly publish information irrelevant to the sold goods or services in the comment area or consultation area, or maliciously make negative comments for many times;
12.2.3 seek benefits through improper means (such as plug-in tools, network attacks, etc.);
12.2.4 make malicious claims and complaints for two or more times by taking advantage of the fault or mistake of the seller, or abuse or personal attack on the merchant or customer service personnel without reason;
12.2.5 reject goods or services for many times in a short period of time due to reasons other than the quality of goods / services;
12.2.6 those engaged in claim or resale business through member account shopping (such as wholesale and retail);
12.2.7 the member information you provide (including, but not limited to, name, telephone, ID number, e-mail, etc.) is not true, inaccurate or incomplete.
12.2.8 you have other illegal acts that affect the normal operation order of the website.
12.3 you have the right to terminate this agreement in any of the following ways:
（1） When the account cancellation conditions publicized by UIdisk platform are met, you cancel your account according to the platform prompt;
（2） You stop using and express your unwillingness to accept the change before the change takes effect;
（3） You express your unwillingness to continue using the UIdisk platform service and meet the termination conditions of the UIdisk platform.
12.4 after your account is restricted or cancelled, your right to use relevant member services will be terminated at the same time, and the operator is not obliged to provide you or a third party with the information formed by your use of member services.
12.5 you acknowledge and understand that the operator may interrupt one or more services at any time according to strategic planning or market conditions.
After the counterparty of this agreement notifies cy.6 whether such order can be terminated during the duration of this Agreement; If the counterparty requests to continue to perform, you shall continue to perform the agreement and the transaction order with respect to such transaction order, and bear any losses or increased expenses arising therefrom.