【Lubpur超润】平台(网址:https://www.lubpur.com,以下简称“本平台”)依据《用户注册协议》(以下简称“本协议”)的规定提供服务,本协议具有合同效力,本协议的甲方为本平台的合法经营人超润贸易(上海)有限公司(以下简称“超润”),本协议的乙方为“用户”或“您”。
1、在注册成为本平台用户时应正确填写个人信息,保证资料真实、完整、有效,尤其是个人重要信息如手机号码、邮箱、公司名称、职位等,以便本平台在必要时通过用户注册信息及时与用户本人取得联系。用户信息发生变更时应及时更新。
2、用户可以通过本平台,按照本协议的约定,免费浏览、搜索查找、资料下载、邮箱订阅、收藏、在线咨询、下载国内外各品牌产品信息及采购方案(包括但不限于本平台所记载的产品、仓储、分拣、包装、快递、物流与售后服务等)。
3、用户在使用本平台时不得违反国家法律、法规、行政规章的规定、不得侵犯他人知识产权或其他合法权益的信息、不得违背社会公共利益或公共道德、不得违反本平台的相关规定,如有违反导致任何法律后果的发生,用户将自行承担相应的法律责任。
1)发表、传送、传播、储存侵害他人知识产权、商业秘密等合法权利的内容,包含但不限于病毒、木马、定时炸弹等可能对本平台系统造成伤害或影响其稳定性的内容,或制造虚假身份以误导、欺骗他人;
2)传送或散布以其他方式实现传送含有受到知识产权法律保护的图像、相片、软件或其他资料的文件,作为举例(但不限于此):包括版权或商标权(或隐私权或公开权),除非用户合法拥有或控制着相应的权利或已得到权利所有人的许可;
4)进行危害计算机、手机网络安全的行为,包括但不限于:使用未经许可的数据或进入未经许可的服务器/帐号;未经允许进入公众计算机网络或者他人计算机系统并删除、修改、增加存储信息;未经许可,企图探查、扫描、测试本平台系统或网络的弱点或其它实施破坏网络安全的行为;企图干涉、破坏本平台系统或网站的正常运行,故意传播恶意程序或病毒以及其他破坏干扰正常网络信息服务的行为;伪造TCP/IP数据包名称或部分名称;
6)在未经本平台书面明确授权前提下,出售、出租、出借、散布、转移或转授权软件和服务或相关的链接或从使用软件和服务或软件和服务的条款中获利,无论以上使用是否为直接经济或金钱收益;
2)根据相关法令的指定或者本平台服务规则的判断,您的行为涉嫌违反法律法规的规定或违反本协议和/或规则的条款的,本平台有权采取相应措施,包括但不限于直接屏蔽、删除侵权信息或直接终止向您提供服务;
3)对于您在本平台上实施的行为,包括您未在本平台上实施但已经对本平台及其用户产生影响的行为,本平台有权单方认定您行为的性质及是否构成对本协议和/或规则的违反,并据此采取相应的处理措施。您应自行保存与您的行为有关的全部证据,并应对无法提供充要证据承担不利后果;
4)对于您涉嫌违反承诺的行为对任意第三方造成损害的,您均应当自行承担所有的法律责任,并应确保本平台免于承担因此产生的损失或增加的费用,否则,本平台有权向您追偿并要求您赔偿相应的损失;
5)如您涉嫌违反有关法律或者本协议之规定,使本平台遭受任何损失,或受到任何第三方的索赔,或受到任何行政管理部门的处罚,您应当赔偿本平台因此造成的损失及(或)发生的费用,包括合理的律师费用。
1、用户可通过平台发布采购需求,超润与用户线下确认后达成合作。相关流程为:确定客户订单→系统生成订单-国外供应商/制造商→国内付汇→制造商发货至超润国际仓储中心→国际运输→海关申报→自贸区提货或者转海关至超润上海仓储中心→上海发货快递/物流送货上门→客户确认收货。
3、用户对到货产品外观、包装、数量、重量等应在收货时当场进行验收,如用户对到货的产品的质量有异议的,应于产品到货后【(具体以书面合同为准)】个工作日内以书面向平台提出,否则视为到货产品经验收为符合合同规定及用户要求的合格品。
4、 用户需要注意保留发票,以及产品的收货单、提货单、快递面单、保修卡、产品说明书等凭据以便于为您提供售后服务(包括但不限于退换货、发票、合同赔偿、退款等)。若因以上材料丢失导致的任何责任均由用户自行承担。
1、您同意,本平台基于平台服务的安全性,有权中止向您提供部分或全部本平台服务,待安全问题解决后及时恢复,并对中止及恢复的事实及时通知。如果网站的安全问题是由于您的违法行为引起,本平台有权终止向您提供部分或全部本平台服务,永久冻结或注销您的帐户,并有权要求您赔偿相应的损失。
3、您有权向本平台要求注销您的账户,经本平台审核同意的,本平台注销您的账户,届时,您与本平台基于本协议的合同关系即终止。您的账户被注销后,本平台没有义务为您保留或向您披露您账户中的任何信息,也没有义务向您或第三方转发任何您未曾阅读或发送过的信息。
1、本平台及本平台所使用的任何相关软件、程序、内容,包括但不限于产品信息、图片、照片、档案、资料、音频、视频、网站构架、网站版面的安排、网页设计、经由本平台或广告商向用户呈现的广告或资讯,均由本平台或其它权利人依法享有相应的知识产权,包括但不限于版权、著作权、商标权、专利权、商业秘密及其他相关权利等,受到相关法律的保护。未经本平台或权利人明示授权,用户保证不修改、出租、出借、出售、散布本平台及本平台所使用的上述任何资料和资源,或根据上述资料和资源制作成任何种类产品进行商业利用。否则平台及超润有权追究用户侵权法律责任。
2、本平台授予用户不可转移及非专属的使用权,使用户可以通过单机计算机、手机使用本平台的目标代码(以下简称"软件"),但用户不得且不得允许任何第三方复制、修改、创作衍生作品、进行还原工程、反向组译,或以其它方式破译或试图破译源代码,或出售、转让"软件"或对"软件"进行再授权,或以其它方式移转"软件"之任何权利。用户同意不以任何方式修改"软件",或使用修改后的"软件"。
因不可抗力或者其他意外事件,使得本协议的履行不可能、不必要或者无意义的,双方均不承担责任。本合同所称之不可抗力意指不能预见、不能避免并不能克服的客观情况,包括但不限于战争、台风、水灾、火灾、雷击或地震、罢工、暴动、法定疾病、黑客攻击、网络病毒、电信部门技术管制、政府行为或任何其它自然或人为造成的灾难等客观情况。
双方保证在对讨论、签订、执行本协议中所获悉的属于对方的且无法自公开渠道获得的文件及资料(包括但不限于商业秘密、公司计划、运营活动、财务信息、技术信息、经营信息及其他商业秘密)予以保密。未经该资料和文件的原提供方同意,另一方不得向第三方泄露该商业秘密的全部或者部分内容。但法律、法规、行政规章另有规定或者双方另有约定的除外。双方需对直接或间接接触到的属于对方的保密信息互负保密义务,保密期限自用户注册之日起经合法程序进入公众领域时止。任一方违反前述约定,须向对方承担损失赔偿责任。
2、本协议的解除、终止、被撤销或者本协议全部或部分条款的无效均不影响本协议关于保密责任、法律适用、权利保留及争议解决等相关约定的效力。本协议的部分条款如应法律的原因而无效的,并不影响其他条款的效力,其他条款继续有效。
4、除本平台及超润另行以独立的书面形式做出同意的意思表示外,对本平台、本协议的任何条款的任何修改或删除以及与本平台、本协议不一致的内容均对本平台或超润不具有任何约束力,以本协议为准。
USER REGISTRATION AGREEMENT
Updated on: August 28,2021
[lubpur] platform (website: https://www.lubpur.com , hereinafter referred to as "the platform") provides services in accordance with the provisions of the user registration agreement (hereinafter referred to as "the agreement"). This agreement has the effect of contract. Party A of this agreement is the legal operator of the platform, Lubpur Trading (Shanghai) Co., Ltd. (hereinafter referred to as "Lubpur"), Party B of this agreement is "user" or "you".
When you register, please read this Agreement carefully, review and accept or not accept this agreement.If you confirm to register as a user of this platform, it means that you have fully read, understood and agreed to enter into this agreement with this platform, and you are willing to be bound by the terms of this agreement.The platform has the right to change this agreement at any time according to the actual situation and make an announcement on the platform without separate notice. Once the revised terms are published on this platform, they will take effect automatically. If you do not agree with the relevant changes, you must stop using the platform and cancel your account information. Once you continue to use the platform, it means that you have accepted and voluntarily abide by the revised terms. The content of this agreement includes the text of the agreement and all kinds of rules published on this platform.
All rules are an integral part of this Agreement and have the same legal effect as the text of this agreement. If your country or region excludes all or part of the terms of this agreement, you shall immediately stop using this platform.
Article 1 registered account and use
1.When registering as a user of this platform, you should correctly fill in personal information to ensure that the data are true, complete and effective, especially important personal information such as mobile phone number, email, company name and position, so that this platform can contact the user in time through the user registration information when necessary. When the user information changes, it shall be updated in time.
2.This platform is provided for natural persons with full civil capacity, or legal persons or other organizations established and existing according to law.
3.The user shall properly keep the account name and password information of the platform, and the user shall be independently responsible for all acts under the registered account.
Article 2 website services
1.Users have the right to use the relevant services of the platform only when they fully agree to this Agreement and the provisions of the platform. The products and services recorded on this platform shall be implemented in accordance with this agreement.
2.Users can browse, search, download data, subscribe to e-mail, collect, consult online, Download product information and purchase plans of various brands at home and abroad (including but not limited to products, warehousing, sorting, packaging, express delivery, logistics and after-sales service recorded on this platform) for free through this platform and in accordance with the agreement.
3.Users can submit procurement requirements through this platform and sign written cooperation documents offline with the platform and suppliers to clarify the rights and obligations of all parties and strive to meet users' procurement needs.
Article 3 platform usage specification
1.Users have the right to publish information, query relevant information, participate in relevant activities on this platform and enjoy other relevant information and information services provided by this platform in accordance with this Agreement and relevant rules published on this platform.
2.Users are obliged to ensure that the demand information published on this platform is true and non misleading. The contents published by users shall not contain the following contents:
1) Violating national laws and regulations;
2) Inciting, splitting and undermining national unity;
3) Harming the honor of the state and the interests of others;
4) Undermining national unity with ethnic hatred and discrimination;
5) Discrimination against race, sex, religion, region, culture, etc;
6) Fabricating or distorting facts, spreading rumors and disturbing social order;
7) Propagating feudal superstition, heresy, obscenity, pornography, gambling, violence, murder, terror or abetting crime;
8) Openly insulting others, fabricating facts to slander others or maliciously attacking others;
9) Misleading others with fraudulent, false or erroneous information;
10) Infringing the intellectual property rights of others or involving the trade secrets of a third party;
11) It may destroy, tamper with, delete or affect the normal operation of the platform system;
12) Maliciously evaluating, embezzling another person's account or divulging another person's information;
13) Publishing illegal and prohibited information, defrauding others of property, or seeking illegitimate profits;
14) Engaging in money laundering activities;
15) Other violations of the constitution, laws and administrative regulations.
Note: if users publish the above prohibited contents and cause losses to users, businesses and the website itself, the platform has the right to investigate relevant legal liabilities.
3.When using the platform, users shall not violate the provisions of national laws, regulations and administrative rules, information that infringes other people's intellectual property rights or other legitimate rights and interests, social and public interests or public morality, or relevant provisions of the platform. In case of any legal consequences caused by violation, users will bear corresponding legal liabilities.
4.If users find that other users or offline suppliers violate the law or this agreement, they can report to the platform, and the platform will take corresponding measures according to the situation after verifying the contents of the report.
5.The user agrees to receive various laws, regulations and information published or modified from time to time on the platform.
6.In the process of receiving the services of this platform, you shall not engage in the following acts:
1) Publish, transmit, disseminate and store contents that infringe upon other people's intellectual property rights, trade secrets and other legitimate rights, including but not limited to viruses, Trojans, time bombs and other contents that may cause harm to the system of the platform or affect its stability, or create a false identity to mislead and deceive others;
2) Transmitting or distributing documents containing images, photos, software or other materials protected by intellectual property laws by other means, for example (but not limited to this): including copyright or trademark rights (or privacy or publicity rights), unless the user legally owns or controls the corresponding rights or has obtained the permission of the right owner;
3) Use any data or information including images or photos obtained by using the software by infringing trademarks, copyrights, patents, trade secrets or other proprietary rights of either party;
4) Conduct acts endangering the security of computer and mobile phone network, including but not limited to: using unlicensed data or entering unlicensed server / account; Entering the public computer network or other people's computer system without permission and deleting, modifying or adding stored information; Attempt to detect, scan and test the weakness of the platform system or network or other acts that undermine network security without permission; Attempt to interfere with and destroy the normal operation of the platform system or website, deliberately spread malicious programs or viruses, and other acts that destroy and interfere with normal network information services; Forging TCP / IP packet name or partial name;
5) Modify or forge the instructions, data and data packets in the operation of software works, add, delete and change the function or operation effect of the software, and shall not spread or operate the software used for the above purposes to the public through the information network;
6) Sell, lease, lend, distribute, transfer or sublicense software and services or related links or profit from the use of software and services or the terms of software and services without the express written authorization of the platform, whether the above use is direct economic or monetary gain;
7) Violate the activity rules published on the platform page, including but not limited to publishing false information, cheating or conducting false transactions by other means.
7.You understand and agree that the platform has the right to provide government departments (including judicial and administrative departments) with necessary information such as registration information and release records you fill in on the platform at their request.
8.You understand and agree that:
1) If you violate the above commitments, the platform has the right to make corresponding treatment or terminate the services provided to you in accordance with the agreement without your consent or prior notice;
2) According to the designation of relevant laws and regulations or the judgment of the service rules of the platform, if your behavior is suspected of violating the provisions of laws and regulations or the terms of this Agreement and / or rules, the platform has the right to take corresponding measures, including but not limited to directly shielding, deleting infringing information or directly terminating the services provided to you;
3) For the behaviors you have performed on the platform, including those you have not performed on the platform but have had an impact on the platform and its users, the platform has the right to unilaterally determine the nature of your behavior and whether it constitutes a violation of this Agreement and / or rules, and take corresponding measures accordingly. You shall keep all the evidence related to your behavior by yourself and bear the adverse consequences if you fail to provide sufficient evidence;
4) For any damage caused to any third party by your suspected breach of commitment, you shall bear all legal liabilities by yourself and ensure that the platform is free from the losses or increased expenses arising therefrom. Otherwise, the platform has the right to recover from you and require you to compensate for the corresponding losses;
5) If you are suspected of violating relevant laws or the provisions of this agreement, resulting in any loss to the platform, claims from any third party, or punishment by any administrative department, you shall compensate the platform for the losses and / or expenses incurred, including reasonable attorney fees.
Article 5 after sales service of orders and products
1.Users can publish purchase requirements through the platform, and Lubpurcan reach cooperation after confirming with users offline. The relevant processes are as follows: confirm the customer's order → system generated order - foreign supplier / manufacturer → domestic foreign exchange payment → the manufacturer delivers the goods to Lubpurinternational storage center → international transportation → customs declaration → pick up the goods in the free trade zone or transfer them to the customs to Lubpur Shanghai storage center → Shanghai delivery express / logistics door-to-door delivery → the customer confirms the receipt.
2.The model, specification, technical standards and parameters, packaging, quality related matters, after-sales service, etc. of the product shall be subject to the enterprise standard of the original product manufacturer or its designated manufacturer.
3.The user shall accept the appearance, packaging, quantity and weight of the arrived products on the spot at the time of receiving the goods. If the user has any objection to the quality of the arrived products, it shall submit it to the platform in writing within [(the specific written contract shall prevail)] working days after the arrival of the products. Otherwise, it shall be deemed that the experience of the arrived products is accepted as qualified products that meet the provisions of the contract and the user's requirements.
4.Users need to keep invoices, receipts, bills of lading, express orders, warranty cards, product instructions and other credentials of products to provide you with after-sales services (including but not limited to return and exchange, invoices, contract compensation, refund, etc.). Any responsibility caused by the loss of the above materials shall be borne by the user.
5. The following situations are not applicable to return and exchange, and the platform and Lubpurwill not bear any responsibility:
1) If the futures ordered by the user fails to reach the delivery date, the user requests a refund;
2) Returns and losses caused by user selection errors;
3) Product deformation, leakage and label erasure caused by users affect secondary sales;
4) Product deterioration caused by improper storage conditions;
5) It does not apply to other situations of return, replacement or warranty.
6.The specific rights and obligations of each party shall be subject to the written documents signed offline.
Article 6 Preferential Policies
The platform has the right to publish product promotion information from time to time. The specific implementation scheme and rules shall be subject to the relevant rules published on the platform.
Article 7 scope and limitation of liability
1.You understand and agree that the platform will not be liable for any damages caused to you due to any of the following circumstances, including but not limited to damages for loss of profits, goodwill, use, data, etc. or other intangible losses:
1) Using or failing to use the platform services;
2) A third party uses your account or changes your data without approval;
3) Expenses and losses arising from the purchase or acquisition of any goods, samples, data, information or substitution through the platform services;
4) Your misunderstanding of the platform services;
5) Any other losses related to the services of the platform not caused by the platform.
2.You shall strictly abide by this Agreement and other agreements and activity rules published on this platform. If you violate the agreement or rules and cause losses to a third party or this platform, you shall bear all responsibilities.
Article 8 change, interruption and termination of the agreement
1.You agree that based on the security of the platform services, the platform has the right to suspend the provision of some or all of the platform services to you, recover in time after the security problems are solved, and notify you of the suspension and recovery in time. If the security problem of the website is caused by your illegal behavior, the platform has the right to terminate the provision of some or all of the platform services to you, permanently freeze or cancel your account, and have the right to ask you to compensate for the corresponding losses.
2.In case of any of the following circumstances, the platform has the right to interrupt or terminate the services provided to users without notice:
1) According to the law, the user shall submit true information, but the personal data provided by the user is untrue or inconsistent with the information at the time of registration and fails to provide reasonable proof;
2) The user violates relevant laws and regulations or the agreement;
3) In accordance with the law or the requirements of the competent authority;
4) For safety reasons or other necessary circumstances.
3.You have the right to ask the platform to cancel your account. If it is approved by the platform, the platform will cancel your account. At that time, your contractual relationship with the platform based on this agreement will be terminated. After your account is cancelled, the platform has no obligation to retain or disclose any information in your account for you, nor to forward any information you have not read or sent to you or a third party.
4.You agree that after the termination of your agreement relationship with the platform, the platform still enjoys the following rights:
1) Continue to save the registration information you have not deleted in time and all information published during your use of the platform until the expiration of the record retention period stipulated by law;
2) In case of any illegal act or violation of this Agreement and / or rules during your use of the platform services, the platform can still claim rights against you according to this agreement.
Article 9 intellectual property rights
1.The platform and any relevant software, programs and contents used by the platform, including but not limited to product information, pictures, photos, files, data, audio, video, website structure, website layout arrangement, web page design, advertisements or information presented to users through the platform or advertisers, shall enjoy corresponding intellectual property rights by the platform or other obligees according to law, Including but not limited to copyright, copyright, trademark right, patent right, trade secret and other relevant rights, which are protected by relevant laws. Without the express authorization of the platform or the obligee, the user guarantees not to modify, lease, lend, sell and distribute the platform and any of the above materials and resources used by the platform, or make any kind of products for commercial utilization based on the above materials and resources. Otherwise, the platform and Lubpurhave the right to investigate the legal liability of users for infringement.
2.The platform grants users the non transferable and non exclusive right to use the object code of the platform (hereinafter referred to as "software") through stand-alone computers and mobile phones, but the user shall not and shall not allow any third party to copy, modify, create derivative works, carry out restoration engineering, reverse translation, or decode or attempt to decode the source code in other ways, or sell Transfer or sublicense the software, or otherwise transfer any rights in the software. The user agrees not to modify the software in any way or use the modified software.
3.Users are not allowed to use the platform through the interface not provided by the platform.
4.Lubpuris the producer of this platform and has the right to modify this Agreement and the content of this platform from time to time.
Article 10 force majeure
If the performance of this agreement is impossible, unnecessary or meaningless due to force majeure or other accidents, neither party shall be liable. Force majeure as mentioned in this contract means unforeseeable, unavoidable and insurmountable objective conditions, including but not limited to war, typhoon, flood, fire, lightning or earthquake, strike, riot, legal disease, hacker attack, network virus, technical control of telecommunications department, government action or any other natural or man-made disaster.
Article 11 confidentiality
Both parties guarantee to keep confidential the documents and materials (including but not limited to trade secrets, company plans, operation activities, financial information, technical information, business information and other business secrets) that belong to the other party and cannot be obtained from public channels learned in the discussion, signing and implementation of this agreement. Without the consent of the original provider of the data and documents, the other party shall not disclose all or part of the trade secret to a third party. Unless otherwise provided by laws, regulations and administrative rules or agreed by both parties. Both parties shall bear confidentiality obligations for the confidential information directly or indirectly contacted by the other party, and the confidentiality period shall be from the date of user registration to the time when it enters the public domain through legal procedures. If either party violates the above agreement, it shall be liable for damages to the other party.
Article 12 settlement of transaction disputes
1.The validity and performance of this Agreement and its rules and all matters related to the effectiveness of this Agreement and its rules will be governed by the laws of the people's Republic of China, and any dispute shall only be governed by the laws of the people's Republic of China.
2.All disputes arising from this Agreement and its rules can be settled by both parties through negotiation. If negotiation fails, both parties agree to submit them to the people's court where the legal operator of the platform is located for jurisdiction.
Article 13 supplementary provisions
1.The headings of the clauses of this Agreement are for convenience only and shall not affect the understanding and interpretation of the clauses under the headings. All transactions shall be governed by the laws of the people's Republic of China.
2.The rescission, termination, cancellation of this agreement or the invalidity of all or part of the terms of this Agreement shall not affect the effectiveness of relevant agreements in this Agreement on confidentiality responsibility, application of law, reservation of rights and dispute resolution. If some provisions of this Agreement are invalid due to legal reasons, the validity of other provisions shall not be affected, and other provisions shall continue to be valid.
3.The failure of either party to assert a right in this agreement or adhere to a term or continue to perform the contract shall not constitute a waiver of any right or allow either party to violate any term or condition, and all waivers shall be made in writing.
4.Unless otherwise agreed by the platform and Chaorun in an independent written form, any modification or deletion of the platform and any terms of this Agreement and any content inconsistent with the platform and this agreement will not have any binding force on the platform or Chaorun, and this Agreement shall prevail.
5.This Agreement shall be legally binding on the user since the user registers as a user of this platform, and shall continue to be valid.