정보 센터
5.3.5 for the goods, services, software and technology obtained through Huayi cloud, you promise to abide by all applicable laws and regulations related to import and export control, trade restrictions and economic sanctions, including the sanctions resolutions, laws and regulations formulated and implemented by the United Nations Security Council, China, the United States and any other countries. Based on the need to maintain transaction order and transaction security, if you violate the above commitments, Huayun can terminate the service and take the initiative to close relevant transaction orders and make account disposal when finding the above situations.
5.4 transaction dispute settlement
5.4.1 you can conclude transactions with other users through the transaction methods supported by Huayi cloud, and abide by the corresponding transaction and payment rules. You understand and agree that Huayi cloud is only a place for users to find trading partners, negotiate products and services transactions, and obtain various trade-related services. Huayi cloud will not participate in transactions between users, nor will it involve legal relations and legal disputes between users arising from transactions.
5.4.2 in case of any dispute between you and other users in the transaction process of Huayi cloud, you or any other user has the right to choose the following ways to solve it:
(1) Independently negotiate with the opposite party in dispute;
(2) Use the dispute mediation services provided by Huayun;
(3) Complain to relevant administrative departments;
(4) Submit to the arbitration institution for arbitration in accordance with the arbitration agreement (if any) reached with the opposite party to the dispute;
(5) Bring a lawsuit to the people's court.
5.4.3 if you use the dispute mediation service of Huayi cloud according to the rules of Huayi cloud, It means that you recognize and are willing to perform the mediation decisions made by the customer service of Huayi cloud as an independent third party according to the disputed facts they know and the rules of Huayi cloud (including adjusting the transaction status of relevant orders, determining to pay all or part of the disputed funds to one or both parties of the transaction, and performing the corresponding margin compensation, etc.). Before the mediation decision of Huayi cloud is made, you can choose the above other dispute settlement methods to resolve the dispute, so as to suspend the dispute mediation service of Huayi cloud. If you are not satisfied with the mediation decision, you still have the right to take other dispute resolution channels to resolve the dispute, but you should still fulfill the mediation decision before obtaining a final decision through other dispute resolution channels.
6、 Expenses
6.1 Huayi cloud has paid a lot of costs for the services provided to you. In addition to the charging business expressed by Huayi cloud, the services provided to you by Huayi cloud are free at present. If Huayi cloud charges you a reasonable fee in the future, Huayi cloud will take reasonable measures and notify you in advance through legal procedures through the effective channels agreed in this agreement to ensure that you have the right to make a full choice.
6.2 you shall be responsible for all the tax payable, related hardware, software, communication, network services and other expenses incurred due to your transaction, obtaining paid services from Huayi cloud or contacting Huayi cloud server.
7、 Limitation of liability
7.1 Huayun shall perform its basic guarantee obligations in accordance with the law, but Huayun shall not be liable for breach of contract due to the following obstacles to contract performance, defects in performance, delay in performance or changes in performance content caused by force majeure or other third party factors:
(1) Due to natural disasters, strikes, riots, wars, government actions, judicial administrative orders and other force majeure factors;
(2) Due to power supply failure, communication network failure and other public service factors or third-party factors;
(3) Under the condition that Huayi cloud 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.
7.2 Huayi cloud only provides you with the services agreed in this agreement. You understand that the information on Huayi cloud is released by users themselves, and there may be risks and defects. Huayun will try its best to protect your legitimate rights and interests and good experience in Huayun by establishing relevant inspection and monitoring systems in accordance with the law. At the same time, in view of the fact that Huayi cloud has the characteristics of massive information and the separation of information and physical objects in the information network environment, Huayi cloud, as an online trading platform, cannot review the information of products and / or services one by one, and cannot review the quality, safety, legitimacy, authenticity and accuracy of products and / or services involved in the exchange one by one. You should make careful judgment. If you find harmful information and behavior, Please contact and complain with Huayun in time. Huayun will deal with harmful information and behaviors.
7.3 you understand and agree that in the dispute mediation service, the customer service of Huayi cloud is not a professional and can only judge the vouchers submitted by users based on the cognition of ordinary people. Huayi cloud does not guarantee that the dispute mediation decision must meet your expectations. Except for the explicit provisions of the law and the existence of reasons or gross negligence, Huayi cloud will not be responsible for the dispute mediation decision.
8、 Protection and authorization of user information
8.1 protection of personal information
Huayun attaches great importance to the protection of users' personal information (that is, information that can identify users independently or in combination with other information). When you use the services provided by Huayun, you agree that Huayun collects, stores, uses, discloses and protects your personal information in accordance with the privacy policy published on Huayun online. Huayun hopes to clearly introduce Huayun's processing channels for your personal information through the privacy policy. Huayun suggests that you read the privacy policy completely to help you better protect your privacy.
8.2 warranty and non authorized information
8.2.1 you declare and guarantee that you have corresponding and legal rights to the information you publish. Otherwise, Huayun may delete or mask the information you publish according to law or in accordance with this agreement.
8.2.2 you should ensure that the information you publish does not contain the following contents:
(1) Violating the prohibitive provisions of national laws and regulations;
(2) Political propaganda, feudal superstition, obscenity, pornography, gambling, violence, terror or abetting crime;
(3) Fraudulent, false, inaccurate or misleading;
(4) Infringing on the intellectual property rights of others or involving the trade secrets and other proprietary rights of third-party manufacturers;
(5) Insulting, slandering, intimidating, involving other people's privacy and other violations of other people's legitimate rights and interests;
(6) There are viruses, Trojans, crawlers and other malicious software and codes that may destroy, tamper with, delete or affect the normal operation of any system of Huayi cloud or obtain the data and personal data of Huayi cloud and other users without authorization;
(7) Other information that violates social public interests or public morality or is not suitable for publishing on Huayi cloud according to relevant Huayi cloud agreements and rules.
8.2.3 for the text, pictures, videos, audio messages and other non personal information other than personal information provided, published and formed in the use of Huayi cloud services, there will be no transfer of intellectual property rights, portrait rights and other rights due to your uploading, publishing and other behaviors. Unless otherwise specified by Huayun, you will grant Huayun (Weihai) Technology Co., Ltd. free of charge, non exclusive The right to use the license without geographical restrictions (including the right to 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 known or future developed forms, media or technology) and the right to sublicense it to other third-party manufacturers, And the right to obtain evidence and file a lawsuit against the infringement of a third party in its own name.
8.2.4 in order to facilitate your use of Huayi cloud, mass coin and other relevant services, you authorize Huayi cloud to transfer the information provided and formed by you in the process of account registration and use of Huayi cloud services to Huayi cloud platform, Flowserve barter and other relevant service providers, or obtain the information provided and formed by you during the registration and use of relevant services from Flowserve barter and other relevant service providers.
9、 Default and handling of users
9.1 determination of breach of contract
In case of any of the following circumstances, you shall be deemed to have breached the contract:
(1) Violation of relevant laws and regulations when using Huayi cloud services;
(2) Violation of this agreement or the supplementary agreement to this Agreement (i.e. article 3.2 of this Agreement).
In order to adapt to the development of e-commerce and meet the needs of a large number of users for efficient and high-quality services, you understand and agree that Huayun can agree on the procedures and standards for determining breach of contract in Huayun rules. For example, Huayi cloud can determine whether you constitute a breach of contract based on the relationship between your user data and massive user data; You are obliged to provide sufficient evidence and reasonable explanation for your abnormal data, otherwise it will be deemed as breach of contract.
9.2 treatment measures for breach of contract
9.2.1 if the information you publish on Flowserve barter constitutes a breach of contract, Huayun can immediately delete and mask the corresponding information or take your products off the shelf, delete and supervise according to the corresponding rules.
9.2.2 if your behavior on huayiyun.com or the behavior that has not been implemented on huayiyun.com but has an impact on huayiyun.com and its users constitutes a breach of contract, huayiyun may take measures to deduct points from your account, restrict your participation in marketing activities, suspend the provision of some or all services to you, and deduct liquidated damages in accordance with the corresponding rules. If your behavior constitutes a fundamental breach of contract, Huayun can close your account and terminate the services provided to you.
9.2.3 when you breach the contract and there are specific situations such as fraud, selling fake products, embezzling other people's accounts, or you have risks endangering other people's transaction security or account security, Huayi cloud will take compulsory measures such as canceling collection and stopping payment of funds for your (and your account bound, the same below) mass currency account according to the risk degree of your behavior.
9.2.4 Huayun can publicize the information on the handling measures for your above breach of contract and other illegal information confirmed by the effective legal documents of the national administrative or judicial authorities on Huayun online.
9.3 liability
9.3.1 if your behavior causes Huayi cloud company to suffer losses, you shall perform the liability of compensation according to this agreement. You need to compensate Huayi cloud company for the losses (if any) suffered, including:
(1) Reasonable attorney's fees and legal fees paid and necessary expenses incurred to eliminate the impact;
(2) Fines, liquidated damages or compensation for external expenses such as administrative punishment, judicial judgment and mediation within the scope of legal standards;
(3) The specific amount of goodwill loss and reasonably expected benefit loss (such as loss of members, decrease of expenditure, decrease of consumption frequency and decrease of income of store operators) can be calculated based on the relevant estimation standards obtained by independent and reasonable analysis of third-party manufacturers, reasonable analysis of big data and other reasonable methods of calculating income and loss;
(4) Other losses incurred.
9.3.2 if your behavior causes Huayun and / or its affiliated companies and mass coin company to suffer claims from a third party, Huayun and / or its affiliated companies and mass coin company can recover all losses from you after assuming monetary payment and other obligations to the third party.
9.3.3 if the third party suffers losses due to your behavior or you are lazy in performing the mediation decision, you authorize and agree that Huayun and / or its affiliates can instruct mass coin company to deduct corresponding funds from your mass coin account for payment for the purpose of protecting social and public interests or protecting the legitimate rights and interests of other users. If your mass currency balance or deposit is insufficient to pay the corresponding amount, you agree to entrust Huayun to use its own funds to pay the above amount on your behalf (but Huayun has no such obligation), and you shall return this part of the expenses and compensate Huayun for all losses caused thereby.
9.3.4 you agree that Huayun instructs mass coin company to deduct the corresponding amount from your mass coin account to pay the above compensation. If the money in your mass currency account is insufficient to pay the above compensation, Huayun and / or its affiliates can directly deduct your money and / or interests under other agreements of Huayun and / or its affiliates, and can continue to recover.
9.3.5 if Huayun breaches the contract intentionally or through gross negligence, resulting in damage to your interests, Huayun will be liable for compensation based on your direct actual loss.
9.4 special agreement
9.4.1 if you provide physical goods, cash, cash equivalents, labor services, tourism and other benefits whose value obviously exceeds the scope of normal business negotiation to the employees or consultants of Huayi cloud and / or its affiliated companies, it can be regarded as your commercial bribery. In case of the above situation, Huayun can handle it according to the rules of Huayun China station, terminate all cooperation with you after advance notice, and charge you liquidated damages and / or compensation. The amount is calculated based on the economic losses and business reputation losses suffered by Huayun due to your bribery.
9.4.2 if Huayun terminates this agreement due to serious breach of contract, Huayun and / or its affiliates may take measures to suspend or even terminate the cooperation with you under other agreements for the purpose of maintaining the order of the platform and protecting the legitimate rights and interests of other users, and notify you through the effective channels agreed in this agreement.
9.4.3 if the other agreements signed between Huayun and you and Huayun and / or its associated mass coins clearly stipulate the associated processing of your cooperation under this agreement, Huayun may terminate the agreement for the purpose of maintaining the order of the platform and protecting the legitimate rights and interests of other users, and notify you with the effective channel agreed in this agreement.
10、 Change of agreement
10. Huayun may modify this Agreement and supplementary agreement from time to time according to the changes of national laws and regulations and the needs of maintaining market order and protecting the legitimate rights and interests of users. The changed agreement and supplementary agreement (hereinafter referred to as "changes") will notify you through legal procedures and through the effective notice channel agreed in this agreement.
10.2 if you disagree with the change, you have the right to contact Huayun for feedback before the effective date of the change. If the feedback is adopted, Huayun will adjust the changes as appropriate. If you still disagree with the effective change, you should stop using Huayi cloud services from the effective date of the change, and the change will have no effect on you; If you continue to use Huayi cloud services after the change takes effect, you are deemed to have agreed to the effective change.
11、 Effective notice
11.1 effective contact information
When you register as a user of Huayi cloud and accept Huayi cloud services, you should provide Huayi cloud with true and effective contact information (including your e-mail address, contact phone number, contact address, etc.). In case of any change in contact information, you are obliged to update relevant information in time and maintain the status that can be effectively contacted.
The member account (including sub account) generated by you when registering Huayi cloud users to log in to the instant information in the receiving station of Huayi cloud also serves as your effective contact information.
Huayun 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.
You have the right to obtain commercial information such as product / service advertising information and promotional offers you are interested in through the mobile phone number or email you filled in during registration; If you are unwilling to receive such information, you have the right to unsubscribe through the corresponding unsubscribe function provided by Huayun.
11.2 service of notice
11.2.1 Huayi cloud sends a notice to you through the above contact information. The written notice sent by electronic means, including but not limited to the announcement on Huayi cloud, sending SMS to the contact number provided by you, sending email to the email address provided by you, sending system messages and in-station messages to your account, will be deemed to have been delivered after successful sending; The written notice sent by paper carrier shall be deemed to have been delivered on the fifth natural day after it is mailed according to the contact address provided.
11.2.2 for any dispute arising from trading activities on huayun.com, you agree that the judicial authorities (including but not limited to the people's court) can serve legal documents (including but not limited to litigation documents) to you through modern communication methods such as SMS, e-mail or mail. The mobile phone number, e-mail or other contact information you specify to receive legal documents is the mobile phone number, e-mail contact information you provide when registering and updating on Huayi cloud and the account number generated when registering Huayi cloud users. The legal documents sent by the judicial authority to the above contact information are deemed to have been delivered. The mailing address you specified is your legal contact address or the valid contact address you provided.
You agree that the judicial authority can deliver legal documents to you in one or more of the above ways, and the judicial authority can deliver legal documents to you in many ways. The service time shall be subject to the first of the above ways.
You agree that the above delivery method is 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.
You should ensure that the contact information provided is accurate, 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.
12、 Termination of agreement
12.1 termination of the agreement
12.1.1 you have the right to terminate this agreement in any of the following ways:
(1) When the account cancellation conditions required by Huayi cloud are met, you can cancel your account through the website self-service;
(2) Before the change takes effect, you stop using Huayi cloud services and express your unwillingness to accept the change;
(3) You express your unwillingness to continue using Huayi cloud services and meet the termination conditions required by Huayi cloud.
12.1.2 Huayun can notify you to terminate this agreement in the effective way agreed in this agreement in case of the following circumstances:
(1) Your real name authentication status is invalid, no longer exists legally or cannot be verified effectively;
(2) You violate this Agreement and Huayun terminates this agreement according to the terms of breach;
(3) You embezzle other people's accounts, publish illegal information, cheat, sell fake goods, disrupt market order, take improper means to make profits, and close your account according to Huayi cloud rules;
(4) In addition to the above circumstances, your account is closed according to the rules of Huayi cloud because you have repeatedly violated the relevant provisions of Huayi cloud rules and the circumstances are serious;
(5) Your account is recovered by Huayun according to this Agreement;
(6) You commit fraud, publish or sell counterfeit / infringing products, infringe upon the legitimate rights and interests of others or other serious violations of laws and regulations in mass currency;
(7) Huayun believes that your behavior may cause serious damage or legal liability to you, Huayun users and other relevant parties based on reasonable reasons;
(8) Other circumstances under which the service should be terminated.
12.2 treatment after termination of the agreement
12.2.1 after the termination of this agreement, Huayun has no obligation to disclose any information in your account to you or the third party designated by you, unless otherwise specified by law.
12.2.2 after the termination of this agreement, Huayun still enjoys the following rights:
(1) Continue to keep all kinds of information listed in Article 8 of this agreement you keep in Huayun;
(2) For your past breach of contract, Huayun can still hold you accountable for breach of contract in accordance with this agreement.
12.2.3 after the termination of this agreement, Huayun can notify the opposite party of the transaction and decide whether to close such transaction orders according to the wishes of the opposite party; 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.
13、 Link
Links to other world wide web sites or resources can be provided by Volkswagen barter or third parties. Since Huayun does not control such websites and resources, you understand and agree that Huayun is not responsible for the availability of such external websites or resources, and does not recognize any content, publicity, products, services or other materials on or available from such websites or resources, nor is it responsible or liable for them. You further understand and agree that Huayun will not be liable for any direct or indirect loss caused (or claimed to be caused) by the use or trust of such content, publicity, products, services or other materials obtained from such websites or resources, unless the law clearly stipulates that Huayun shall be liable.
14、 Application of law, jurisdiction and others
14.1 the validity, interpretation, alteration, execution and dispute resolution of this Agreement shall be governed by the laws of the mainland of the people's Republic of China; If there is no relevant law, it shall refer to business practices and / or industry practices.
14.2 you and Huayun are only independent contractors. This agreement is not intended to form or create any agency, partnership, joint venture, employment and employment or characteristic authorization and authorization relationship.
14.3 unless otherwise agreed by both parties, you agree that Huayun has the right to transfer part or all of its rights and obligations under this agreement due to business needs, and take reasonable ways to notify you in advance through legal procedures in the effective way agreed in this agreement.
14.4 any dispute arising from or related to this agreement or Huayun services shall be settled by Huayun through negotiation with you. If the negotiation fails, either party may bring a lawsuit to the people's Court of the place where the defendant has his domicile.
14.5 if any provision of this agreement is found to be invalid or unenforceable, such provision shall be revoked, and the remaining provisions shall be observed and enforced. The title of the clause is for convenience only and does not define, limit, interpret or describe the scope or limit of the clause in any way. Huayun's failure to take action on a breach by you or others does not mean that Huayun withdraws its right to take action on any subsequent or similar breach.