Terms And Conditions of 9jabuy
Welcome to 9jabuy! These Terms of Use describe the terms and conditions applicable to your access and use of the website at www.9jabuy.com or other country-specific websites, such as uk.9jabuy.com and etc. ( collectively referred to the“9jabuy Sites”,“9jabuy.com”,“Sites”) .
This document constitutes a legally binding agreement between you as the user(s) of the 9jabuySites (referred to as “you”, “your”, "Customer" , “Member”or “User” hereinafter) and the various 9jabuySites Entities(referred to as “we”, “our” ,“us” or “9jabuy” hereinafter).
Such those 9jabuySites Entities that sign this agreement with you require a distinct definition as below,
If you are a resident of the United Kingdom, you are entering into a contract with GUANGZHOU YUANJUREN TRADING COMPANY INC (incorporated in China with Company Reg. No. 91440101MA9W4Y0G8N).If you are from another country but are perchasing products to be shipped to the UK, you will also enter into the contract with the same company.
If you are a resident of European Union countries, you are entering into a contract with GUANGZHOU TAISHENGYU TRADING Co.,Ltd (incorporated in China with Company Reg.No.91440101MA9W4XYM06).If you are from another country but are purchasing products to be shipped to European Union countries,you will also enter into the contract with the same company.
If you are a resident of Brazil,you are contracting with HONG KONG YI SI KE LIMITED.If you are from another country but are purchasing products to be shipped to Brazil, you will also enter into the contract with the same company.
If you are located outside the United Kingdom,European Union countries,and Brazil,or if you are making purchases intended for shipment to other than such these countries, you will be entering into the contract with WALT INTERNATIONAL TRADE LIMITED.
The aforementioned companies are collectively referred to as 9jabuy Sites Entities,and also defined as "We," "Our," "Us," or "9jabuy" below,and they will provide you with products for sale and related transaction services independently.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
1. Application and Acceptance of the Terms
1.1 Your use of the Sites and 9jabuy.com’s services, software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies of the Sites that 9jabuy may publish from time to time. This document and such other rules and policies of the Sites are collectively referred to below as the “Terms”. By accessing the Sites or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Sites if you do not accept the Terms.
1.2 According to laws and regulations, you must be at least 16 years of age. If your country's national law requires full civil capacity to be older than 16 years old, you should have reached the required age. If you register as a user on this site, 9jabuy will default to you as a fully civil capacity people.
1.3 You acknowledge and agree that 9jabuy may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you.
1.4 If 9jabuy has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Sites.
1.5 You may be required to enter into a separate agreement, whether online or offline, with 9jabuy or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of 9jabuy .
2. Provision of Services
2.1 You must register as a member on the Sites in order to access and use some Services. Further, 9jabuy reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that 9jabuy may impose in our discretion.
2.2 Some Services may be provided by 9jabuy ’s affiliates on behalf of 9jabuy .
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. 9jabuy may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 9jabuy may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
3. Users Generally
3.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Sites or Services.
3.2 You agree to use the Sites or Services solely for your own private and internal purposes. You agree that
(a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the “Sites Content”), and
(b) you will not copy, reproduce, download, compile or otherwise use any Sites Content for the purposes of operating a business that competes with 9jabuy , or otherwise commercially exploiting the Sites Content. Systematic retrieval of Sites Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from 9jabuy is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
3.3 You must read 9jabuy.com’s Privacy Policy which governs the protection and use of personal information about Users in the possession of 9jabuy and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
3.4 9jabuy may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web site. You are cautioned to read such web site' terms and conditions and/or privacy policies before using the Site. You acknowledge that 9jabuy has no control over such third parties' web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of 9jabuy and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of 9jabuy ’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material (“User Content”) on the Sites or providing any User Content to 9jabuy .com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to 9jabuy .com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, such as using as product description on 9jabuy .com,advertising outside 9jabuy.com and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to 9jabuy that you have all the rights, power and authority necessary to grant the above license.
4. Member Accounts
4.1 User must be registered on the Sites to access or use some Services.
Except with 9jabuy ’s approval, one User may only register one member account on the Site. 9jabuy may cancel or terminate a User’s member account if 9jabuy has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, 9jabuy may reject User’s application for registration for any reason.
4.2 Upon registration on the Sites,9jabuy shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify 9jabuy immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to 9jabuy or other Users of the Sites. Member shall indemnify 9jabuy, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, 9jabuy shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
5. Member’s Responsibilities
5.1 Each Member represents, warrants and agrees that they have full power and authority to accept the Terms in this agreement.
5.2 Member will be required to provide information or material about your entity as part of the registration process on the Sites for a member account. Each Member represents, warrants and agrees that
(a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and
(b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.3 Upon becoming a Member, you consent to authorize 9jabuy to store and use your information in accordance with the Privacy Policy.
5.4 Each Member represents, warrants and agrees that any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”).
5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
(a) be true, accurate, complete and lawful;
(b) not be false, misleading or deceptive;
(c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
(d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(e) not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.
5.6 Each Member further represents, warrants and agrees that you shall:
(a) carry on your activities on the Sites in compliance with any applicable laws and regulations;
(b) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
(c) not use the Services or Sites to defraud any person or entity;
(d) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
(e) not engage in spamming or phishing;
(f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
(g) not involve attempts to copy, reproduce, exploit or expropriate 9jabuy’s various proprietary directories, databases and listings;
(h) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
(i) not involve any scheme to undermine the integrity of the data, systems or networks used by 9jabuy and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
(j) not engage in any activities that would otherwise create any liability for 9jabuy or our affiliates.
5.7 Member may not use the Services and member account messaging to engage in activities which are identical or similar to 9jabuy’s e-commerce business.
5.8 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for 9jabuy’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, 9jabuy shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
5.9 Member acknowledges and agrees that 9jabuy shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. 9jabuy does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
6. Breaches by Members
6.1 9jabuy reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject 9jabuy or our affiliates to liability, or is otherwise found inappropriate in 9jabuy’s opinion.
6.2 If any Member breaches any Terms or if 9jabuy has reasonable grounds to believe that any Member is in breach of any the Terms, 9jabuy shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. 9jabuy shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by 9jabuy. The penalties that 9jabuy may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as 9jabuy may consider appropriate in our sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
(a) 9jabuy has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
(b) 9jabuy has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
(c) 9jabuy believes that the Member’s actions may cause financial loss or legal liability to 9jabuy or our affiliates or any other Users.
6.4 9jabuy reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, 9jabuy may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. 9jabuy shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against 9jabuy for such disclosure.
6.5 If a Member is in breach of the Terms, 9jabuy also reserves the right to publish the records of such breach on the Sites. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, 9jabuy also reserves the right to disclose the records of such breach to our affiliates.Such 9jabuy affiliates may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by such affiliates to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the website operated by or controlled by such 9jabuy affiliates.
6.6 9jabuy may at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if 9jabuy has received notice that the Member is in breach of any agreement or undertaking with any affiliate of 9jabuy and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. 9jabuy shall have the right to publish the records of such breach on the Site. 9jabuy shall not be required to investigate such breach or request confirmation from the Member.
6.7 Each Member agrees to indemnify 9jabuy, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Sites or Services, or from your breach of the Terms.
6.8 Each Member further agrees that 9jabuy is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. 9jabuy.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with 9jabuy in asserting any available defenses.
7. Transactions Between Customers and 9jabuy
7.1 Customers agrees to provide all information and materials as may be reasonably required by 9jabuy in connection with orders placed at 9jabuy.com. 9jabuy has the right to suspend or terminate any Customers account if the Customer fails to provide the required information and materials or provides inaccurate or fraudulent information.
7.2 Each User agrees that 9jabuy shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any use or storage of any products purchased from 9jabuy.com.
7.3 9jabuy will maintain all applicable PCI DSS standards and protect all data provided by the cardholder.
7.4 We will bear the risks and responsibilities in the transportation of goods. In some cases, these responsibilities and risks are transferred to the express logistics service provider. After you sign the goods, the risk of loss of goods will transfer to you.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY 9jabuy ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND 9jabuy HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, 9jabuy MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; 9jabuy.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND 9jabuy MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
8.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to 9jabuy’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from 9jabuy or through or from the Sites shall create any warranty not expressly stated herein.
8.4 Each User hereby further agrees to indemnify and save 9jabuy, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Sites. Each User hereby further agrees that 9jabuy is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.9jabuy reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with 9jabuy in asserting any available defenses.
8.5 9jabuy shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
(a) the use or the inability to use the Sites or Services;
(b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites;
(c) unauthorized access by third parties to data or private information of any User;
(d) statements or conduct of any User of the Sites; or;
(e) any matters relating to Services however arising, including negligence.
8.6 Notwithstanding any of the foregoing provisions, the aggregate liability of 9jabuy, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to 9jabuy or our affiliates during the calendar year and (b) HK$1,000. The preceding sentence shall not preclude the requirement by the User to prove actual damages.All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose.
8.7 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not 9jabuy has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
9.1 Under no circumstances shall 9jabuy be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
10. Intellectual Property Rights
10.1 9jabuy is the sole owner or lawful licensee of all the rights and interests in the Sites and the Sites Content. The Sites and Sites Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Sites Content shall remain with 9jabuy our affiliates or licensors of the Sitse Content, as the case may be.All rights not otherwise claimed under the Terms or by 9jabuy are hereby reserved.
10.2 "9jabuy.COM" and related icons and logos are registered trademarks or trademarks or service marks of 9jabuy,
10.3 9jabuy may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
11. Notices
11.1 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to 9jabuy, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
(a) 9jabuy is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
(b) Immediately upon 9jabuy posting such notice on an area of the Sites that is publicly accessible without charge.
11.2 You agree that all agreements, notices, demands, disclosures and other communications that 9jabuy sends to you electronically satisfy the legal requirement that such communication should be in writing.
12. General Provisions
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and 9jabuy with respect to and govern your use of the Sites and Services,superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 9jabuy and you are independent contractors, and no agency, partnership, joint venture,employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.5 9jabuy’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of 9jabuy’s right to act with respect to subsequent or similar breaches.
12.6 9jabuy shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of 9jabuy). You may not assign, in whole or part, the Terms to any person or entity.
12.7 The Terms and Conditions shall be governed by the laws of Hong Kong without regard to its conflict of law provisions. In respect of all European transactions, FV Bank provides operational payment support,and the transactions of The United States are supported by WALT INTERNATIONAL TRADE LIMITED(incorporated in The Hong Kong) for payment. In respect of all other transactions,different 9jabuy Sites entities are the independently responsible partites.
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