BSPECT > BSPECT Agreement and Conditions

BSPECT Agreement

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS. 

 

Thank you for reading this BSPECT Transaction Services Agreement (this “Agreement”) which  describing the terms and conditions on which you conclude online B2B transactions for products and services by using the online transaction sites in relation to www.bspect.com and BSPECT APP. 

 

1. Acceptance of terms.

By using BSPECT.COM and our affiliated products, you agree to be legally bounded by these terms and conditions. You acknowledge and agree that BSPECT.COMhas the right to amend any terms of this Agreement at any time by posting the relevant amended and restated version on the Sites only. The amended terms shall be effective immediately upon posting. By continuing to use the Transaction Services, you agree that the amended terms will apply to you.

 

The valid amendments, supplements, subtractions or alterations shall from an integral part of the Agreement, and shall have the same legal force as the text of Agreement.

 

2. Contracting Party.

This “Service” would be used only by a natural person, a legal person or any other organization. Please do not use BSPECT’s service if you are still under 18 years old. BSPECT could decide to refuse to offer “service” to anyone at any time. BSPECT refuses to offer “service” to BSPECT members without qualification.

 

 

3. Charge terms

BSPECT reserves the right to charge for “service” after notifying you according to clause 1. You shall be solely responsible for payment to get paid service from BSPECT, including but not limitedto taxes, hardware, software, communication, web service costs and other expenses. You should acknowledge and agree that BSPECT reserves the right to temporarily or permanently terminate or change part or all the service by posting only on the site without prior notice.

 

 

4. BSPECT.COM is only used for posting information and transaction

You should expressly acknowledge and agree that the information on BSPECT.COM is posted by users, which may have hidden risks. BSPECT.COM is just the website which users could find transaction objects, negotiate for trade of cargo and acquire service about trade on it. BSPECT could not control the quality, security and legality of cargo in the trade and the authenticity, accuracy of commercial information. BSPECT can not and will not control that various parties concerned in the trade undertake duties. Moreover, the risk of trading with foreign nationals and juveniles is still existed objectively. You should judge the authenticity, legality and validity of information by yourself, and bear the responsibility and losses.

 

 

5. Your information and the item posted on BSPECT.COM

“Your information” refers to any information offered to BSPECT.COM or other users in the process of registering, trading or displaying product, including data, text, software, music, sound, graphic, photo, image and other materials. You shall take full responsibility for “your information” and BSPECT.COM is just the passive channel of your information.

However, BSPECT has the right to deal with your information in breach of law or moral, or cause BSPECT lose service from ISP or other suppliers, or you do not log in BSPECT’s site within the fixed time, including but not limited to cancel them. You, hereby warrant that you share the total right of your information, including but not limited to copyright. You should acknowledge and agree that BSPECT has no responsibility to confirm or decide that which information you submit should be protected. Further, other users who share the “service” can also use “your information” and BSPECT should not take responsible for it.

 

5.1 Registration obligation

(a)Each Member represents, warrants and agrees that

Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Sites and such information and material 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. If not, BSPECT has the right to suspend or terminate your service.

 

5.2 Registration name, password and confidentiality

After filling in information according to the clew, reading and agreeing the Agreement to finish the process of register, or get permission to use BSPECT’s service by other permitted ways, you are BSPECT’s Member(“Member”). Your registration name and password will be used to confirm your identity. You should keep the registration name and password as a secret and take responsibility of all the activities on BSPECT.COM. You acknowledge and agree that:

(a) You shall notify BSPECT immediately if you find your account or password is stolen.

(b) You shall make sure that you leave website as the right steps every time. BSPECT can not and will not be responsible for any loss or damage if you don’t follow the terms in this Agreement. You acknowledge and agree that it takes reasonable time for BSPECT to take action to deal with your case, BSPECT will not take responsibility for the produced consequences (including but not limited to your loss) before action.

 

5.3 Terms of your information

You agree that your information and the item posting on BSPECT.COM will:

(a) not be a fraud or about selling counterfeit goods or stolen goods;

(b)not infringe third-party’s ownership, copyright, patent, trademark, business secret or other intellectual property, privacy right etc;

(c) not be prohibited by laws, regulations and sanctions in any relevant country or jurisdiction worldwide (including but not limited to laws about quantitative trade quota, unfair competition etc);

(d) not include content of defamation, threaten or harassment;

(e) not be pornographic materials and any items depicting or suggestive of sex involving minors;

(f) not include any virus, computer worm, time-bomb or other computer programs to sabotage, disturb, intercept or occupy any system, data or personal information;

(g) not be used in SPAM;

(h) not release advertisements solely for the purpose of collecting users’ email addresses or other information;

(i) not use “service” to create false email addresses or mislead others in other ways.

 

 

5.4 The forbidden items

You could not post, buy or sell items on BSPECT.COM, including:

(a) items may cause BSPECT in breach of laws, regulations and rules;

(b) Items which are forbidden by BSPECT.

 

6.You fully acknowledge and agree to empower BSPECT and affiliated company the following rights irrevocably:

 

6.1 By posting or displaying any information, content or material on the Sites or providing any User Content to BSPECT.COM and our affiliated company, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensee (through multiple tiers) license to BSPECT.COM to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, 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 Sites, the provision of any Services and/or the business of the User.

 

6.2 If you are in breach of this Agreement or other agreement, BSPECT has the right to inform  affiliated companies and take enforcement actions including but not limitedto require you send payment to account specified by BSPECT, suspend or terminate your service, publish the records of such breach on the Sites.

 

6.3 In the event that you have violated any of the terms of BSPECT’s affiliated companies, BSPECT.COM shall also have the right to take any enforcement actions reasonably necessary, including but not limitedto suspend or terminate your service. You acknowledge and agree that  BSPECT.COM shall not be obliged to need your approval nor shall be liable for any loss or damages arising from such delay, suspension or termination.

 

7. Privacy Police

Protect your privacy is BSPECT’s fundamental principle. BSPECT will use “your information” in according to Privacy Policy. All the terms of Privacy Policy is part of this Agreement, so you should read it carefully.You acknowledge and agree that if you show “your information” on BSPECT.COM, this information will be acquired and used by others.

 

8.Product Listing and Transaction Policy

8.1 Add product description. Product description is the text, images or graphs you offer to describe your product on BSPECT.COM, including:

(a) description of the product you own and hope to sell.

(b) description of the product you are looking forward to. You could publish any product description on BSPECT.COM, and list them on the right category.

BSPECT can not and will not take responsibility of the accuracy of product description. More details please read <BSPECT Membership Agreement>.

 

 

 

8.2 Transaction Disputes

You agree that:

(a) Any dispute with other users/third-party service providers in connection with the online transaction shall be resolved between you and the other users/third-party services providers. Notwithstanding the power given to BSPECT.COM under this Agreement, it is not BSPECT’s obligation to resolve or assist in the resolution of such dispute. You acknowledge and agree you will not hold BSPECT.COM and our affiliates for any loss, damages, claims, liabilities, costs or expenses arising from such dispute.

 

 

(b) BSPECT shall have the full right and power to make a determination for the dispute between you and other users in connection with online transaction.

You also acknowledge that BSPECT.COM is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person.Further, we do not warrant that the processing results in line with your expectations. BSPECT has the right to decide whether involve in the controversy.

 

 

8.3 Common Sense

BSPECT cannot and will not control your information and material of users. And it’s nature that other users’ information may be repugnant, harmful or inaccurate and in some case it may exist incorrect descriptions. BSPECT encourages you to use common sense to evaluate with whom you are dealing with.

 

9. Transaction System

9.1 You cannot control transaction

You agree that you shall not cheat or help others to cheat customers or the third-party, shall not control the business negotiation with another transaction party.

 

9.2System’s integrity

You agree not to undertake any action to undermine the integrity of the computer systems or networks of BSPECT.COM and/or any other User nor to gain unauthorized access to such computer systems or networks. You cannot leak out your password to the third man, or share your account with the third party.

 

9.3 Feedback

You agree not to undertake any action which may undermine the integrity of BSPECT’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.

 

9.4 Non-commercially Exploit

You agree that you cannot commercially exploit any content on BSPECT.COM, including but not limitedto copy the information posted on BSPECT.COM and commercially exploit it without written permission from BSPECT.

 

10. Terminate or Restrict Service

You agree that in case of cost-free, BSPECT has full discretion to terminate your service for any reasons (including but not limited to BSPECT thinks you are in breach of this agreement, do not log in your account over 90 days), and delete “your information” in your account.

You agree that in case of toll service, BSPECT should notify you by email if BSPECT terminate service based on reasonable doubt.

 

11. Without limiting the generality of the provisions of the Terms, BSPECT will warn you, suspend or terminate your member’s right or delete your information, product posted on BSPECT.COM in any of the following circumstances: (a) you are in breach of the terms of this Agreement; (b) BSPECT cannot verify the authenticity of your registration information; (c) BSPECT.COM believes that the your actions may cause financial loss or legal liability to BSPECT.COM or our affiliates or any other Users; (d) BSPECT believes that you use our sites for fraudulent activity.

 

12. Service Statement

BSPECT hereby expressly disclaims and all warranties, express and implied, including but not limited to: (a) the “service” will suit your requirement; (b) “service” will not be suspended and be timely, secure and infallible; (c) results acquired from “service” are all accurate and reliable; (4) Any material downloaded or otherwise obtained through the Sites is done at each User's sole discretion and risk and each User is solely responsible for any damage to your 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 BSPECT.COM or through or from the Sites shall create any warranty not expressly stated herein.

 

3. Limitation of Liability

Each User hereby further agrees to indemnify and save BSPECT.COM harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from the following conditions: (a) the use or the inability to use the Sites or Services; (b) the cost arise from acquiring product, sample, data, information or service from “service”; (c) access to or delete your data or information without permission; (d) any statement or action of “service” from the third party; (e) any matters relating to Services however arising, including negligence.

 

14. Compensation

You agree that if you violate stipulations in the Agreement or you are in breach of the law or  infringe the third-party’s right, you shall hold BSPECT.COM and our affiliates, agents, employees, directors, officers harmless and indemnified against any claim, losses, damages that may be suffered by us.

 

15. Obey Laws

Please obey all the relevant laws and regulations of anything what you want to bid, buy or sell on BSPECT.COM.

 

16. Independent Contractor

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

17. Advertisement and Financial Services

You acknowledge and agree that when you communicate or conduct business with the third party through “service” for transaction or other reasons, BSPECT shall not be liable for any loss or damages arising from such situations.

If you want to create or participate in any service about company, stock, investment or security, or acquire any information or business secret about company, stock, investment or security. You acknowledge and agree that BSPECT shall not and will not be liable for the accuracy,  authenticity, profitability of such information.

 

18. Hyperlinks

“Service” 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 sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Sites. You acknowledge that BSPECT.COM has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites. You further acknowledge and agree that you will not hold BSPECT.COM liable for any direct and indirect losses for using or thrusting the contents, ads, product, service or other information on these website.

 

19.Notices. 

Except as explicitly stated otherwise, legal notices shall be served on you by sending notices from BSPECT@BSPECT.COM to the email address in your latest membership profile on the BSPECT.COM. 

Notice shall be given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notices by mail to the address in your latest membership profile in which case the notice shall be deemed given three days after the date of mailing. 

 

20.Force Majeure

Under no circumstances shall BSPECT.COM be held liable for any delay or failure or disruption of the Transaction Services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, acts of God, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals.

 

21. Transfer

BSPECT could transfer this Agreement without your approval.

 

 

22. Other terms

This Agreement constitutes the entire agreement between you and BSPECT.COM with respect to and governs the use of the Transaction Services, superseding any prior written or oral agreements in relation to the same subject matter herein. This agreement is governed by the laws of the PRC. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

 

23. Disputes

You should institute legal proceedings to the People's Court of Pudong District in Shanghai for any dispute arising out of this agreement or BSPECT’s service. This agreement shall be governed by the laws of the PRC. 

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