I. Confirmation of DibaichinaMall Service Agreement
1. This agreement will help you understand the content of services provided by DibaichinaMall and your use of services. Please read it carefully. If you have any questions about the terms of this agreement, you can use this site (defined below) online customer service or customer service phone 042281239 to consult.
2. If there is a change in this agreement, DibaichinaMall will publish it in advance through the announcement of mall.dibaichina.com, and the changed agreement will be effective upon expiry of the announcement period. If you continue to use the DibaichinaMall service after the agreement takes effect, you accept the changed agreement and will use the DibaichinaMall service in accordance with the changed agreement.
3. If you are a person with no capacity for civil conduct or a person with limited capacity for civil conduct, please inform your guardian and read this agreement and use DibaichinaMall services under the guidance of your guardian. If you are a user outside of mainland China, you must also comply with the laws of the country or region you are affiliated with, and you confirm that entering into and performing this agreement is not subject to the laws of the countries or regions where you are resident, living or operating business or other business. Regulatory restrictions.
II. Related definitions
1. DibaichinaMall Membership Number (or "Member Number"): This is the number you obtained in accordance with DibaichinaMall for your use of some DibaichinaMall services. The member number login name is Dibaichina member name.
2. DibaichinaMall Account (or "Account"): This refers to the payment account for DibaichinaMall service that you obtained after obtaining DibaichinaMall membership number and verifying through DibaichinaMall. After you obtain the Dibaichina Account, the member number login name becomes your DibaichinaMall account login name. Except as otherwise provided in this agreement, DibaichinaMall account holders may use the balance service.
3. DibaichinaMall Login Name: Refers to the username you use to register for the Dubai China.com membership number.
4. Identity element: refers to the information element used by DibaichinaMall to identify you, including but not limited to your membership number, Dibaichina account, password, email, etc.
5. This site: Except as otherwise provided in this agreement, it refers to www.dibaichina.com and/or DibaichinaMall client.
6. Dibaichina: Refers to the Dihua Media Group's support for the Dubai Dibaichina login website, and other websites and other mobile client applications that may be opened in the future. The aforementioned websites and clients may be referred to individually or collectively as Dibaichina.
7, DibaichinaMall: refers to DibaichinaMall (domain name is mall.dibaihcina.com).
8. Dizhong Media: Refers to DCME GROUP DMCC.
9. Authorities: Refers to units that have the right to request the inquiry, freezing or deduction of funds in accordance with laws and regulations, including but not limited to public security agencies, procuratorates, courts, customs, and tax authorities.
10. Freeze: Refers to the freeze required by the competent authority. The frozen balance cannot be used for payment, withdrawal or transfer, etc. The frozen account cannot be logged in and used.
11. Restrictions: In addition to the freeze, any or all functions of the DibaichinaMall membership number or account cannot be used, and the membership number or account-related assets and account balance cannot be used.
12. Stop payment: A type of restriction means that the balance of the DibaichinaMall account cannot be used, for example, it cannot be used for services such as payment, withdrawal or transfer.
13. Balance service: refers to the recharge, consumption, collection, transfer, and other services that can be used based on the balance of the DibaichinaMall account. Except as otherwise provided in this agreement, the function of the balance service and the amount of payment and payment will be adjusted in accordance with the "Administrative Measures for Network Payment Services of Non-bank Payment Institutions" and other regulatory requirements.
14.RETURNS: Seller undertakes to comply with our return and refund policy as referred to on the Site at http://mall.dibaichina.com/, at its sole cost, whereby Products sold on the Site are subject to a return and refund in the applicable return and refund period starting from the date of delivery of the Products to the customer. The return policy shall apply as long as the Products are in the original packaging and are returned to the Seller in the original condition in which they were purchased and received. In accordance with the policy, our customer support team will arrange return to Seller by arranging a courier pick-up and return to the Seller, at which point, a full refund will be made by Seller to the relevant customer. Subject to the provisions of this clause, Seller must always accept return of a Product. In the event of a return which is not based on any alleged breach of Seller’s obligations, DibaichinaMall will not levy any costs or penalty (unless expressly stated otherwise in these Site Terms). We shall return the Products to your designated shipping address. If (to the extent that we are arranging the return) (a) the designated shipping address we have for you is out-dated or incorrect, (b) you have not provided a designated shipping address in the Elected Country, or (c) we cannot make arrangements for you to pay for the return shipment, then the Product(s) will be deemed abandoned and we, to the extent permitted by Applicable Laws in the Elected Country, may elect to dispose of them. You will reimburse us for all costs and expenses we incur in connection with the storage, and return or disposal of any Products. We, if we so elect, may dispose of any Products (and you will be deemed to have consented to our action) immediately if we determine in our sole discretion that such Products create a safety, health, or liability risk to DibaichinaMall, our personnel, or any third party. To the extent that we elect to dispose of any such Products, title to each such disposed Product(s) will transfer to us at no cost, as necessary for us to dispose of the Product(s), and we will retain all proceeds, if any, received from the disposal
15.DELIVERY ERRORS AND NON-CONFORMITIES:You are solely responsible for any non-performance, non-delivery, mis-delivery, theft, or other mistake or act in connection with the fulfilment of your Products, except to the extent caused by: (a) credit card fraud (and where we are responsible for such fraud) or (b) our failure to make available to you (with respect to any of your Products ordered through the Site), the order information and shipping information as it was received by us or resulting from address verification. Notwithstanding the previous sentence, for those of your Products that are fulfilled according to the FBS Terms, if any, the FBS Terms for the Site will apply to non-delivery, mis-delivery, theft, or other mistake or act in connection with the fulfilment of those Products. You are responsible for any nonconformity or defect in, or any public or private recall of, any of your Products or other products provided in connection with your Products. You will notify us promptly as soon as you have knowledge of any public or private recalls of your Products or other products provided in connection with your Products.
16.INTELLECTUAL PROPERTY: DibaichinaMall has the right to and you license DibaichinaMall to use, copy, distribute, modify and disclose to third parties any content, trademarks, materials or product images that you upload on the Site (and Seller warrants that it is entitled to grant that licence). This license you grant to us is royalty-free, nonexclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Seller’s Materials, and to sublicense these rights to the Affiliates of DibaichinaMall; provided, however, that we will not alter any of Seller’s trademarks from the form provided by Seller (except to resize trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with Seller’s removal requests as to specific uses of Seller’s trademarks (provided you are unable to do so using standard functionality made available to you via the Site or Our Service (as applicable)). Nothing in these Site Terms will prevent or impair DibaichinaMall’s right to use Seller’s Materials without your consent to the extent that such use is allowable without a license from Seller or its Affiliates under Applicable Law. We do not grant any license to you except solely as is strictly necessary for you to use Our Services that we agree to provide to you. “Materials” means all technology, trademarks, content, product information, data, materials, and other items or information provided or made available by you or your Affiliates to DibaichinaMall or its Affiliates.
17.CHANGES, UPDATES AND UPGRADES: DibaichinaMall reserves the right to change these Site Terms at any time and in its sole discretion. Any changes will be effective upon the earlier of: posting of the revisions on the Site and/or notification to you (including by email, or through your Seller account), without any further notice to you. You are responsible for reviewing any applicable changes. Your continued use of the Site (which may be illustrated through your accessing of your Seller account) and Our Services following our posting of any changes, notification and/or ‘click through’ acceptance will constitute your acceptance of such changes. If you do not agree to any change to these Site Terms, you must not continue to use the Site or Our Services. The Seller agrees that no terms of business that it produces or sends to DibaichinaMall shall have any legal force or effect. Whilst DibaichinaMall endeavours to keep the Site safe and secure, we cannot guarantee the continuous operation or access to the Site. Seller acknowledges that DibaichinaMall may, from time to time, upgrade features of the Site and or certain aspects of Our Services that it provides to its customers generally. In order for Seller to benefit from any such upgrade, DibaichinaMall may make changes to the provision of any of Our Services and the procedures by which Seller receives any of Our Services. DibaichinaMall may also, from time to time change any of Our Services to the extent required to comply with any change in Applicable Laws in the Elected Country.
18.DibaichinaMall’S LIABILITY: The Site and any of Our Services provided through it, or any functionality used or relied on, including all content, software, functions, materials, and information made available on or provided in connection with Our Services, are provided “as-is.” Each DibaichinaMall entity or Person is severally liable for its own obligations under these Site Terms and is not jointly liable for the obligations of any other DibaichinaMall entity or Person under these Site Terms. As a user of the Site, Seller uses the Site and Our Services provided to Seller at its own risk. To the fullest extent permissible by law, DibaichinaMall and its Affiliates disclaim: (i) any representations or warranties regarding these Site Terms, any of Our Services or the transactions contemplated by these Site Terms, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; (ii) implied warranties arising out of course of dealing, course of performance, or usage of trade; and (iii) any obligation, liability, right, claim, or remedy in tort, whether or not arising from our negligence. DibaichinaMall does not warrant that the functions contained in the Site and Our Services will meet Seller’s requirements or be available, timely, secure, uninterrupted, or error free, and DibaichinaMall will not be liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any transactions. DibaichinaMall is not involved in transactions between customers and Sellers or other participant dealings, if a dispute arises between one or more participants, each participant releases DibaichinaMall and its affiliates (and their agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Our liability arising out of or in connection with these Site Terms or the transactions contemplated, whether in contract, warranty, tort (including negligence, product liability, or other theory) to Seller or any other Person for cost of cover, recovery or recoupment of any investment made by Seller or its Affiliates in connection with these Site Terms, or for any loss of profit, revenue, business or data or punitive or consequential damages arising out of or relating to these Site Terms, even if DibaichinaMall or its Affiliates have been advised of the possibility of those costs or damage, shall not exceed in aggregate an amount equal to the amounts during the prior six-month period paid to Seller in connection with the particular service giving rise to the claim immediately preceding the event giving rise to the liability.
19.SELLER’S RELEASE AND INDEMNITY: Seller releases DibaichinaMall and agrees to indemnify, defend, and hold harmless DibaichinaMall, its Affiliates, and its respective officers, directors, employees, representatives, and agents against any claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim“) arising from or related to: (a) Seller’s actual or alleged breach of any obligations in these Site Terms; (b) any of Seller’s other means through which it or any of its Affiliates offers products or services, other than the Site, (b) your Products (including their offer, sale, performance, and fulfilment), (c) your Materials, (d) any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death, or property damage related thereto; (e) any third party warranting, administering or otherwise involved in the offer, sale, performance, or fulfilment of your Products, including any of your employees, representatives, agents, contractors, or subcontractors (including any act or omission by any of them or any Claim brought or directed by any of them); or (d) taxes imposed on or payable by Seller or for the sale and/or supply of Products. Seller will use counsel reasonably satisfactory to DibaichinaMall to defend each indemnified Claim. If at any time DibaichinaMall reasonably determines that any indemnified Claim might adversely affect DibaichinaMall, we may take control of the defence. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld. We reserve the right to enforce our rights under this provision by withholding amounts otherwise due to Seller under these Site Terms.
Information we collect：
(1): Information you give us. For example, many of our services require you to sign up for a DibaichinaMall Account. When you do, we’ll ask for personal information, like your name, email address, telephone number to store with your account. If you want to take full advantage of the sharing features we offer, we might also ask you to create a publicly visible DibaichinaMall Profile, which may include your name and photo.
(2): Information we get from your use of our services. We collect information about the services that you use and how you use them,like IP,Local storage, Cookies and similar technologies. Information we collect when you are signed in to DibaichinaMall, in addition to information we obtain about you from partners, may be associated with your DibaichinaMall Account. When information is associated with your DibaichinaMall Account, we treat it as personal information.
How we use information we collect:
We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect DibaichinaMall and our users. We also use this information to offer you tailored content – like giving you more relevant search results and goods.
21.CONFIDENTIALITY: During the course of your use of Our Services, you may receive information relating to us or to Our Services, (including DibaichinaMall Transaction Information) that is not known to the general public (“Confidential Information“). You agree that: (a) all Confidential Information will remain DibaichinaMall’s exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in Our Services; (c) you will not otherwise disclose Confidential Information to any other person or third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Site Terms. You may not issue any press release or make any public statement related to Our Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
22.DISCLOSURE OF INFORMATION: DibaichinaMall reserves the right to report any activity that either it suspects violates any Applicable Law to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect DibaichinaMall and its customers, or to ensure the integrity and operation of DibaichinaMall’s business and systems, DibaichinaMall may access and disclose any information it considers necessary or appropriate, including but not limited to Seller account details, contact details, IP address and traffic information, usage history, and posted content. Both DibaichinaMall and Seller each shall protect customer data as per their respective policies and the Applicable Laws of the Elected Country.
23SUSPENSION OF SERVICES: DibaichinaMall may suspend performance of Our Services or access to a Seller account (either generally or in respect of a particular Elected Country) without liability where we have identified an actual or potential personal, financial or legal risk to the customer (which may include the following circumstances: (i) if Seller breaches these Site Terms or any of our policies; (ii) if Seller fails to reasonably cooperate with an investigation by DibaichinaMall; (iii) where DibaichinaMall reasonably believes that its continued provision of any of Our Services would expose Seller or DibaichinaMall or their respective affiliates or customers to a material security risk or a regulatory action; or (iv) Seller’s performance does not meet DibaichinaMall’s reasonable projections).
24.FORCE MAJEURE: We will not be liable for any delay or failure to perform any of our obligations under these Site Terms by reasons, events or other matters beyond our reasonable control.