Registration Agreement
Welcome to read the Service Agreement (hereinafter referred to as the "Agreement") of Guangdong Good Car Holdings Co., Ltd. Guangdong Good Car provides you with services based on the following conditions and terms. Please read carefully and comply with the content.This Agreement applies to the relevant tools and services (hereinafter referred to as the "Services") provided by Guangdong Good Car (the website:chngoodcar.com )for trade and exchange in e-market across global enterprises. When you click the buttons of "I have read and accepted the Registration Agreement", and "Register", this Agreement shall constitute a binding legal document for both parties.
Acceptance of Terms
1. This Agreement includes the terms and conditions of the Agreement and all the rules published or may be published by Guangdong Good Car. All the rules are the integral part of the Agreement and have the same legal effect.
2. Accessing to the Guangdong Good Car website in any way and using the Services mean that you have fully read, understood and agreed to accept the terms and conditions of the Agreement (hereinafter referred to as the "terms").Please pay particular attention to the terms in bold form as Guangdong Good Car has fully fulfilled its obligation to indicate.If you do not raise objection when you register, it means you accept the terms exempting liability. No objection shall be raised to the effect of the exemption terms after registration.
3. Guangdong Good Car has the right to modify the terms. The modification will be updated on the Notice of the website and you will not be informed individually. Once published on the official website of Guangdong Good Car, the modification shall come into effect. You shall follow the update from time to time and read the modified terms. If you do not agree with the relevant modification, please stop using the Services immediately. If you continue to use the Services, it means you have accepted the modified terms. If any dispute arises between you and Guangdong Good Car, the latest version shall prevail.
Registration
1. Service Object
You shall confirm that when you finish the registration or use the Services in other ways that Guangdong Good Car permitted, you shall be a natural person, or a legal person, or other organization capable of full civil rights and adapting to civil acts. If you do not have the qualification mentioned above, please do not use the Services. Otherwise, you and your legal guardian shall be responsible for all consequences resulting from this. And Guangdong Good Car has the right to cancel your account and claim from you and your guardian. If you register on Guangdong Good Car on behalf of a company or other legal entity, you shall declare and ensure that you have the right to make that company or the legal entity accept the terms of the Agreement.
2. Account Registration
2.1 After you follow the prompts on the registration page to fill in the information, read and agree to the Agreement, and complete the registration process, or after you follow the prompts on the activation page to fill in the information, read and agree to the Agreement, and complete the activation process, or when you use the Services provided by Guangdong Good Car in other permitted ways, it means you shall subject to the Agreement. You can use the mobile phone number you provide or the confirmed number or other permitted ways as login methods to access to Guangdong Good Car.
2.2 You understand and agree that if you complete the registration process on the website, after your registration, you can get the login name on Guangdong Good Car. You can use the login name to access to the website.
2.3 When finish registration or activation, you shall provide and update your information following the prompts on the relevant page in accordance with the requirements of laws and regulations, so as to make the information true, timely, complete and accurate. If there is reasonable reason to suspect that the information provided is wrong, untrue, outdated or incomplete, Guangdong Good Car has the right to send you an inquiry and a notice for correction, and has the right to directly delete the corresponding data. Until part of or all of the Services of Guangdong Good Car are stopped or terminated, Guangdong Good Car is not responsible for any liabilities, and you shall be responsible for any direct or indirect loss or consequence incurred.
2.4 The domestic enterprise user shall ensure that you are a legal organization established in accordance with the laws and regulations of the People’s Republic of China, has the qualification for running business in China, and upload and disclose the relevant certificates to meet the requirements of Guangdong Good Car. If you do not have thequalifications mentioned above, we have the right to refuse your registration or certification.
2.5 The overseas enterprise user shall ensure that you are a legal organization established in accordance with the laws and regulations of the local country, has the qualification for running business in the local country, and upload and disclose the relevant certificates to meet the requirements of Guangdong Good Car. If you do not have the qualifications mentioned above, we have the right to refuse your registration or certification.
Account Security
The user shall be responsible for carefully safekeeping the registration account information and the account password. The user shall assume legal responsibly for the registered account and password, including but not limited to information disclosure, release of information, clicking to agree or submit various agreements online, agreements renewal or purchasing services, etc. The user agrees that when you suspect that someone else is using your account and password without permission, orany other situations that may violate theconfidentiality occur, you should immediately notify Guangdong Good Car. You should make sure that you follow the correct steps to log out the website after your visit. Guangdong Good Car cannot and will not be responsible for any loss or damage arising from your failure to comply with the terms. You understand that it will take a reasonable time for Guangdong Good Car to take action on your request, and Guangdong Good Car will not be responsible for the consequences (including but not limited to any of your losses) occurred before taking action.Unless there are legal provisions or judicial decisions, and with the consent of Guangdong good cars, your Guangdong good car landing name and password may not be transferred, donated or inherited in any way. Unless there are laws and regulations or judicial decisions, and with the consent of Guangdong Good Car, your account name and password shall not be transferred, bestowed or inherited in any way (except for property rights and interests related to the account).
Termination of the Services
1. Termination of the Services
1.1 The user agrees that, when Guangdong Good Car provides you with Services free of charge, Guangdong Good Car has the right to terminate your password, account (or any part of it) or usage of the Services for any reason (including but not limited to that Guangdong Good Car considers that you have violated the Agreement, or that you act in a manner inconsistent with the Agreement).
The user agrees that, when Guangdong Good Car provides you paid Services, Guangdong Good Car shall implement the above termination of the Services on the basis of reasonable suspicion and notice in any way. The user also acknowledges and agrees that, when Guangdong Good Car terminates the Services in accordance with the Agreement, your account will be invalid, or your account and all relevant data and files in your account will be cancelled, and/or you will be prohibited to access to the files or Services. After the termination of the account, Guangdong Good Car has no obligation to keep any information in or related to the original account for you, or to forward any information that has not been read or sent to you or to a third party. In addition, the user agrees that,for the termination of the Services, Guangdong Good Car will not be responsible for you or any third party.
1.2 The user has the right to ask Guangdong Good Car to cancel the account. With the approval of Guangdong Good Car, your account will be cancelled. At that time, your contractual relationship with Guangdong Good Car based on the Agreement will be terminated. After the cancellation of the account, Guangdong Good Car has no obligation to keep or disclose any information of the account for you, and to forward any information that has not been read or sent to you or to a third party.
1.3 The user understands and agrees that, after the termination of the contractual relationship between you and Guangdong Good Car:
(a) Guangdong Good Car has the right to keep your data.
(b) If you violate the laws and regulations or the Agreement during the usage of the Service, Guangdong Good Car can still claim its rights against you in accordance with the Agreement.
(c) The relationship between you and other users during the usage of the Services shall not be terminated by the termination of the Agreement. Other users shall still have the right to claim their rights against you, and you shall continue to carry out your obligation as promised.
About Usage
Guangdong Good Car reserves the right to charge service fees after notifying you in accordance with paragraph 3 of Article 1. In addition, all taxes payable by you as a result of conducting transactions, obtaining paid services from Guangdong Good Car or contacting Guangdong Good Car’s server, as well as related hardware, software, communications, network services and other expenses will be borne by you.Guangdong Good Car reserves the right to temporarily or permanently change or terminate some or all of the Services without notice in written form, as it has been announced on the website.
Service and Status of Guangdong Good Car
1. Through the platform services provided by Guangdong Good Car, you can post transaction information, check vehicle and service information, conduct transactions,make comments on other members, participate in activities organized by Guangdong Good Car, and use other information services and technical services on Guangdong Good Car’s website.
2. Guangdong Good Car’s website only provides registered users with an Internet platform related to the release of vehicle transaction information, negotiation and communication. At the same time, Guangdong Good Car will not be involved in the legal relationship and legal disputes arising from the transaction between users, and will not and cannot be involved in the transaction of all parties to the transaction.Please note that Guangdong Good Carwill not conduct substantive examination of publishers, vehicles, transaction information, etc. Therefore, it cannot control or guarantee the authenticity, legality and accuracy of trade information, cannot control or guarantee the quality, safety or legality of the products involved in the transaction, as well as the ability of the relevant parties to perform their obligations under the trade agreement.Guangdong Good Car cannot and will not control whether the parties to the transaction can fulfill their obligations under the agreement. In addition, the user should note that the risk of trading with a person who acts fraudulently may exist.If you conduct a transaction, you are required to conduct independent investigation and analysis of the counterparty and the object of the transaction. And your decision is only based on such independent investigation and analysis, not on the published information of the platform.
Service Use Specification
1. About User’s Data
1.1 The user’s data includes any information you provide to Guangdong Good Car or other users during the registration, release of information or transactions, on any public information occasion or in any form, including data, text, software, music, sound, photos, pictures, images, words or other materials.You should be responsible for your data, while Guangdong Good Car only serves as a passive channel for you topost your data online.
1.2 The user agrees and promises that your data and any vehicle-related items you provide for transaction on Guangdong Good Car’s website (‘items’ refer to all goods, or services or acts related to the vehicles that can be traded in accordance with the laws and regulations. The word ‘items’ in the Agreement has the same meaning.):
(a) Shall not be fraudulent, and not involve the sale of forgery or theft.
(b) Shall not infringe legitimate rights of the third-partyto the items including property right, or copyright, patent, trademark, trade secrets or other intellectual property right, or right of privacy, and right of reputation.
(c) Shall not violate laws or regulations (including but not limited to laws or regulations on regulating import and export administration, operating with license, trade quotas, consumer protection, unfair competition, or false advertising).
(d) Shall not slander (including tradelibel), intimidate or harass others.
(e) Shall not contain any virus, destructive program, computer worm, time bomb or other programs that intentionally destroy, maliciously interfere, secretly intercept or encroach on any system, data or personal data.
(f) Shall not be directly or indirectly connected to or contain description of the following goods or services: (i) goods or services prohibited under this Agreement, or (ii) goods or services that you have no right to connect to or contain. In addition, the user agrees that you will not (iii) use the Services in connection with any chain letters, a large number of random emails, spam, or any copied or redundant information;(iv) use the Services to collect other people’s email address and other information without permission; or (v) use the Services to make false email address, or attempt to mislead others about the identity of the sender or the source of the information.
(g) Shall not contain that shall be prohibited or unsuitable to promote or trade through Guangdong Good Car’s website considered by Guangdong Good Car.
1.3 The user promises that you shall abide by the laws and regulations related to the cross-border import and export transaction of used car, have obtained the import and export license of used car, and be responsible for any legal liabilities related to the transaction. For the products that violate the laws and regulations, the platform has the right to remove them. In case of repeated violations, the platform has the right to suspend your account.
1.4 The user agrees that you will not use any data for commercial use, including but not limited to copying any data displayed on Guangdong Good Car’s website for commercial use without prior written approval of Guangdong Good Car.
2. About Transaction Rules
2.1 Add product description. The product description includes text description, picture and/or photo displayed on Guangdong Good Car’s website provide by you. It can be (a) a description of the product you own and want to sell, or (b) a description of the product you are looking for. You shall classify the product description into the correct category. Guangdong Good Car will not be responsible for the accuracy or content of the product description.
2.2 Negotiate a deal. The parties to the transaction shall negotiate with each other by clearly describing the offer and counteroffer on Guangdong Good Car’s website. The parties shall be responsible for the transaction. The website will not undertake any intermediary, assistance and other services, and will not be responsible for any consequences of the transaction. The offer and commitment cannot be withdrawn except under some special circumstances, such as that the user substantially changes the description of the item or clarifies any typing errors after your offer, or that you fail to confirm the identity of the user involved in the transaction, or that the both parties agree to cancel the transaction, or that the platform decides to cancel the transaction in accordance with the relevant rules.
2.3 Shall not manipulate transaction. The user agrees that you will not use partner (subordinate client or third party) who help to make deception or has deceptive intention to manipulate the consequence of business negotiation with another trading party.
2.4 Shall not interfere with the transaction system. The user agrees that you shall not use any device, software or routine program to interfere or attempt to interfere with the operation of Guangdong Good Car or any ongoing transaction on Guangdong Good Car’s website. You shall not add any unreasonable or disproportionate huge load to the network structure of Guangdong Good Car.
2.5 About transaction feedback. The user shall not take any action that may damage the information feedback system, such as leaving positive feedback for yourself by acting as another member or a third party, leaving negative feedback for other users by acting as another member or a third party, or leaving negative feedback for other users when they fail to fulfill some actions beyond the transaction.
2.6 About Deal with Transaction Disputes
(i) Guangdong Good Car will not involve the legal relation and dispute arising from the transaction between users, and will not and cannot be involved in the transaction of all parties.If you have dispute with one or more users, or with a third-party service provider for which you obtain its service through Guangdong Good Car’s website, Guangdong Good Car (and its agents and employees) shall be exempt from liabilities in respect of any claim, request and compensation for damages arising from or related to such dispute.
(ii) Guangdong Good Car has the right to accept and mediate dispute between you and other users over the transaction, and at the same time has the right to independently judge whether other users’ complaint and/or claim on you are valid or not. If the claim is valid, you shall use your own funds to pay in time. Otherwise, Guangdong Good Car has the right to use the deposit you paid,or deduct the corresponding amount of the outstanding portion of fees that have been purchased for the products or services of Guangdong Good Car and its affiliated companies, or use other funds (or rights and interests) of your account to make the payment. Guangdong Good Car shall not be responsible for using its own funds to pay. However, if such payments are made, the user shall compensate Guangdong Good Car for all the losses in time. Otherwise, Guangdong Good Car has the right to deduct the corresponding funds or rights and interests by the means mentioned above. If it is still unable to make up for the loss of Guangdong Good Car, the company reserves the right to claim further compensation. As Guangdong Good Car is not a judicial authority, the user fully understands that the ability of Guangdong Good Car to identify evidence and deal with disputes is limited, and the acceptance of trade disputes is entirely based on your entrustment. There is no guarantee that the dispute settlement result will meet your expectations, and Guangdong Good Car shall not be responsible for the dispute settlement result. Guangdong Good Car has the right to decide whether to participate in the mediation of the dispute.
(iii) Guangdong Good Car has the right to contact you by email or by other means to know about the situation, and to inform the other party of the situation by email or by other means.The user shall be cooperative and show supporting materials, otherwise it will be regarded as your recognition of the claim and waiver of the right of proof. Guangdong Good Car has the right to make unfavorable results against you.
3. Consequence of Breach
3.1 If Guangdong Good Car considers that your data may make Guangdong Good Car bear any legal or moral obligation, or may make Guangdong Good Car entirely or partly lose the services of its Internet service provider or other providers, the company has the right to decide what actions should be taken to deal with your data, as the actions are considered to be necessary or appropriate, including but not limited to deleting the data. The user hereby guarantees that you have all rights to your data submitted to Guangdong Good Car, including copyright. Guangdong Good Car shall not be responsible for deciding which data you submit to the company should be protected, and also shall not be responsible for the use of your data by other users who enjoy the services.
3.2 For the damage to any third party by your suspected breach of commitment, the user shall be responsible for all the legal liabilities, and shall ensure that Guangdong Good Car is exempt from liability.
3.3 Without limiting other remedies, Guangdong Good Car can immediately issue a warning to temporarily stop, permanently stop or terminate your membership, and delete any of your existing product information, as well as any other information you display on the website, if any of the following occurs: (i) The user violates the agreement. (ii) Guangdong Good Car is unable to verify or identify any information provided by the user, or (iii) the company believes that your action may incur legal liability to you, to Guangdong Good Car’s users or to third-party service providers that provide services through Guangdong Good Car’s website. Without limiting other remedies, if the user is engaged in fraudulent activities affecting Guangdong Good Car, Guangdong Good Car can stop or terminate your account.
3.4 If it is confirmed by the valid legal document that the user has violated the law or the Agreement, or judged by Guangdong Good Car,the user is suspected of violating the law or the Agreement, Guangdong Good Car has the right to disclose the user’s illegal act on its official website and impose penalties (including but not limited to restriction, termination of the Services, etc.).
The Right to Use
The user fully understands and agrees that you have authorized the following rights to Guangdong Good Car and its affiliated companies:
1. For the data provided by the user, you authorize Guangdong Good Car and its affiliated companies the right to use (and has the right to sub-authorize this right at multiple levels), which is exclusive, globally available, permanent and free. This authorization enables Guangdong Good Car and its affiliated companies to have the right to entirely or partly use, copy, revise, rewrite, publish, translate, distribute, execute and display your data or make derivative works, and/or to incorporate your data into other works in any form, media or technology that is existing or will be developed in the future.
2. When the user violates the Agreement or other agreements signed with Guangdong Good Car, Guangdong Good Car has the right to notify its affiliated companies in any way, requiring them to take measures to restrict your rights and interests, to stop or terminate part of or all of the Services provided to you, and will disclose your violation on the official website.
3. When the user makes any kind of commitment to Guangdong Good Car’s affiliated company, and the company confirms that you have violated the commitment, Guangdong Good Car will have the right to impose restrictions on your account in accordance with your commitment, including but not limited to stopping or terminating the Services and disclosing your violation as confirmed by the relevant company. The user understands and agrees that Guangdong Good Car shall not be required to check with you on the relevant confirmation or ask your permission, and Guangdong Good Car shall not be responsible for the restrictions or disclosure.
4. The user agrees that Guangdong Good Car has the right to send order information, sales promotion or other notice to you or relevant registered users by email, message, WeChat, phone call, etc.
Privacy
Although there is the right to use under Article 8, Guangdong Good Car attaches great importance to the protection of privacy of the user, and the company will use your data in accordance with the Privacy Statement. All the terms of the Privacy Statement are part of the Agreement, the user shall read it carefully. Please note that once your data is disclosed by you during the transaction, this data may be obtained or used by others. If the administrative or judicial authorities request Guangdong Good Car to assist in the investigation, the company will provide the user’s data in accordance with the instructions of the relevant government departments.
Scope and Limitation of Liability
1. The user understands and agrees that Guangdong Good Car shall not be responsible for any damages caused by any of the following circumstances, including but not limited to damages for loss of profit, reputation, use, data, etc. (whether or not Guangdong Good Car has been informed of the possibility of such damages): (i) use or fail to use the Services; (ii) buy or obtain any goods, samples, data, information or services through or from the Services, or receive any information or fees for access to alternative goods and services through or from the Services; (iii) allow accessing to or change your data; (iv) any statement or action to the Services by a third-party; or (v) any other matters relating to the Services, including negligence.
2. Guangdong Good Car will try its best to provide the user with better service when you are using its website. Unfortunately, Guangdong Good Car cannot foresee any technical problems or other difficulties at any time. These difficulties may result in data loss or service interrupt. The user understands and agrees that you shall be responsible for the risk of using the Services, and the Services are provided in a status of ‘current’ and ‘available’.Guangdong Good Car will not make any kind of guarantee, including but not limited to guarantees of merchantability, applicability, non-infringement and so on. Guangdong Good Car does not guarantee the following: (i) the Services will meet your requirements; (ii) the Services are uninterrupted, timely, secure and without any errors; (iii) the results that may be obtained through the use of the Services will be accurate or reliable; and (iv) the quality of any products, services, information or other materials you buy or obtain through the Services will meet your expectations. It is the user’s decision that you download or obtain any material by using the Services and you shall be responsible for the relevant risk. You shall also be responsible for any damage to your computer system or any data loss caused by downloading such materials. Any oral or written comments or information obtained from Guangdong Good Car or through or from the Services shall not give rise to any liability that is not stated in the Agreement.
Indemnification
The user agrees that if because you violate the Agreement or other documents mentioned herein or included within the Agreement, or if because you infringe the legitimate rights of a third-party, or if because you bear administrative or criminal liability for illegal act, the third-party or administrative or judicial authorities makes a claim or imposes penalty against Guangdong Good Car and its subsidiaries, affiliated companies, branches, directors, staff and agents (including judicial fees and other costs), you shall indemnify Guangdong Good Car and its subsidiaries, affiliated companies, branches, directors, staff and agentsagainst any loss.
Links
The Services or third-party can provide links to other sites or resources. As Guangdong Good Car does not control these sites and resources, the user agrees that Guangdong Good Car shall not be responsible for the availability of such sites or resources, and does not approve or be responsible for any content, promotion, products, services or other materials from such sites or resources. The company also shall not be responsible for any loss caused by the use or reliance on such content, promotion, products, services or other materials.
Notice
The user shall leave the correct email address, phone number, address, postcode and other contact information and update timely, so that Guangdong Good Car and other users can contact you effectively. If it is unable to contact you through the methods mentioned before, resulting in any loss or increase in expenses during your use of the Services, you shall be responsible for the loss or increase in expenses. The user understands and agrees that you shall keep the effectiveness of your contact information and update timely if any changes. Otherwise, you shall be responsible for any loss incurred. The time at which Guangdong Good Car sending notice through the original contact methods is considered as the date of service.
Please pay close attention to any notice during the whole process of using the website.The relevant matters will be posted online (including but not limited to amendments to the Agreement and so on), and Guangdong Good Car will not send you further notice.
Force Majeure
In the event the performance of any obligation under the Agreement is delayed or prevented due to any of the following force majeure events: including but not limited to natural disaster, strike or dispute, scarcity or ration, riot, war, government behavior, communication fault or casualty, etc. Guangdong Good Car shall not be held responsible for breach of the Agreement.
Governing Law and Miscellaneous
1. The formation, entry into force, performance, interpretation and dispute settlement of the Agreement shall be governed by the laws of the Mainland of the People's Republic of China.If there are no applicable laws, it shall be governed by the International Customs and/or industry practices.
2. The user shall follow all applicable local laws, no matter which country or region you belong to. You are individually responsible for your behaviors that are in violation of the local laws and regulations.
3. The user and Guangdong Good Car are independent contractors. The Agreement does not form any agency, partnership, joint venture or employment relationship.
4. The user agrees that Guangdong Good Car has the right to assign some or all of its rights and obligations under the Agreement due to business needs. The company does not need to send you notice and get your permission.
5. If any dispute arises between you and Guangdong Good Car, the dispute shall be first resolved by negotiation; where the negotiation fails, you agree to submit the dispute to the people's court with jurisdiction at the place where Guangdong Good Car is located.
6. The Agreement shall supersede any previous written or oral agreements between you and Guangdong Good Car on the same matter. If any terms of the Agreement are ruled invalid or unenforceable, the terms shall be canceled, and the remaining terms shall be complied with and enforced. The title of the terms is only for reference, and does not define, restrict, explain or describe the scope or limitation of the terms. That Guangdong Good Car does not take any action to your or other person’s violation, does not mean that the company waives its right to take action in respect of any subsequent or similar violation.
7. The Agreement may be drafted and concluded in different languages. In case of any inconsistency and discrepancy between the Chinese version and any version of other language, the Chinese version shall prevail.