Terms & Conditions
1. APPLICATION AND ACCEPTANCE OF THE TERMS
1.1 Your use of the Site and COOLOH’s services, software and
products (collectively the as the “Services” hereinafter) is subject to the
and any other rules and policies of the Site that COOLOH may publish from
time to time. This document and such other rules and policies of the Site are
collectively referred to below as the “Terms”. By accessing the Site or using
the Services, you agree to accept and be bound by the Terms. Please do not use
the Services or the Site if you do not accept all of the Terms.
1.2 You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to
form a binding contract with COOLOH, or
(b) you are not permitted to
receive any Services under the laws of the People's Republic of China or the
country / region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that COOLOH may amend any Terms
at any time by posting the relevant amended and restated Terms on the Site. By
continuing to use the Services or the Site, you agree that the amended Terms
will apply to you.
1.4 You may be required to enter into a separate agreement,
whether online or offline, with COOLOH 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.
1.5 The Terms may not otherwise be modified except in writing by
an authorized officer of COOLOH.
2. USERS GENERALLY
2.1 As a condition of your access to and use of the Site, you
agree that you will comply with all applicable laws and regulations when using
2.2 You agree to use the Site solely for your own private and internal
purposes. You agree that:
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 Site;
(b) you will
not copy, reproduce, download, compile or otherwise use any Site Content for
the purposes of operating a business that competes with COOLOH or otherwise
commercially exploiting the Site Content.
2.4 You must keep your personal information such as financial
accounts, credit card, and corresponding passwords confidential. COOLOH is
responsible in no circumstance for any loss due to disclosure of personal
2.5 You could access third party services. We however do not guarantee
the quality, reliability or suitability of any third party services provided,
made available or linked through our services and we will bear no
responsibility for such third party services. If you access third party
services through our services, you must comply with any terms and conditions
applicable to those services.
2.6 You shall request the receipt of payment to the Third
Parties you visit if you need. All fees of mail of related expenditure are paid
by the Third Parties.
2.7 You shall respect and cannot behavior any unauthorized terms
to Third Parties in accordance with the laws of the People's Republic of China
and other relavant intellectual property right. Therefore, you must not:
(a) remove any
copyright notices or other proprietary notices;
engineering, translation, decompiling to Third Parties; and
(c) harms or exploits
any person (whether adult or minor) in any way, including being hateful,
harassing, abusive, racially or ethnically offensive, defamatory, humiliating
to other people (publicly or otherwise), threatening, profane or otherwise
2.8 Beyond that any attempts are prohibited to hack the website,
ascertain passwords or by other means to get access to the service, accounts or
any stored data. Except for authorization, you must not:
(a) make use of any
data or access the server / account;
(b) access into the
public computer network or other computer system to delete, modify and increase
(c) attempt to
probe, scan or test defects of Site in order to destroy network security;
distribute viruses, worms, Trojan horses, corrupted files or other malicious
code or items to disturb the operation of network; and
(e) attack the
Site due to the defeat of the system to get improper advantage.
3. MEMBER ACCOUNTS
3.1 Upon registration on the Site, COOLOH 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.
3.2 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 COOLOH immediately if you become aware of any unauthorized use of your password or
your account or any other breach of security of your account.
3.3 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 COOLOH or other Users of the Site. Member shall indemnify COOLOH, 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, COOLOH 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.
4. MEMBER'S RESPONSIBILITIES
4.1 Member will be required to provide information or material about
your entity, business or products/services as part of the registration process
on the Site or your use of any Service or the member account. Each Member
represents, warrants and agrees that:
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;
will maintain and promptly amend all information and material to keep it true,
accurate, current and complete.
4.2 Upon becoming a Member, you consent to the inclusion of the
contact information about you in our Buyer Database and authorize COOLOH and
our affiliates to share the contact information with other Users or otherwise
5. LIMITATION OF LIABILITY AND DISCLAIMER
5.1 In no event will COOLOH be liable in network connection in
these terms or our service caused by Force Majeure such as natural disaster or
war, any computer virus, Trojan horse or other damage caused by malware or
hackers, any malfunction or failure of our or your software, system, hardware
or connectivity, improper or unauthorized use of our services or software, your
use of our services or software in breach of these terms or the general eula or
any reasons beyond our reasonable control or predictability.
5.2 In no event will COOLOH be liable under no circumstances for any
indirect, special, consequential, exemplary or punitive damages or for any loss
of business, revenues, profits, goodwill, content or data from Third Parties.
5.3 COOLOH does strive to provide a quality protection for
your personal information; we however do not guarantee and are not responsible
for the secure protection service under current technology.
5.4 If the Third Parties violate the term or are terminated for
some reason and affect your business, you shall claim the right to the parties. COOLOH is not responsible for the law violation and termination of the Third
6. GENERAL PROVISIONS
6.1 Subject to any Additional Agreements, the Terms constitute
the entire agreement between you and COOLOH 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.
6.2 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.
6.3 Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section.
6.4 COOLOH’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 COOLOH’s right to act with respect to
subsequent or similar breaches.
6.5 COOLOH 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 COOLOH). You
may not assign, in whole or part, the Terms to any person or entity.