The Master Service Agreement for the Membership of MUMIAN/CR Tong Platform (hereinafter referred to as “the Agreement”) shall constitute a contract between you and Shenzhen Runyue Hotel Management Co., Ltd./China Resources Network (Shenzhen) Co., Ltd., the operator and owner of MUMIAN/CR Tong Platform. Registration as a MUMIAN member will directly offer you the status of CR Tong membership, and you can log in directly on the Platform and enjoy the rights and services of corresponding level. So long as you click on the Agree with or submit an application offline or directly register and get the membership card with the consent of MUMIAN (including in the form of electronic membership card and physical card), this Agreement shall constitute a legal document binding on and enforceable against the parties hereunder.
Before clicking Agree with this Agreement in the process of application, submitting an application offline or using the MUMIAN Platform, you should carefully read and fully understand all the contents of this Agreement. Please read and deliberate carefully the words marked in bold and/or underlined in this Agreement, especially the clauses on exemption or limitation of liability, application of law and dispute resolution. If you have any questions about this Agreement, you may consult any of the hotel staff of MUMIAN.
Clicking to Agree with this Agreement or the actual use and experience, in any way, of the MUMIAN/CR Tong Platform services means that, after fully reading and understanding all such contents, you have selected and confirmed this Agreement with MUMIAN/CR Tong, and agreed to accept all the contents of this Agreement. If, in the process of reading this Agreement, you do not agree with this Agreement or any terms and conditions hereof, you should immediately cease the registration procedure, stop using and enjoying the MUMIAN/CR Tong Platform services.
If you are under the age of 18 or have no or limited civil capacity, you have to use this website or agree to this Agreement with the supervision of your parents or guardians. By clicking Agree with this Agreement, submitting an application offline or using the MUMIAN/CR Tong Platform, you confirm that you have the corresponding rights and capacity to enjoy MUMIAN/CR Tong services, order shopping, etc., and can independently bear the legal liabilities. If you do not have the above-mentioned capacity for civil conduct appropriate to your behavior, you, your parents or guardian shall bear the legal consequences arising therefrom.
To the extent permitted by law, MUMIAN/CR Tong reserves the right to reject service, close user accounts, clear or edit content, and cancel orders.
Captions inserted for various clauses in this Agreement for easy convenience of reference only and shall not be deemed to be a part of this Agreement or to restrict its meaning or explanation of this Agreement.
Article 1 Scope of Agreement
-
This Agreement consists of the body of text, the collateral contracts signed by the party based on this Agreement (including, but not limited to, the contracts, agreements, articles of association or other documents concluded in all forms (such as paper, electronic form published on the MUMIAN/CR Tong Platform, etc.) when you use the services provided by MUMIAN/CR Tong Platform), and all statements (including, but not limited to, legal statements, privacy policies, intellectual property statements, etc.) and rules that have been or may be released or updated or revised in the future by MUMIAN/CR Tong Platforms. Such collateral contracts, statements and rules constitute an integral part of this Agreement and have the same legal effect as the text hereof. In case of any inconsistency between the rules and this Agreement, the document with the later published effective date or signing date or the one with more rigorous binding force on the user shall prevail.
-
MUMIAN/CR Tong has the right to, from time to time as required, amend and update this Agreement and/or statements and rules and make announcements in the form published by the MUMIAN/CR Tong Platform, without any additional separate notice for your. You are required to pay immediate attention to relevant publicity and announcements on the Platform. The revised and updated agreements, statements and rules will automatically take effect immediately after the announcement on the Platform. You may view the latest agreements at any time on the Platform. If you do not agree with the relevant amendments and updates, you should stop using the Platform services immediately. You continued use of the relevant services of the Platform means you acceptance of the revised agreements or rules.
-
Contracting parties
Equality: This Agreement is jointly concluded by you and the MUMIAN/CR Tong Platform operator, and shall be contractually binding on you and the Platform operator.
Party information: MUMIAN Platform operators refer to the legal entities operating the MUMIAN Platform, also known as “MUMIAN”, and CR Tong Platform operators refer to the legal entities operating the CR Tong Platform, also known as “CR Tong”. You can verify the specific party of MUMIAN/CR Tong that concludes an agreement with you by viewing the license information, at any time, publicized at the bottom of the home page of each website of MUMIAN/CR Tong Platform. According to the business adjustment of the MUMIAN/CR Tong Platform, the Platform operator may be changed under this Agreement. The Platform operator following change will jointly perform this Agreement with you and provide you with services. The change of Platform operator will not affect your rights and interests under this Agreement. Platform operators may also be added because of the provision of new Platform services. Your use of the newly added Platform services means that you agree to jointly perform this Agreement with the new Platform operators. In case of a dispute, you can determine the party of the agreement and the parties involved in the dispute according to the specific services you use and the behavior object that affects your rights and interests.
Article II Relevant Definitions and Interpretations
-
China Resources: Shenzhen Runyue Hotel Management Co., Ltd. and China Resources Network (Shenzhen) Co., Ltd. are affiliated to China Resources (Holdings) Co., Ltd. The rights and obligations mentioned herein that should be exercised by MUMIAN/CR Tong are accordingly performed by the companies that are determined internally by MUMIAN/CR Tong and China Resources or by those that are responsible for the corresponding regions and business scope.
-
CR Tong Platform:refers to the e-commerce trading service platform running on CR Tong mobile application, WeChat platform and other channels added by CR Tong from time to time to provide you with information release and communication, store operation for third-party operators, and other technical services.
-
“Mixc Point” user system:refers to the universal cross-business user system set up by China Resources for users, which provides you with one-stop membership service through cooperation with other companies in the Group. The member companies in the system include Shenzhen Runyue Hotel Management Co., Ltd., China Resources Land Holdings Co., Ltd., Runxin Commercial Investment (Shenzhen) Co., Ltd., Runying Property Technology Services Co., Ltd., Youchao House Leasing (Shenzhen) Company Limited, Rundi Kangyang (Shenzhen) Industry Development Co., Ltd., China Resources Culture and Sports Development Co., Ltd., MixC Cinema (Shenzhen) Co., Ltd., as well as their subsidiaries and branches.
Please note that the members of Mixc Point user system are all contracted merchants on the CR Tong Platform, that is, so long as you register as a member in any member company, you can log in with the same account in any member company and accumulate points based on consumption. The points within the scope of the above company system are called “MIXC Points” that offer member services and benefits. For the accumulation of MIXC Points, the exchange and redemption rules on the CR Tong Platform points, and membership rights, refer to the rules publicized by the Platform and member companies.
-
Designated Merchants of CR Tong: refer to the partners introduced or permitted by China Resources and CR Tong to join for the purpose of Platform operation, which are collectively referred to as “Designated merchants of CR Tong”. The rights and obligations mentioned herein that should be exercised by the designated merchants of CR Tong are accordingly performed by the companies that are determined internally by the CR Tong or its designated merchants, or by those that are responsible for the corresponding regions and business scope.
-
MUMIAN Platform: refers to the e-commerce trading service platform running on MUMIAN WeChat platform and other channels added by MUMIAN from time to time to provide you with information release and communication, store operation for third-party operators, and other technical services.
-
MUMIAN Platform member: refers to all eligible people registered as registered “MUMIAN” members on the MUMIAN Platform, or referred to as “members” in this Agreement. Unless otherwise specified, “member”, “user” and “you” all refer to this meaning.
-
Name of MUMIAN/CR Tong Platform User: also known as “user name”, refers to the name of the login account that you obtain after completing user registration, which can be used together with your own password to log in to the MUMIAN/CR Tong Platform and use the Platform membership service. Each Platform user name corresponds to a member. You can conduct transaction and complete payment with the merchants registered with the Platform and manage member account under the member user name, including, but not limited to, uploading, modifying and deleting membership information, transaction tracking, cancellation, etc. You should properly keep the user name and password information, and should not transfer or authorize others to use them without authorization. Your MUMIAN membership account is exactly the account number of CR Tong member.
-
MUMIAN/China Resources Platform Rules: refer to any normative documents published or indicated on the MUMIAN/China Resources Platform related to the operation, trading, and other matters of the Platform.
-
Payment platform: refers to the network platform on which CR Tong provides you with electronic payment, online payment, security payment, mobile payment, clearing and other services after you log in or have related behaviors on the Platform.
-
Malicious shopping: including, but not limited to, malicious ordering, malicious purchase, malicious negative comment, etc., refers to the action of, following related shopping, actively terminating the purpose or result of shopping or pursuing the purpose or result other than general shopping, which (possibly) has a negative impact on the MUMIAN/China Resources Platform and related parties.
Article III Registration of Member Accounts and Management Rules
-
You undertake and warrant that you have the civil capacity specified by the laws of the People's Republic of China (hereinafter referred to as “China”, for the specific purpose of this Agreement, excluding Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan), which is suitable for your behavior, otherwise MUMIAN/CR Tong has the right to take measures, including but not limited to canceling orders, freezing or closing accounts, refusing to provide services, etc. You and your guardian or other relevant responsible persons shall be liable for compensation for any losses caused to MUMIAN/CR Tong and related parties.
-
If MUMIAN/CR Tong fails to reach you with the latest contact information you provided, or you fail to provide the information in time as required by MUMIAN/CR Tong Platform, or the information you provided is obviously fabricated or proves to be invalid after verification with administrative and judicial organs, you will bear all losses and adverse consequences arising therefrom to yourself, other third parties and MUMIAN/CR Tong. MUMIAN/CR Tong may send you a notice of inquiry or request for corrections, and ask you to re-certify until it suspends or terminates the provision of some or all of the Platform member services. MUMIAN/CR Tong shall bear no liability therefrom.
-
The information (including, but not limited to, name, email address, contact telephone, contact address, etc.) and data provided by you at the time of registration as a member of MUMIAN/CR Tong Platform shall be true, complete and effective, and you can be effectively contacted through such information. If the above information and data are changed or updated, you are obliged to update the corresponding registration information and data on the Platform in a timely manner.
-
After completing all online and/or offline registration procedures, you will be offered a MUMIAN/CR Tong Platform account and become a Platform member. The member account is the unique identification for your use of Platform services. The user name you set for the member account shall not violate the national laws and regulations, as well as the MUMIAN/CR Tong Platform rules on the administration of account user name, otherwise MUMIAN/CR Tong has the right to ask you to modify the account user name within a time limit or directly delete/retrieve the account user name. The recovery of your account user name will not affect your login to the Platform and use of the Platform services under your email and mobile phone number.
-
You should keep the user name and password of member account properly, and be responsible for all acts under the account, and do not tell others about the password. In the event of any unauthorized use of your account to log into MUMIAN/CR Tong Platform or any other circumstance that may cause account theft or loss, you shall immediately notify and authorize MUMIAN/CR Tong and payment platform to perform temporary handling of your member account. It takes reasonable and necessary time for the Platform to take actions under your request and authorization, and the actions the Platform takes at your request may not avoid or prevent the occurrence or expansion of the consequences of infringement. The Platform shall bear no responsibility for this except for legal faults.
MUMIAN/CR Tong shall not be liable for any losses and consequences in connection with your member account due to your own reasons or attacks and fraud by others, and you should directly recover from the infringer through relief channels, including judicial, administrative means, etc.
-
You agree to accept the right and responsibility for all activities, behaviors and events that occur under your account, and without the written consent of MUMIAN/CR Tong, you shall not transfer the account in any form, authorize others to use the account and trade accounts with others.
-
You understand and agree that you have authorized MUMIAN/CR Tong to conduct necessary technical or business integration and merge of non MUMIAN/China Resources Platform member accounts (if any) respectively involving the profit centers under China Resources and the designated merchants of CR Tong that you opened and used before, after or at the same time when you registered the Platform member accounts under this Agreement, so that MUMIAN/CR Tong can provide you with better Platform services. The retention of the above-mentioned non MUMIAN/CR Tong Platform member accounts (if any) shall be subject to the specific agreement between the business entities of such member accounts and you.
-
In view of the particularity of network services, MUMIAN/CR Tong is not obliged to check whether you are using the user name and password of this group, and will only check whether the user name and password are consistent with those stored in the database. Anyone who enters the user name and password consistent with those stored in the database can log in with the user name and password of this group and obtain various services provided by MUMIAN/CR Tong, and MUMIAN/CR Tong will bear no liability for any responsibility arising from the login of an account even not by yourself.
-
The MUMIAN/CR Tong member account is only limited to the use by yourself. Without the consent of MUMIAN/CR Tong (CR Tong, as long as agreed by one party), your direct or indirect authorization to a third party to use your member account or obtain information under your member account shall be invalid. If MUMIAN/CR Tong determines that the use of your member account may endanger the security of your account and/or the information security of MUMIAN/CR Tong Platform, MUMIAN/CR Tong has the right to refuse the provision of corresponding services or to terminate this Agreement, and you shall be liable for compensation for any loss caused to MUMIAN/CR Tong and/or related parties.
-
In order to enable you to use the services of the CR Tong Platform better and ensure the security of your member account, CR Tong has the right to require you to complete real name authentication and provide the corresponding certification materials according to the requirements of the payment platform and Chinese laws and regulations. (It only applies to shopping, login and other behaviors on the CR Tong Platform.)
-
In case your account concurrently meets the following conditions, the CR Tong Platform will suspend or freeze the member account, and you are no longer be able to log on to the Platform under the member account. The corresponding services will also be suspended following the suspension of your membership, and you must apply to the Platform and obtain the consent of CR Tong before using the account:
(It only applies to shopping, login and other behaviors on the CR Tong Platform.)
(1) Fail to bind with the [Payment Account] that has passed real name authentication;
(2) Fail to log in to the CR Tong Platform or consume or earn points at the designated merchants of China Resources/CR Tong under CR Tong member account for six (6) consecutive months;
(3) There is no unexpired effective business (effective business includes, but is not limited to, virtual assets such as points, electronic coupons, and other subscription-based value-added services). -
If your account involves violation against national laws and regulations, MUMIAN/CR Tong Platform will suspend or freeze the member account, and you are no longer be able to log on to the Platform under the member account. The corresponding services will also be suspended following the suspension of your membership, and you must apply to the Platform and obtain the consent of MUMIAN/CR Tong before using the account.
-
Each user is allowed to hold only one MUMIAN/China Resources Platform account on the Platform. If there is evidence to prove or MUMIAN/CR Tong has reason to believe that you have registered or used multiple Platform accounts, MUMIAN/CR Tong has the right to take measures such as freezing or closing accounts, canceling orders, refusing to provide services, etc. You shall also be liable for compensation for any losses caused to the Platform and related parties. Being a member of MUMIAN/CR Tong Platform under this Agreement and also a registered member of other non-CR Tong Platforms under the designated merchants of China Resources and/or CR Tong does not fall within the aforementioned circumstance in the paragraph, and CR Tong has the right to merge and integrate your aforesaid member accounts.
-
For your account you can set a nickname that does not infringe the legitimate rights and interests of others. CR Tong has the right to stop providing services for you and cancel your nickname so long as it believes that the nickname you set is suspected of violating the legitimate rights and interests of others. If you are no longer a registered user of CR Tong, CR Tong may make available to any registered user your nickname of the originally registered account. (It only applies to CR Tong Platform)
-
You can get the points (including Mixc Point), rebates and vouchers by participating in comments and platform activities on the MUMIAN/CR Tong Platform, subject to the relevant rules separately formulated and, from time to time, revised and updated by the MUMIAN/CR Tong Platform (Mixc Point User System Platform). The points and vouchers are subject to specific use rules and validity periods, and those not used within the time limit will be reset. You are required to, from time to time, pay attention to the validity period of the points and vouchers in your account. Before the expiration of the validity period, MUMIAN/CR Tong may not provide any additional notice, and bear no responsibility for the points and vouchers to be cleared for expiration. For points and vouchers obtained through malicious purchase and improper means, MUMIAN/CR Tong has the right to make independent judgment and take measures, including, but not limited to, freezing your account or clearing points and vouchers.
-
You understand and agree that even after this Agreement and the service for you is terminated, MUMIAN/CR Tong has the right to:
(1) continue to save and use your user information and transaction information;
(2) continue to investigate you for the the responsibility you should bear for violating laws and regulations, this Agreement and Platform rules during your use of MUMIAN/CR Tong Platform services.
Article IV Membership Services and Management Norms
-
You have the right to, in accordance with the Agreement and relevant rules published on the MUMIAN/China Resources Platform, inquire information, order goods, publish use experience, participate in commodity discussion, invite friends to follow, upload commodity pictures, obtain business promotion information, participate in relevant points and marketing activities of the MUMIAN/China Resources Platform, and use other services provided by the Platform.
-
By accepting the services provided by the MUMIAN Platform, you agree to accept the information services provided by the MUMIAN/CR Tong Platform. You hereby authorize MUMIAN/CR Tong to send business information to your email, mobile phone, mailing address, etc. You have the right to reject the information services provided by MUMIAN/CR Tong, and make changes on the relevant pages of the MUMIAN/CR Tong Platform or unsubscribe based on the information prompt.
-
You should abide by the rules of the MUMIAN/CR Tong Platform formulated, modified and updated by MUMIAN/CR Tong, including the rules on membership, such as the articles of association of membership, membership agreement, the rules on points, such as the points activity, points system, and the rules on the order (establishment/change/cancellation, etc.). The aforementioned rules on membership, points, and orders shall be subject to the announcement by the Platform.
-
When purchasing products and/or services on the MUMIAN/CR Tong Platform, you are required to carefully confirm the name, price, quantity, model, specification, or size of the purchased products, or the time, contents, restrictive requirements, or other important matters of the purchased services and verify all related information at the time of placing an order.
-
Your purchase on the MUMIAN/CR Tong Platform shall be based on real consumer demand, and you shall not maliciously purchase products and/or services, protect rights, or otherwise disturb the normal trading order of the Platform. In case of any of the preceding circumstances, we may, based on the need to maintain the trading order and transaction security of the Platform, take treatment measures such as closing relevant transaction orders, etc
-
In the evaluation system provided by the MUMIAN/CR Tong Platform, you have the right to publish use experience and evaluation of the merchants who have entered into transactions with you and the commodities and/or services provided by the merchants in the transaction. Such information will be made available to the public on the MUMIAN/CR Tong Platform, except for the circumstances against Chinese laws and regulations or infringing upon the legitimate rights and interests of others.
-
You shall be responsible for your comments and content on the MUMIAN/CR Tong Platform, and strictly abide by the following obligations, otherwise the Platform has the right to, without additional notice for you, delete or block any information that does not conform to laws and policies or is untrue. You shall be liable for the losses caused to the Platform:
(1) Do not upload or express any comment inciting to resist to or sabotage the implementation of constitutions, laws and administrative regulations, any comment inciting to subvert the state power and overthrow the socialist system, any comment inciting to split the country and sabotage the national unity, or any comment with illegal political tendency inciting the ethnic hatred and ethnic discrimination or undermining the ethnic unity.
(2) Information transmission from Mainland China to overseas countries must conform to the relevant regulations of China.
(3) Do not utilize the Platform to engage in money laundering, trade secret stealing, personal information stealing or other criminal activities.
(4) Do not interfere with the proper functioning of the website, and do not hack the website and the national computer information system.
(5) Do not transmit or express any criminal, harassing, libelous, abusive, minatory, harmful, vulgar, obscene or uncivilized information.
(6) Do not transmit or publish information or speech that is harmful to the national social and public interests and involve national security;
(7) Do not instigate others to engage in the acts prohibited by this Article;
(8) Do not engage in profit-making business activities under the account registered with the MUMIAN/China Resources Platform;
(9) Do not publish any content that infringes the intellectual property rights or legal rights of others, such as copyright and trademark rights;
(10) Other issues that violate social public interests or public ethics or are not suitable for release on the MUMIAN/China Resources Platform according to relevant Platform Agreement, rules, systems, etc. -
MUMIAN/CR Tong Platform reserves the right to delete all kinds of information on the Platform that does not conform to laws and policies or is untrue, without additional notice for you. If you fail to comply with the relevant provisions of this Agreement, the Platform has the right to make independent judgments and take measures, such as suspending or closing your member account. You must be legally responsible for your comments and actions on the Internet.
-
All your comments on the MUMIAN/CR Tong Platform shall comply with Chinese laws and regulations and relevant rules, systems and other provisions of the Platform. The comments shall be objective and true, and shall not contain any obscene, pornographic, vulgar and advertising information and other prohibited information specified in laws, regulations and this Agreement; You shall not help others to improve their credit rating in an improper way, or take advantage of the evaluation right to threaten and extort others. In accordance with the relevant provisions of the MUMIAN/China Resources Platform Rules, MUMIAN/CR Tong can delete or screen the comments generated by your above actions, and you shall be liable for compensation for the losses caused to the Platform.
-
You understand that the MUMIAN/CR Tong Platform has to, on the regular or irregular basis, overhaul or maintain the Platform providing services (such as Internet websites, mobile networks, etc.), application software or related equipment, or upgrade and modify the Platform membership system. The Platform shall bear no responsibility for the interruption of service within a reasonable time due to such circumstances. However, the Platform shall, as much as possible, make announcement in advance and give notice on the corresponding service page as appropriate.
-
Settlement of transaction dispute
- How to settle transaction disputes: In the event of any dispute during the transaction on MUMIAN/CR Tong Platform, you or any other party has the right to resolve the dispute by:
(I) consulting with the other party to the dispute (only applicable to CR Tong Platform);
(II) adopting the dispute mediation service provided by CR Tong Platform (only applicable to CR Tong Platform);
(III) requesting the consumer association or other legally established mediation organization for mediation;
(IV) making complaints to relevant administrative departments;
(V) submitting the dispute to an arbitration institution for arbitration according to the arbitration agreement (if any) reached with the opposite party of the dispute; or
(VI) bringing a lawsuit to the people's court. -
Platform mediation service: By adopting the dispute mediation service of MUMIAN/CR Tong Platform under the Platform rules, you accept and agree to perform the mediation decision made by the customer service personnel of the Platform or other authorized third party (“mediation party”) recognized by MUMIAN/CR Tong as an independent third party based on the dispute facts they have learned and in accordance with the rules of the Platform (including adjusting the transaction status of relevant orders, paying the disputed amount in part or full to one or both parties). Before a mediation decision is made by the MUMIAN/CR Tong Platform, you can resolve the dispute to terminate the dispute mediation service of the Platform by the ways specified in the above (III), (IV), (V) and (VI) (hereinafter referred to as “other ways to settle disputes”).
If you are dissatisfied with the mediation decision, you still have the right to resolve the dispute by other means, provided that you shall perform the mediation decision before the final decision is obtained through other means.
Article V Member Service Fee
MUMIAN/CR Tong Platform provides member services to you at high costs. The services provided by CR Tong to you are free since the date of signing this Agreement, except for the charges expressed indicated by the Platform.
Article VI Protection of Member Information and Authorization
-
MUMIAN/CR Tong protects your personal information (that is, the information and data that can, independently or in combination with other information, identify the user or correlate with specific individuals) in accordance with Chinese laws and administrative regulations. When using the services provided by the MUMIAN/CR Tong Platform, you agree that MUMIAN/CR Tong collects, stores, uses, discloses and protects your personal information and transaction information pursuant to the privacy policy and other related rules published on the Platform.
-
You undertake to register as a user of MUMIAN/CR Tong in your true identity, and guarantee that the personal information provided is true, accurate, complete, legal and effective and when relevant information changes, will update the registration information in a timely manner and in accordance with the legal provisions and this Agreement, assume corresponding legal liability for the information provided. In addition, you guarantee that MUMIAN/CR Tong can contact you or your authorized representative through relevant information. MUMIAN/CR Tong has the right to review the authenticity and effectiveness of the relevant information provided by you for registration purpose. MUMIAN/CR Tong shall bear no responsibility for its inability to provide or further provide you with services because of the inconsistent data and information provided by you with the facts, or the untimely update following changes or the possible misleading result, and you must bear the corresponding responsibility and consequence that may arise therefrom. MUMIAN/CR Tong has the right to cancel your registered account, terminate your right to use registered user services it provides.
-
Within the protection period specified by laws and regulations, you grant MUMIAN/CR Tong, free of charge, the exclusive global license to use and the right to sublicense to other third parties the text, picture, video, audio and other information or content provided and released by you on the MUMIAN/CR Tong Platform, except for personally identifiable information (that can identify the user's identity independently or in combination with other information). You agree and acknowledge that MUMIAN/CR Tong will store, use, copy, revise, edit, publish, display, translate, distribute the above information and content or make derivative works thereof, and incorporate the above information and content into other works in the form, media or technology known or developed in the future.
-
You agree and acknowledge that, for the purpose of providing you with better services and products, the user information you provide to MUMIAN/CR Tong and the designated merchants of CR Tong, including, but not limited to, the information provided and generated before the signing of this Agreement and that MUMIAN/CR Tong inquired and collected hereunder, can be used by MUMIAN/CR Tong and the third party entrusted by MUMIAN/CR Tong for legal purposes, such as providing services, recommending products carrying out market research and information data analysis, except those expressly prohibited by relevant Chinese laws and administrative regulations. MUMIAN/CR Tong and the third party entrusted by MUMIAN/CR Tong are obliged to keep the above information confidential. This clause shall come into force upon the signing of this Agreement and have independent legal effect, and shall not be affected by the establishment of the contract or the change of validity status.
-
You agree that MUMIAN/CR Tong has the right to log into your registered account for evidence preservation by using your registration information, user name, password and other information, including, but not limited to, such legitimate purposes as notarization, witness, assistance to judicial authorities in investigation and evidence collection, etc.
Article VII Confidentiality
-
The party of this Agreement shall be obliged to keep confidential the signing and content of this Agreement and the trade secrets of the other party he has learned during the performance hereof. Without the prior written consent of the other party, neither party shall disclose, make available or transfer to a third party (except for China Resources or the designated merchants of CR Tong) such confidential information (except for the provision of such confidential information to the government, securities exchanges and other regulatory agencies, as well as to the legal consultant, accounting consultant, commercial consultant and employees of both parties in accordance with relevant national laws and regulations, rules of stock exchanges, or requirements of competent state agencies).
-
Either party shall, at the request of the other party, return to the other party, or destroy, or dispose of, any document, data or software containing the other party's confidential information after the termination of this Agreement, and shall not continue to use such confidential information.
-
The obligations of the party of this Agreement under this clause shall continue beyond the termination of this Agreement, and both parties shall continue to abide by the confidentiality clause hereof and perform the confidentiality obligation they have committed until the other party agrees to release this obligation, or in fact no damage in any form would be caused to other parties due to the violation of the confidentiality clause.
-
Either party shall inform and cause its employees, agents, and consultants who must be informed of the contents of this Agreement and the trade secrets of the other party due to their cooperation for the purpose of performing this Agreement to comply with the confidentiality clause, and shall be liable for the acts of their employees, agents, consultants, etc.
Article VIII Intellectual Property
-
All content and the compilation of such content on the MUMIAN/CR Tong Platform, including, but not limited to, works, pictures, archives, information, materials, website architecture, website image arrangement, and webpage design, are the exclusive property of MUMIAN/CR Tong. The corresponding intellectual property rights (including, but not limited to, trademark rights, patent rights, copyrights, trade secrets, etc.) are retained by MUMIAN/CR Tong and are protected by Chinese and international copyright laws.
-
By accepting and signing this Agreement, you take the initiative to exclusively and irrevocably transfer to MUMIAN/CR Tong the transferable rights such as the property rights of information content (including, but not limited to, customer evaluation, customer consultation, various topic articles, and others), in any form, that you publish on the MUMIAN/CR Tong Platform at any time, including the copyright property rights (including, but not limited to, reproduction right, distribution right, rental right, exhibition right, performance right, projection right, broadcasting right, information network communication right, filming right, adaptation right, translation right, compilation right, and other transferable rights to which the copyright owner is entitled). You agree that MUMIAN/China Resources has the right to file a lawsuit or pursue legal liability in other ways for infringement by any party.
-
You acknowledge and agree that this Agreement has constituted a written agreement for the transfer of copyright and other rights as stipulated in the Copyright Law of the People's Republic of China and relevant laws and regulations, and its effect extends to any content of your works that are protected by the Copyright Law published on the MUMIAN/CR Tong Platform, regardless of whether such content was formed before or after the conclusion of this Agreement.
-
Without the written consent of MUMIAN/CR Tong, no one shall use, modify, reverse compile, copy, publicly disseminate, change, distribute, release or publicly publish the programs or contents of the MUMIAN/CR Tong Platform, unless otherwise required by law, otherwise MUMIAN/CR Tong has the right to pursue its legal liability.
-
The matters not covered in the intellectual property protection in connection with the MUMIAN/CR Tong Platform shall be subject to the statement of intellectual property officially issued by the MUMIAN/CR Tong and the management systems formulated by the Platform, as well as all the rules that have been or may be issued or updated in the future by the platforms officially recognized by MUMIAN/CR Tong. In the event of any inconsistency between the relevant statements, management systems and rules and the provisions of this Agreement, the documents published or signed later or the ones with more rigorous binding force on members shall prevail.
Article IX Liability for Breach of Contract
-
Your violation of this Agreement, the ancillary contract hereto, and the relevant rules issued by the MUMIAN/CR Tong Platform constitute a breach of this Agreement.
-
In order to cope with the development of e-commerce and satisfy the needs of mass users for efficient and high-quality services, MUMIAN/CR Tong may prescribe the procedures and standards for the determination of breach of contract in the MUMIAN/China Resources Platform rules. You agree to accept and to abide by these procedures and standards, for example, the Platform can determine a breach of contract based on the relationship between your member data and mass user data, and you are obliged to provide sufficient evidence and reasonable explanation for the abnormal data, otherwise a breach of contract will be confirmed.
-
MUMIAN/CR Tong has the right to take the following measures for your breach of contract, and such handling does not mean that MUMIAN/CR Tong waives the right to claim compensation from you:
(1) MUMIAN/CR Tong can, pursuant to the corresponding rules, immediately delete and block the information you publish on the Platform that constitutes a breach of contract, ;
(2) MUMIAN/CR Tong may, in accordance with the corresponding rules, take such measures as deducting points from your member account, restricting your participation in points and marketing activities, and suspending the provision of some or all services to you if your behavior on the MUMIAN/CR Tong Platform, or your behavior that is not been implemented on the Platform but has an impact on the Platform and other members constitutes a breach of contract. MUMIAN/CR Tong can freeze your account and terminate the provision of services to you so long as your behavior constitutes a fundamental breach of contract;
(3) MUMIAN/CR Tong can, according to the risk degree of your behavior, instruct the payment platform to take such mandatory measures as canceling collection and stopping payment of funds on your payment account when your breach of contract is accompanied by specific circumstances such as misappropriation of others' accounts or you have produced a risk of endangering others' transaction or account security;
(4) MUMIAN/China Resources can publicize on the MUMIAN/China Resources Platform the information regarding the handling measures for your above-mentioned breach of contract and other violation related information confirmed by the effective legal documents issued by the national administrative or judicial organs. -
If your behavior causes losses to China Resources, MUMIAN/CR Tong and/or their affiliates and payment platform (including their own direct economic losses, goodwill damage, and indirect economic losses such as compensation, settlement payments, attorney fees, and legal fees paid to others), you shall compensate China Resources, MUMIAN/CR Tong and/or their affiliates and payment platform for all the above losses.
-
If your behavior causes MUMIAN/CR Tong and/or its affiliates and payment platform to suffer from the rights claimed by a third party, MUMIAN/CR Tong and/or its affiliates and payment platform can recover all losses from you after assuming the obligation of making payment to the third party.
-
If a third person suffers losses due to your behavior or you fail to perform the mediation decision, MUMIAN/CR Tong and/or its affiliates can, for the purpose of protecting social and public interests or the rights and interests of consumers, instruct the payment platform to make the corresponding deduction from your payment account. If your account balance or security deposit is insufficient to cover the corresponding amount, you agree to entrust MUMIAN/CR Tong to pay the above amount on your behalf with its own funds, and you shall return the expenses in full amount and compensate MUMIAN/CR Tong for all losses caused thereby.
-
You agree that MUMIAN/CR Tong instructs the payment platform to pay the above compensation by making corresponding deduction from your payment account. If your account balance is insufficient to pay the corresponding amount, MUMIAN/CR Tong and/or its affiliates are entitled to directly offset your rights and interests under other agreements with them, without affecting their right to continue to claim a compensation.
-
Associated processing
If MUMIAN/CR Tong terminate this Agreement due to your material breach, for the purposes of maintaining the platform order and protecting the rights and interests of consumers, MUMIAN/CR Tong and/or its affiliates may take measures to suspend your transactions under other agreements or even terminate this Agreement, and notify you in the manner agreed in Article XIV.
-
If the related handling of your cooperation under this Agreement has been clearly agreed in other agreements signed between you and MUMIAN/CR Tong, and the agreements signed between you and China Resources, MUMIAN/CR Tong and/or its affiliates, and the payment platform, MUMIAN/CR Tong can, for the purpose of maintaining platform order and protecting the rights and interests of consumers, suspend or even terminate the Agreement when receiving instructions and notify you in the manner agreed in Article XIV.
Article X Limited Liabilities and Force Majeure
-
In no case will MUMIAN/CR Tong be not liable for failure of service, incomplete service, change of service content, service defect or delayed service due to force maejure such as failure in power, network, computer, communication or other systems, strike (including internal strike or labor riot), labor dispute, insurrection, uprising, riot, insufficient productivity or production material, fire, flood, storm, explosion, war, government action, or order of international or domestic court, or any inaction of any third party.
-
The services hereunder are provided on an “AS IS” and “AS AVAILABLE” basis. MUMIAN/CR Tong hereby expressly disclaims any express or implied warranties regarding the services, including but not limited to warranties regarding applicability, free from error or omission, continuity, accuracy, reliability, or suitability for a certain purpose.
-
Your use of the services of MUMIAN/CR Tong Platform to download or obtain any information is based on your independent judgment, and all risks and liabilities arising therefrom shall be borne by you solely. MUMIAN/CR Tong only provides you with Platform member services. You fully understand that the relevant information on the Platform is released by the merchants registered with MUMIAN/CR Tong, and there may be risks and defects. You fully understand that the Platform has the characteristics of massive information and the separation of information from physical objects in the information network environment, and MUMIAN/CR Tong cannot review the information of goods and/or services one by one, or review the quality, safety, legality, authenticity and accuracy of goods and/or services involved in the transaction one by one. You are obliged to make prudent judgments on your own.
-
Handling of force majeure: If, during the performance of this Agreement, if the party of the Agreement is unable to perform the relevant provisions hereof due to objective circumstances that cannot be predicated, avoided and overcome, including but not limited to the events of force majeure, such as war, fire, earthquake, flood, storm and others, the affected party shall notify the other party as soon as possible after suffering the force majeure, and provide relevant supporting documents within 15 (fifteen) days from the date of notification. If the force majeure lasts for 30 (thirty) days, either party has the right to terminate this Agreement in advance by giving a notice to the other party. The party of the Agreement shall not be liable for breach of contract to the other parties when the Agreement is suspended or terminated due to force majeure.
Article XI Change of Agreement
-
In accordance with the changes in national laws and regulations and the need to maintain the trading order, protect the rights and interests of consumers or the operation of the website, you undertake to accept and abide by the relevant rules formulated by MUMIAN/CR Tong while using the services it provides under this Agreement. MUMIAN/CR Tong has the right to formulate and modify this Agreement or various rules from time to time as required, and will notify you of change to this Agreement or the relevant rules, if any, in the manner agreed in Article XIV hereof. If you disagree with the relevant changes, you must notify in writing MUMIAN/CR Tong immediately to terminate this Agreement, or immediately stop accepting any services provided by the Platform under this Agreement. Login to the MUMIAN/CR Tong Platform or continue to use the services provided by MUMIAN/CR Tong will mean that you accept all changes to this Agreement and related rules with practical actions. New content provided by MUMIAN/CR Tong for the purpose of service expansion or function enhancement shall be subject to this Agreement, unless otherwise expressly stated.
Article XII Termination and Cancellation of the Agreement
-
You have the right to terminate this Agreement in any of the following ways:
-
MUMIAN/China Resources can terminate this Agreement by canceling your member account in the following cases:
(1) MUMIAN/CR Tong terminates this Agreement as agreed herein when you violate this Agreement;
(2) MUMIAN/CR Tong freezes or closes your account in accordance with this Agreement and the relevant MUMIAN/CR Tong Platform rules when you embezzle others' accounts, publish prohibited information, cheat others' property, maliciously shop and safeguard rights, or seek profits by unfair means, etc;
(3) MUMIAN/China Resources Platform freezes or closes your account in accordance with this Agreement and the relevant MUMIAN/China Resources Platform Rules if, in addition to the above circumstances, you have repeatedly violated the relevant provisions of the MUMIAN/China Resources Platform Rules and the circumstances are serious;
(4) Your account has been sealed by MUMIAN/CR Tong in accordance with this Agreement and relevant MUMIAN/CR Tong Platform rules;
(5) You violate the agreement signed between you and MUMIAN/China Resources and/or its affiliates and payment platform, and infringe the legitimate rights and interests of others or commit other serious violations; or
(6) Other cases in which the membership service should be terminated. -
Handling of follow-up matters after termination:
-
Except as expressly provided by law, after the cancellation of your member account, MUMIAN/China Resources is not obliged to disclose any information in your member account to you or any third party designated by you, and has the right to:
-
After the termination of this Agreement, MUMIAN/CR Tong may notify the counterparty of the transaction order generated by you during the duration of this Agreement and decide whether to close such transaction order based on the wishes of the counterparty. If the party of the transaction requests to continue to perform, you shall continue to perform this Agreement and the agreement on the transaction order, and bear any and all losses or increased costs arising therefrom.
(1) apply for cancellation of your member accounts through the customer service telephone of CR Tong after meeting the conditions for cancellation of member accounts publicized on the MUMIAN and CR Tong Platform;
(2) stop using the MUMIAN/CR Tong Platform services and express to MUMIAN/CR Tong your unwillingness to accept the change before the change takes effect;
(3) You express your unwillingness to continue to use the platform services of MUMIAN/CR Tong or CR Tong, and meet the conditions for termination of the member service of MUMIAN/CR Tong or CR Tong Platform.
(1) retain the registration information of your member account and all past transaction records;
(2) MUMIAN/CR Tong can still exercise the rights specified in this Agreement if you commit any illegal act or, act in violation of this Agreement and the relevant Platform rules before the cancellation of member account.
Article XIII Application of Law and Jurisdiction
-
The conclusion, effectiveness, interpretation, amendment, supplement, termination, execution and dispute resolution of this Agreement shall be governed by Chinese laws (excluding conflict of laws). If there are no relevant legal regulations, the business and/or industry practices shall be followed.
-
All disputes arising from the execution of or in connection with this Agreement shall be settled through negotiation by the parties involved in the dispute. If the negotiation fails, either party shall have the right to file a lawsuit to the court of the place where the party relating to CR Tong is domiciled.
Article 14 Notice and Service
-
Contact method
-
When you register as a member of the MUMIAN/CR Tong Platform, and accept and use the services of the Platform, you shall provide the MUMIAN/CR Tong Platform with a true, effective and latest contact information (including your name, email address, contact telephone, contact address, etc.) and, in case of any change in contact information, update the relevant information in a timely manner and keep yourself being contacted.
-
The member account (including its sub account) generated when you registered as a member of the MUMIAN/CR Tong Platform, which is used to log in to the Platform to receive instant messages and other system messages, also serves as your effective contact information.
-
MUMIAN/CR Tong will send notices to one or several of your above contact information, and you should pay special attention to the contents of such notices which may have significant beneficial or adverse effects on your rights and obligations.
-
You have the right to, through your mobile phone number or email address provided at the time of registration, obtain commercial information such as product related advertising information, point activities, promotions and concessions that you are interested in and, of course, you also have the right to unsubscribe through the corresponding function provided by MUMIAN/CR Tong if you are unwilling to receive such information.
-
-
Service of notice
-
MUMIAN/China Resources will send a notice to you through the above contact information. The written notice sent electronically, including but not limited to sending a mobile phone message to your contact phone number, an email to your email address, and instant messages, system messages and in-station messages to your member account shall be deemed to have been served once they have been successfully sent.
-
MUMIAN/CR Tong can inform merchants of changes in service charging standards, rules and notices for all members through the announcement on the MUMIAN/CR Tong Platform or via other short messages or template messages. The announcement, once released, shall be deemed to have been served, and you should pay special attention to the announcement in real time.
-
The notices in connection with this Agreement sent to you by MUMIAN/CR Tong, in addition to the above forms, can also be delivered in other forms, or sent by fax, telegram, telex, etc. The notices sent by fax, telegram or telex, shall be deemed to have been served on the date of delivery, and on the date of signing for receipt if they are sent by registered mail with postage prepaid, or by express mail.
Article XV Miscellaneous
-
If any clause in this Agreement is rendered invalid or unenforceable by the applicable laws, the clause shall be deemed if it had never existed, without affecting the validity of other clauses in this Agreement. The parties involved herein shall negotiate to determine a new clause to the extent permissible under the law so as to effect the original intent of the clause to the fullest extent possible.