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Terms of Service

[Important Notice]

To register as a user of the GoTen Dropshipping Platform (URL: https://www.goten.com), you should finish the registry and sign the " User Service Agreement of GoTen Dropshipping Platform" (hereinafter referred to as "Agreement" by clicking "Agree" as required. Before you accept the Agreement, please carefully read and fully understand all contents in the Agreement —especially those in bold type. If you have any questions about the terms in the Agreement, please reach customer services on GoTen Dropshipping Platform for the explanation of the terms. If you don't agree with any content in the Agreement or cannot correctly understand the explanation provided by GoTen Dropshipping Platform, please stop the registry and don't proceed further. After stopping the registry, you can only browse partial product information but not use other services.


User Service Agreement of GoTen Dropshipping Platform

Issue: March, 2020           

Latest amendment: March 7, 2020

Valid from: March, 2020

 

1. Purpose of Agreement

The Agreement is specially made to standardize the operation and management of GoTen Dropshipping Platform, clarifying the rights and obligations of Suppliers, Users, and GoTen Dropshipping Platform, and protect legitimate rights and interests of all parties for the joint commitment. 

 

2. Definition

2.1 Unless otherwise expressly stated, the glossary in this Agreement has the following meanings:

2.1.1 GoTen Dropshipping Platform: Abbrev. GoTen, whose URL is https://www.goten.com, is an e-trade platform on which HongKong ETENG TECHNOLOGY LIMITED Company provides registered users with product information, intermediary service, and management for online transactions. Users can register successfully as a member as required by GoTen and after getting the right to dropship, they can publish a large amount of product information from GoTen to third-party platforms, (including but not limited to eBay, Amazon, Wish, etc.) or other distribution channels. After users receive orders from end-consumers from third-party platforms or other distribution channels, they can place orders on GoTen and request to dropship products to end-consumers or other buyers.

2.1.2 Users: Legal entities who purchase products on GoTen, hereinafter referred to as "you";

2.1.3 Suppliers: Legal entities who provide products for you on GoTen, i.e., the party which trade with you in relation to purchasing and sales, including manufacturers, brand owners, authorized suppliers, dealers, or agents;

2.1.4 Dropshipping products: products posted on GoTen that you can place orders to purchase them, hereinafter referred to as "products";

2.1.5 Purchase order: The trade order that is automatically generated after you purchase products from suppliers and finish the payment;

2.1.6 Sales order: The trade order that is generated after you sell products purchased from GoTen to end-consumers or other buyers through third-party platforms or other distribution channels;

2.1.7 Day: a period of 24 hours in the calendar;

2.1.8 Working day: The day on which people work according to local laws and rules in the place of performance of this Agreement, which excludes legal holidays;

2.1.9 Related party: Anybody who is directly or indirectly controlled by a party, under the same control with the party, or control the party. The word "control" here refers to anybody who (a) has already issued shares, has other stock rights, or over 50% registered assets; (b) has rights to direct or rule the person's management or policies, no matter through holding over 50% right to vote or designate the board of directors or most members in similar administrative organizations; or (c) actually rule the person through investment relationships, Agreements, or other arrangements. The "person" mentioned above may be any entity, enterprise, company, joint venture, cooperative enterprise, joint-stock company, partnership, individual, receiver, and liquidator.

 

3   Contract Party

This Agreement is signed by HongKong ETENG TECHNOLOGY LIMITED Company and you, who apply to be a registered user on GoTen through clicking "Agree." The services in this Agreement are provided by HongKong ETENG TECHNOLOGY LIMITED Company. Unless otherwise expressly stated, the legal entity of GoTen is HongKong ETENG TECHNOLOGY LIMITED Company.

 

4  Validity and Scope of the Agreement

4.1 You accept this Agreement by clicking "Agree" on the web page or in other ways, including actually commencing the cooperation with GoTen described in this Agreement without clicking "Agree," which means both You and GoTen reach the Agreement and accept all terms of this Agreement. This Agreement is valid from the moment you accept it.

4.2 This Agreement includes the main body, all relevant rules, business specifications and other documents (hereinafter referred to as "platform rules") that have been published or may be published by GoTen in the future and notified in the form of website announcement, including but not limited to the membership levels, system of rights and interests, after-sales service rules, etc. These documents are an integral part of this Agreement and have the same legal effect as this Agreement.

4.3 GoTen has the right to formulate and modify this Agreement, platform rules, and other contents from time to time according to business needs, and notifies you in the form of website announcement (Except to the extent otherwise agreed herein). The amendment shall take effect 7 days after the announcement. If you do not agree with relevant amendments, please stop using the services immediately and send a written notice to the GoTen within 1 day. Otherwise, the amendment will be deemed to have been accepted. In case of any dispute with GoTen, the latest Agreement shall prevail. Unless otherwise expressly stated, any new content that expands the scope or enhances the functionality of the services is subject to this Agreement.

5  Membership and Authentication

5.1 To become a member on GoTen, you need to register through your mobile phone number or email address according to the registration page of the website. After successful registration, you can get a login account of GoTen. You are aware that the login account of GoTen only allows you to browse a limited amount of web page information, but not enable you to enjoy the main functions and services provided by GoTen. If you need to further use the functions and services of GoTen, you should complete your profile and membership information according to the prompts and submit them to GoTen for authentication.

5.2 You shall follow the principle of honesty and credibility, provide the registration information and materials to GoTen, and guarantee that the registration information and materials provided are true, accurate, complete, legal and effective. If you cannot provide the registration information and materials required by GoTen, GoTen has the right to reject your registration request and application. If your registration information and documents change, you should immediately notify GoTen and timely update the registration information and documents. If the registration information or documents provided by you is illegal, untrue, inaccurate or incomplete, you shall bear the corresponding responsibilities and consequences arising therefrom, and GoTen reserves the right to terminate your use of its services.

5.3 After you get the login account and password of GoTen, you can change your password according to GoTen's rules. You should use your account and password carefully and reasonably. If you find any illegal use of your account or security vulnerability, please immediately notify GoTen.

5.4 Because your account is associated with your personal information and business information, your account is only for your own use. You should properly keep the account and password. Without the consent of GoTen, your direct or indirect authorization for a third party to use your account or obtain the information under your account are your individual behaviors. When your account is used without authorization, you should immediately notify GoTen. Otherwise, the unauthorized use is deemed to be your behavior and you will bear all the losses and consequences caused thereby. You are not allowed to lend or transfer your account to others, otherwise, the loan or transfer is invalid, and you shall bear all the responsibilities arising therefrom.

5.5 GoTen will evaluate and review your application for distribution qualification based on the basic information and membership information you submitted. If your application is approved by GoTen, you can obtain the distribution qualification from the date of approval, having the right to browse product information provided by suppliers including prices, descriptions, pictures, inventory, warehouses, you can also download data packets within the scope of authorization of the supplier or GoTen and publish them on third-party platforms. At the same time, you can purchase and confirm the goods to be purchased online through GoTen, submit purchase orders online and pay for products. After the supplier receives the purchase order, both parties formally confirm the purchase order and establish the relationship between purchase and sales. After the purchase order is confirmed, the supplier will entrust the GoiTen or other logistics service providers to arrange the delivery of the products to the consumers or buyers designated by you. Each purchase order is subject to this Agreement.

5.6 You fully understand and agree that GoTen has the right to change or modify the basic information, member profiles provided by you, and membership requirements in accordance with the needs of business development and requirements of laws and regulations. For users who have signed up before the changes of basic information, member profile and membership requirements take effect, GoTen will give them a reasonable period. Users should promise to meet the current and latest membership requirements by the end of the corresponding reasonable period. Otherwise, this Agreement will automatically terminate by the end of the corresponding reasonable period.

 

6   Users' Rights and Obligations

6.1 After you successfully register as a member of GoTen and obtain the distribution qualification, you will have the right to use information service and trade intermediary management services provided by GoTen, including but not limited to product information browsing, data packet download, product management, and stock reservation management, purchase order submission, online payment, after-sales service, etc.

6.2 You fully understand and acknowledge that GoTen will not charge the distributor service fees for the time being when you use the GoTen's relevant services, but GoTen reserves the right to charge the aforesaid fees, and the specific fee scale will be published in the form of platform rules or announcements.

6.3 When using GoTen's services to purchase products online, you promise to abide by the principle of honesty and credibility, abide by the Agreement and the platform rules, respect GoTen's business model and the legitimate interests, not be engaged in unfair competition or take unfair means to disturb GoTen's normal business activities and normal order, or not harm GoTen's the interests, not to engage in anything disassociated with online trading, to avoid or not to maliciously use the trading rules of GoTen or any other third-party trading platform (including but not limited to the third-party payment platforms, such as PayPal, Payoneer, etc.) to detriment of GoTen's business order and interests, not to use the negligence, or loopholes in rules of GoTen or any other third-party trading platform to maliciously benefit yourself or harm GoTen's interests, not to obtain false discounts in product sales, marketing, or false rights and interests of value-added services in improper ways. Once you are found or reasonably suspected by GoTen to have such or might have the conducts mentioned above, GoTen has the right to eliminate the discounts, rights, and benefits that you have, and ask you to return all benefits or rights that you have obtained (if any), meanwhile, GoTen has the right to you to pay 200,000 RMB for liquidated damages each time, if the liquidated damages are insufficient to compensate for GoTen's losses, you should also make an additional compensation. GoTen has the right to automatically deduct the liquidated damages or compensation from the balance that you have topped up without taking any responsibility, if the amount is not enough, the rest should be paid within five working days after you receive written notification from GoTen. If the payment is overdue, you will also owe a daily interest of 0.05% on the delayed payment.

6.4 You should abide by the relevant Agreements with GoTen and suppliers when publishing or releasing the information of products and selling the products on the third-party platforms or other distribution channels. If you edit or modify the product information packet on the GoTen and violates the rights of the third party or exceeds the range of commitment and Agreement made by the suppliers and GoTen, when publishing the product information on the third-party platform or other distribution channels, the relevant responsibilities and risks shall be borne by you.

6.5 As the product information published or released on the third-party platforms or other distribution channels are the Agreements between you and consumers or other buyers, you should strictly fulfill the commitment to customers or other buyers, you can't use the Agreement with suppliers to fight against the commitment to customers or other buyers. If you publish product information beyond the scope of information provided by the supplier, or the unclear Agreement between you and the supplier, or information fail to cover your sales commitment to consumers, the relevant responsibilities and risks by you. Any agreement between you and the supplier shall not conflict with this Agreement and GoTen's rules.

6.6 When selling products on third-party platforms or other distribution channels, you should sync the supplier's actual inventory in time. Regardless of any causes, you should bear the responsibilities and risks of disputes arising from the unavailability of products after consumers or other buyers submit a sales order or pay for the product. 

6.7 When selling products on third-party platforms or other distribution channels, you're obligated to understand the relevant local laws and regulations on the sale of goods, including but not limited to intellectual property rights, product liability, product quality and the security obligation, protection of the rights and interests of consumers, etc., and should be strictly abide by them, to ensure that your sales in the country or region are legal. After purchasing products from GoTen, if you find or are found that your sales in the place where the products are sold or where the consumers or buyers are located is illegal, the relevant consequences shall be borne by you. You ought not to ask GoTen or the supplier to assume the responsibility.

6.8 You fully understand, agree and irrevocably undertake that all sales orders of products should be supplied by suppliers on GoTen and the sources of products are suppliers on GoTen to ensure the product quality. You promise to comply with GoTen's transaction process and the related rules, and you will not take any means or measures, including expressly instruct or imply suppliers to transact without GoTen or transfer purchase orders whose product sources are obtained by GoTen in other ways to disrupt the GoTen's normal business activities or damage GoTen's interests.

6.9 You fully understand and acknowledge that supplier irrevocably authorizes and entrust GoTen to provide it with the collection service of the amount of purchase orders and hereby you irrevocably agree that GoTen has the right to collect the amount of purchase orders from you on behalf of the supplier. When you make transactions on GoTen, you shall pay for the products to the collection account designated by the GoTen through online payment or offline remittance. The collection account designated by GoTen shall be subject to the confirmation letter issued by the GoTen with a valid seal. After you pay for the product in full to the collection account designated by GoTen, it shall be deemed that your payment obligation as for the purchase order has been fulfilled and the supplier shall have no right to require you to pay for the purchase order again. If you apply for a corresponding proforma invoice after placing and paying for the purchase order, you should submit the application to GoTen, which shall urge the supplier to issue the proforma invoice. You understand and acknowledge that the proforma invoice for the purchase order issued by the supplier is in the name of the supplier and/or its affiliates and that you will not require GoTen to issue the aforesaid invoice.

6.10 To facilitate you to figure out the settlement amount of the purchase orders, you can top up the account created on GoTen in advance through online payment or offline remittance. In case you top up the account in advance, you shall remit the amount to the collection account designated by GoTen and irrevocably authorize GoTen to pay for the products of purchase orders submitted by you to the supplier within the range of the amount. When GoTen receives the bank payment slip provided by you and the GoTen confirms that the amount for the top-up has been received, GoTen shall top up your account with all the collected amount to within one working day. You are aware that there may be a certain delay in the change and adjustment of the amount of the account. You should immediately check the details of the change of the amount in your account upon receipt of the notice of the change from GoTen. If there is any objection to the change of the amount and top-up information, you should contact GoTen within one working day upon receipt of the notice of the change and negotiate for a settlement. Without your written consent, GoTen shall not change the top-up information in your GoTen account. If your balance isn't used up, you have the right to submit an application for the refund of the remaining amount to GoTen, GoTen will review the application after receiving the application within 3 working days. After approval, GoTen will return the corresponding amount to the payment method of your original payment without charging the interest within 7 working days.

6.11 You guarantee that the money and the amount for the top-up that you use to pay for the products of purchase orders are your own money and come from legitimate sources and that you don't obtain third-party credit cards, bank cards, or payment account by buying, borrowing, renting, stealing, snatching, or in any other illegal means, and there are no any unauthorized payments. If you obtain a third-party bank account, pay without authorization or the capital source of the payment amount is not legitimate, no matter when and under what circumstances, once GoTen finds the conduct or GoTen has a reasonable reason to suspect that you are or may be involved in the aforesaid conducts, GoTen has the right to stop providing services to you, close your registered account, and in severe circumstances, eliminate your membership, take measures like sentencing you to a fine of not less than 200,000 RMB due to the breach of Agreement. If a third-party payment agency or a bank determines to return or confiscate the amount of product prices collected by GoTen to the complainant, no matter when, no matter you contradict or appeal to the third-party payment agency or the bank, GoTen has the right to ask you for a full refund all at once, you should arrange for the corresponding amount of the refund after receiving a notice from GoTen platform. If the payment is overdue, you should also pay for a standard daily interest of 0.05% on the delayed payment.

6.12 You are obliged to confirm the validity of the delivery address of the purchase order. If you require the dropshipping service, the supplier will deliver products according to the delivery addresses of the consumers or other buyers entered by you on GoTen. If GoTen calculates the estimated time of fulfillment of delivery or arrival based on the logistic mode selected by you and the delivery address, the estimated time is only for reference, therefore, GoTen doesn't guarantee or take responsibility for the accuracy of the information - the actual delivery or arrival time is subject to the factors of inventory status, normal operation time in the warehouse, delivery distance, delivery location, GoTen can urge the suppliers or specific logistic providers in reasonable ways for the timely and proper delivery of products. You should ensure that consumers or other buyers check and accept the products on the spot according to the purchase order details and sign for receipt upon acceptance. You acknowledge the receipt information, receipt or proof of delivery of the purchase order in the express query page of the relevant logistics company as a receipt and proof that you've received the products.

6.13 You acknowledge that the supplier has applied to the GoTen for after-sales agent service, and has irrevocably entrusted GoTen with the after-sales service of products and authorized GoTen to provide it. After you purchase suppliers' products through GoTen, should after-sales problems occur, you have the right to consult GoTen and to seek the aid of GoTen, GoTen will provide the after-sale service on behalf of the supplier according to the terms and other rules (if any) of the after-sales service published on GoTen's website. You agree to the terms of the after-sales service posted on GoTen and approve all contents, and GoTen reserves the right of interpretation to the terms of the after-sale service. You fully understand and acknowledge that the after-sales service provided by GoTen does not mean that GoTen is the actual supplier of the products.

6.14 Suppliers have promised GoTen to provide you with genuine products without major defects in quality, potential safety hazards, infringement of third-party intellectual property rights. GoTen will do the best to control suppliers' products, continuously improve and reinforce the quality control system, ensure the legitimacy and safety of the products. If the problems above lead to the filing of complaints, claims for compensation, or administrative punishments against you by consumers, purchasers, third-party beneficiaries, or administrative departments, and GoTen verifies the complaints, claims for compensation, or administrative punishments, you should bear the responsibilities to consumers, buyers, third-party beneficiaries, or administrative departments. You may claim for compensation from the supplier after assuming responsibility. If your application for recovery is approved, that is, your responsibilities to consumers, buyers, third-party beneficiaries and administrative departments and the compensation you made really resulted from the supplier, then the supplier shall assume all the responsibilities assumed by you and the compensate you back, and GoTen shall assist you in initiating the procedures of claiming for compensation or recovery against the particular supplier.

6.15 You fully understand and agree that after you submit the purchase order on GoTen, you agree with GoTen on disclosing the purchase order information, recipient's address, contact information, sales order information, and other data to the supplier. You are aware of the issues and risks that may arise from data disclosure and are willing to take such risks and consequences. Unless authorized by you or otherwise required by law, GoTen will not disclose the private information of you, consumers, or other buyers to third parties other than affiliates and suppliers.

 

7. GoTen's Rights & Obligations

7.1 GoTen shall maintain the normal operation of the website based on existing technologies and strive to promote and improve the technologies to enable you to conduct transactions on GoTen smoothly.

7.2 In general, GoTen does not act as a supplier to provide product information and products directly or indirectly, nor does it act as a distributor to purchase products from suppliers. All product information on GoTen are released by suppliers, GoTen can't fully ensure the authenticity, accuracy, and legitimacy of suppliers and related information, as well as the performance capabilities of both parties, but GoTen will take measures to supervise and assess the suppliers, and announce the assessment results at the same time. You shall ascertain the authenticity, accuracy, and legitimacy of product information through your own prudent judgment. If you suffer losses in purchasing the supplier's products on GoTen due to the supplier, GoTen shall be obliged to you in claiming for recovery against the supplier. Under special circumstances, if GoTen as an agent of the supplier to sell products on GoTen, GoTen will do the best to ensure the authenticity, accuracy and legitimacy of the supplier, product information. If the product quality problem causes losses to you, you will have the right to choose the suppliers or GoTen to take responsibility.

7.3 GoTen shall have the right to supervise products and sales activities posted by suppliers on GoTen. If GoTen finds or has a reasonable reason to suspect that a supplier has violated the Agreement between GoTen and it, platform rules, or is engaged in illegal activities, GoTen will take appropriate disciplinary action against the supplier according to the severity, including but not limited to the limit or ban on the supplier's qualification in sales, by shutting down the registered account or even eliminate it. If GoTen takes the above penalty measures against the supplier and affects the fulfillment of the purchase order submitted by you, GoTen shall promptly inform you and assist you to take corresponding measures to reduce the loss. You promise not to call GoTen to account by any means.

7.4 If the dispute between you and a supplier is caused by the purchase on GoTen, which falls within the scope GoTen's services, any party may request GoTen to make mediation. In line with the principle of fairness, justness, and openness, GoTen will conduct a formal review of the evidence submitted by you or the supplier, making judgments based on the general public's cognitive level and common sense, and concluding the attribution of liability and mediation accordingly. If either you or the supplier is not satisfied with the mediation decision, you have the right to adopt other means of dispute settlement to resolve the dispute. However, the mediation decision of GoTen should still be fulfilled before the final decision of another dispute settlement is reached. GoTen can cooperate to provide necessary information as a support to facilitate the resolution of the dispute.

7.5 When suppliers manage the product information, including but not limited to the modification of the product title, price, category, properties, inventory quantity, description, and so on, which leads to the change of product information, or suppliers clear out the stock, delist, or delete products resulting in the delisting of products that you've synchronized, GoTen will be the first to update the latest product information, trying the best to ensure the accuracy of product information. Because the amount of product information is very large, although GoTen will do the best to ensure the accuracy of the product information that you browse, due to objective reasons, such as the well-known factors of the existing Internet technology, there may still be lags or errors in the information displayed on GoTen's web pages. You are completely aware of the case, understand and promise not to call GoTen to account by any means.

7.6 Because of the particularity of online trading platform, GoTen has no obligations to examine all your information, all transactions, purchase orders, sales orders, and other related matters in advance, signing the Agreement and reviewing your membership don't mean that GoTen guarantees, take the responsibilities, or else, expressly or implicitly, for your identity, qualification, performance capability, purchase, sales, etc. as well as the authenticity, accuracy, legitimacy of the information uploaded or posted by you. However, if another third party notifies GoTen, and considers there might exist serious problems in a particular distributor or particular transaction, GoTen can judge the related contents as far as a normal non-professional trader knows, and even plainly believe that the contents or conducts are illegal or inappropriate. GoTen can choose to suspend, terminate the services for the distributor, or even eliminate the membership according to different situations.

7.7 GoTen has the right to access your basic information, information on the purchase, download, transaction; supervise and manage your trading behaviors, if you are found or suspected to have any problem, GoTen shall have the right to send a notice to ask or request the correction, or directly suspend or terminate this Agreement without undertaking any responsibility to you.

 

8. Termination

8.1 This Agreement shall be terminated under any of the following circumstances:

(1) You have closed your GoTen account;

(2) Before the change of this Agreement takes effect, you stop using the services provided by GoTen and express that you do not agree to accept the Agreement after the change;

(3) If you no longer meet the requirements of the membership, violate the terms of this Agreement and GoTen's rules, GoTen shall have the right to expel you from GoTen, and this Agreement shall be terminated by then;

(4) Other reasons cause the termination of this Agreement or make the termination occur.

8.2 If any of the following situations happens to you, GoTen shall have the right to unilaterally stop providing services at any time without further noticing you, to restrict your rights of use, or to dismiss your membership according to actual circumstances:

(1) The registration information submitted by you is false or you do not have the membership qualification stipulated by GoTen;

(2) You violate the terms in this Agreement or GoTen's rules;

(3) You plan to damage or damage GoTen's interests, such as malicious complaints, fraud, or monetization, damages to program, spam, data source embezzlement, etc.;

(4) You violate applicable laws, regulations, rules, etc.;

(5) In other cases that GoTen considers it necessary to terminate the services.

8.3 GoTen has the right to terminate this Agreement according to the condition of your business after unilaterally notifying you 15 days in advance, and shall not be liable to you.

8.4 After the termination of this Agreement, you won't have right to continue to use the services provided by GoTen, nor to continue to purchase products from the suppliers for distribution, but in accordance with this Agreement, you shall continue to perform the obligations for transactions that have occurred prior to the termination of this Agreement.

 

9. Liability for Breach of Contract

9.1 You understand and agree that, if your violation of the provisions of relevant laws, this Agreement and GoTen's related rules causes GoTen to suffer any loss, or receive claims for compensation from suppliers, customers, or any other third-parties, or get published by any administrative departments, GoTen shall claim for full compensation from you, including but not limited to the reasonable attorney fee, legal cost, cost of safeguard, notarial cost, etc.

9.2 Unless otherwise agreed apart from this Agreement, the breaching party shall be responsible for the settlement of any litigation, dispute, claim and penalty incurred by the non-breaching party due to its breach of the provisions, promises, guarantees or obligations in this Agreement. If any costs, additional liabilities or economic losses are incurred by the non-breaching party, the breaching party shall be liable for compensation. If one party breaches the contract, the non-breaching party may notify the breaching party in writing to stop the breach within a specified time limit and ask it to eliminate the impact. The non-breaching party shall have the right to terminate this Agreement immediately if the breaching party fails to cease the breach or eliminate the impact after the expiration of the specified time limit.

 

10. Intellectual Property

Unless otherwise agreed or otherwise stated by goTen, all intellectual property rights (including but not limited to the copyright, trademarks, patents, trade secrets, etc.) and related rights of all contents, technologies, software, processes, data and other information on GoTen (including but not limited to the text, image, picture, photo, audio, video, graphics, color, layout, electronic document) belong to GoTen. Without the written consent or permission of GoTen, you should not use (including but not limited to copying, spreading, displaying, mirroring, uploading, downloading, modifying, renting) any content on GoTen or infringe GoTen's intellectual property rights. Otherwise, you should bear all legal responsibilities.

 

11. Disclaimer

11.1 GoTen is responsible for providing "existing" and "accessible" services to you. GoTen will try the best to provide the corresponding security measures to ensure safety and normal operation of the service based on the existing technology but is unable to take the responsibilities for your loss and damage due to information network equipment maintenance, connection failure, computer breakdown, communication failure, other system failures, hacking, computer virus, power failures, strikes, riots, fire, flood, storm, explosion, war, government action, commands of judicial administrative institutions, or third-party causes. GoTen hereby doesn't expressly or implicitly guarantee the services provided on GoTen, including but not limited to the applicability, the absence of errors or omissions, the continuity, accuracy, reliability, suitability of the services for a particular purpose, and so on.

11.2 GoTen controls and provides services through facilities in the People's Republic of China, does not guarantee the control or the provided services in other countries or regions are proper and feasible, you, in any other jurisdiction, should ensure that they comply with local laws and regulations for which GoTen does not undertake any responsibility.

11.3 In any case, the third party shall be responsible for the provision of its relevant services, in connection with your use of GoTen's services, and GoTen shall not be responsible for such liability. The circumstances under which GoTen is not liable include but are not limited to:

(1) If any loss or liability caused by your abuse of the products on GoTen, including listing hijack, reselling or other unconventional operation of the products on the third-party platforms for any commercial purpose, resulting in the downgrading or banning of your third-party platform store account; meanwhile, once you are found to have any illegal behaviors like listing hijack, GoTen shall have the right to restrict your buying related products from GoTen and take measures as such;

(2) Any loss or liability is caused by your failure to operate in accordance with this Agreement or GoTen's rules;

(3) Any loss or liability is caused by the bank card that you use, including any loss or liability caused by your use of an unauthenticated bank card, the use of a bank card of someone else, the use of a credit card, freezing of your bank card, report of loss, etc.;

(4) Any loss or liability is caused because the third party, such as the bank, the third-party payment institutions, operate not in accordance with your and/or GoTen's instruction, because the third party, such as the bank, the third-party payment institutions, causes the capital to arrive untimely or fail to arrive, or because the third party, such as the bank, the third-party payment institutions, restrict the transaction amount or times;

(5) Any loss or liability is caused by the unclear, ambiguous, or incomplete instructions sent by you to GoTen;

(6) Any loss or liability results from the insufficient balance in your account;

(7) Any other loss or liability is caused by yourself.

11.4 The supplier and GoTen won't take the responsibility to postpone the delivery due to delay in delivery of the purchase order or the undeliverable package in the following circumstances:

(1) It is caused by the wrong information, unspecific address, etc. provided by you;

(2) The goods are delivered but nobody sign for the receipt, which results in delivery failure or delay;

(3) It is caused by the change of circumstances;

(4) It is caused by force majeure.

 

12. Force Majeure

12.1 In this Agreement, the term "force majeure" means, including but not limited to, war, terrorism, natural disasters (such as flood, fire, typhoon, earthquake, drought), the act of government, public health emergencies, social abnormal events, (such as riots, strikes, civil or military uprising, rebellions, etc.) or other unexpected, uncontrollable, unavoidable and insurmountable events. If the performance of this Agreement is delayed or unfulfillable due to a force majeure event, neither party shall not be deemed to have breached this Agreement and shall not be held liable for the delay or failure to perform the Agreement, but the affected party shall promptly notify the other party.

12.2 The party affected by the force majeure event shall be notify the other party in writing in 5 working days after the event happens and submit to the other party related documents issued by the government or other evidence and facts used to prove that due to the force majeure, the Agreement can't be performed or the performance will be delayed and shall take corresponding measures to reduce the effects and losses due to the force majeure event. The party declaring the force majeure event shall inform the other party in writing immediately after the end of the force majeure event.

12.3 If the impact of the force majeure event exceeds 60 days, both parties should make a friendly negotiation on whether to terminate this Agreement or not.

 

13. Notice

13.1 You agree with GoTen on delivering various notices to you in any one or more of the following ways:

(1) Announcement on GoTen;

(2) Private message or system message;

(3) E-mail, SMS, letter, etc. to you according to the contact information you've left on GoTen.

13.2 When you register as a member on GoTen and receive GoTen's services, you should provide GoTen with real and effective contact information (including your e-mail address, phone number, address, etc.). If the contact information is changed, you are obliged to update relevant information for keeping in touch.

13.3 You have the right to obtain commercial information such as advertising, promotional offers and other information of products in which you are interested through the mobile phone number or email address you filled in for the registration. If you are not willing to receive such information, you have the right to unsubscribe through the corresponding function provided by GoTen.

13.4 Delivery of notice. GoTen sends notices to you according to the contact information above, in particular, a written notice in the electronic form, including but not limited to GoTen’s announcement, SMS to the phone number, emails to the e-mail address provided by you, private messages and system messages to your GoTen account, once they are deemed to be delivered after sent successfully. A written notice given on a paper carrier shall be deemed to have been delivered on the fifth natural day after it is mailed to the provided address.

13.5 For any dispute arising from transaction activities on GoTen, you agree that GoTen and judicial authorities (including but not limited to the people's court) may serve the complaint documents and legal documents (including but not limited to litigation documents) to you by modern means of communication such as SMS, e-mail, or via mail. The phone number, email account and other contact information that you specify to receive the legal documents are the phone number and email address that you provided when registering, updating your GoTen account. The complaint documents and legal documents issued by the judicial authorities and GoTen to the above contact information shall be deemed to be delivered. The mailing address that you specify is your legal contact address or the valid contact address provided by you.

13.6 You should ensure that the provided contact information is accurate, effective and update in real-time. If the legal documents cannot be sent or not sent in time because the contact information provided by you is inaccurate or you fail to notify the change of contact information in time, you shall take the legal consequences that may arise therefrom.

 

14. Application, Jurisdiction and Other Matters of Law

14.1 The laws of the People's Republic of China shall apply to the conclusion, effectiveness, interpretation, amendment, supplement, termination, enforcement and dispute resolution of this Agreement. If there is not a related provision in the laws, please refer to business practices and/or trade practices.

14.2 Disputes arising from your use of GoTen's services and services related to GoTen shall be settled by you and GoTen through negotiation. If no agreement can be reached after negotiation, you hereby fully agree to submit the dispute or argument to the people's court in the jurisdiction where the defendant is located for settlement.

14.3 Any term in this Agreement, which is deemed to be repealed, invalid or unenforceable, is separable and doesn't affect the validity and enforceability of the remaining terms of this Agreement.

 

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