User Agreement of Buttress Roots
You (hereinafter referred to as “User”) are kindly invited to sign this Buttress Roots User Agreement(hereinafter referred to as “Agreement”) with Buttress Roots (Beijing) Technology Co., Ltd. (hereinafter referred to as “Buttress Roots”). The terms and conditions given in this Agreement apply to all kinds of service that the User receives from Buttress Roots in any form.
I. Acceptance of agreement
1.1 This Agreement is comprised of its text and all the rules that have been or will be released by and reasonably notified by Buttress Roots. All the rules are integral part of this Agreement, and have the same legal effect as the text of this Agreement.
1.2 Before clicking the “Accept” button, the User is expected to read this Agreement carefully. Please be sure to prudently read and fully understand all the terms. In case of any doubt about this Agreement, please visit Buttress Roots platform service center (website: https://www.brt-link.com) to consult its customer service staff.
1.3 The information filling, reading and accepting this Agreement and completing the whole registration process as instructed on the registration page are deemed as the complete reading, understanding and acceptance of the terms of this Agreement. In case of any objection to this Agreement or any term of this Agreement when reading this Agreement, the User shall stop the registration and the use of any service offered by Buttress Roots immediately.
II. Definitions
2.1 Buttress Roots platform: mean the business to business (“B-TO-B” for short) online information release and transaction platform (domain name: brt-link.com; the same below) operated by Buttress Roots.
2.2 Buttress Roots: mean “Buttress Roots (Beijing) Technology Co., Ltd.”, namely the operator of Buttress Roots platform.
2.3 Buttress Roots user service: mean all kinds of service offered to the User by Buttress Roots based on the Internet, including all forms of Buttress Roots platform (hereinafter referred to as “Service”).
2.4 Rules of Buttress Roots platform: mean all the rules, interpretations and bulletins, etc. that have been or will be released in the Buttress Roots (domain name: brt-link.com) as well as all the rules, implementation regulations, product and process descriptions and bulletins, etc. released by Buttress Roots through forums, help centers and other channels.
III. Scope of agreement
3.1 Signing Parties
This Agreement is signed by the User and Buttress Roots, and has the equal legal effect on the User and Buttress Roots.
3.2 Supplementary Agreement
All the legal statements, privacy policies and platform rules of Buttress Roots serve as the supplementary agreement of this Agreement, form integral part of and have the same legal effect as this Agreement. The use of any service offered by Buttress Roots is deemed as the acceptance of above supplementary agreements.
IV. Account registration and use
4.1 User’s qualification
4.1.1 The User acknowledges that at the time of completing the registration or using the service by the method approved by Buttress Roots, the User has the capacity for civil conducts applicable to the User’s behaviors. If the User has no capacity for civil conducts applicable to the User’s behavior, the User and the User’s guardians shall undertake the consequences incurred legally, and Buttress Roots shall have the right to terminate the provision of any service to the User and cancel the User’s account. If a company or other legal entity represented by the User registers on the Buttress Roots platform, the User declares and guarantees that the User has the right to make the company or legal equity bound by this Agreement.
4.1.2 In addition, the User shall be sure that the User is not subject to any trade restriction or sanction implemented by any state, international organization or region, or restricted by other laws or regulations; otherwise, the User may not do the registration or use any service properly.
4.2 Account registration
4.2.1 The User can visit the Buttress Roots platform through the email address offered by the User or by other methods approved by Buttress Roots.
4.2.2 The User’s account relates to the information of the User and the business information of Buttress Roots platform so the User’s account can be used only by the User. Without the approval of Buttress Roots, it is invalid to directly or indirectly authorize a third party to use the User’s account or acquire the information under the User’s account.
4.2.3 If Buttress Roots determines that the use of the User’s account may endanger the account safety of the User and/or the information safety of Buttress Roots platform according to the use of the User’s account, Buttress Roots may reject the provision of corresponding service or terminate this Agreement.
4.3 Account transfer
The User’s account relates to the user’s credit. The User’s account can be transferred only if clearly stipulated by the laws, decided by the judiciary authorities or agreed by Buttress Roots and in conformity with the account transfer procedure stipulated in the rules of Buttress Roots platform. Once the User’s account is transferred, all rights related to the account are also transferred. Or else, the User’s account must not be transferred in any form; otherwise, Buttress Roots has the right to investigate the violation responsibility of the User, and all the liabilities incurred shall be undertaken by the User.
4.4 identify authentication
For the better use of every service offered on the Buttress Roots platform, and for the safety of the User’s account, Buttress Roots requires the User to do the identity authentication according to the national laws and regulations.
4.5 Cancellation of inactive account
If the User’s account meets all the following conditions, the User’s login name may be canceled, and any service offered on the Buttress Roots platform requires will also terminate:
(I) Fail to do the identity authentication according to the national laws and regulations and Buttress Roots’ requirements;
(II) Fail to visit the Buttress Roots platform successively for 6 months through the User’s email address or mobile phone or by the method approved by Buttress Roots and with the password;
(II) Have no undue effective service.
4.6 Management of registration information
4.6.1 Upon completion of registration, the User shall identify itself as a supplier or engineer as instructed on the Buttress Roots platform, and complete the accurate provision and timely renewal of information, and Buttress Roots will often check and verify the User’s information legally so that the User shall provide the latest, authentic, complete and valid information.
4.6.2 If Buttress Roots cannot contact the User according to the latest information offered by the User, or the User fails to provide the information timely as required by Buttress Roots, or the information offered by the User is untrue obviously, or any administrative or judicial authority checks that the information offered by the User is invalid, the User will undertake all the losses and adverse consequences of the User, other people and Buttress Roots. Buttress Roots can send a notice of inquiry or rectification to the User, and require the User to redo the registration before the service offered by Buttress Roots to the User is partially or wholly suspended or terminated, and unless otherwise stipulated by the laws, Buttress Roots is exempted from its liabilities.
4.6.3 The login name and nickname of the User’s account shall not violate the national laws or regulations or the relevant management provisions in the rules of Buttress Roots platform; otherwise, Buttress Roots is entitled to canceling the User’s login name and nickname, and taking the relevant solutions according to the rules of Buttress Roots platform.
4.7 Account safety
4.7.1 The User’s account is set and kept by the User. Buttress Roots will not actively require the User to offer the account password at any time. Therefore, the User is suggested keeping the account properly. Buttress Roots is not responsible for any loss or consequence caused by the active account disclosure made by or the attack or fraud suffered by the User, and the User shall claim compensation from the infringer through judicial or administrative relieves.
4.7.2 Except for the fault of Buttress Roots, the User shall be responsible for the results of any behavior under the User’s account (including but not limited to online information release, product purchase or service ordering, etc.).
4.7.3 When any unauthorized use of the User’s account to visit the Buttress Roots platform or other situation that may have the User’s account stolen or lost is detected, the User shall inform Buttress Roots immediately. The User acknowledges that Buttress Roots needs reasonable time to take actions as requested by User, the actions taken by Buttress Roots as requested by the User may not avoid or prevent the forming or expanding of the consequence, and Buttress Roots bears no responsibility except for the legal fault of Buttress Roots.
V. service and specifications
The User has the right to use all the service offered on the Buttress Roots platform, including but limited to shop management, product and/or service quotation, sale and promotion, product and/or service inquiry, purchase and evaluation, supplier and/or product evaluation, recommendation, opinion release, and settlement of transaction disputes. The service offered by Buttress Roots is diversified. The User can browse the specific service on the Buttress Roots platform.
5.1 Shop management
5.1.1 By creating a shop on the Buttress Roots platform, the User can release various product and/or service information, and conduct transactions with other users.
5.1.2 The shop cannot be separated from the account so the transfer of shop is the transfer of the operator’s account in essence. The requirements and restrictions related to the shop transfer shall follow Article 4.3 “Account Transfer” in this Agreement.
5.1.3 If the User closes the shop temporarily by taking all products off the shelves, the User shall continue with the responsibilities for product delivery, dispute and compliant handling, and other guarantee of the transactions concluded before the shop is closed.
5.2 Product and/or service quotation, sale and promotion
5.2.1 With the service offered by Buttress Roots, the User is entitled to releasing the product and/or service information, making offers, soliciting and selecting the trading party and conducting transactions.
5.2.2 The User shall be sure to have the corresponding rights to the products and/or service released on the Buttress Roots platform, and not sell the following products or offer the following service on the Buttress Roots platform:
(I) Those prohibited or restricted by the state;
(II) Those infringing the intellectual properties or other legal interests of other people;
(III) Those unsuitable to be sold and/or offered on the Buttress Roots platform as clearly stated in the rules, bulletins or notices of Buttress Roots platform or the agreement signed between the Buttress Roots platform and the User.
5.2.3 The User shall abide by the good faith principle, make sure that the product and/or service information released by the User is authentic and consistent with the products and/or service actually sold and/or offered by the User, and effectively fulfill the User’s commitments during the transaction. The User shall maintain the good market competition order on the Buttress Roots platform, without debasing or defaming the rivals, disturbing any transaction or activity conducted on the Buttress Roots platform, improving or trying to improve the credit standing in any inappropriate way, or disturbing or trying to disturb the normal operation of Buttress Roots platform.
5.2.4 The User has the right to decide the product and/or service marketing and promotion methods at discretion, but the marketing and promotion conducted by the User shall meet the relevant national laws and regulations and the requirements of Buttress Roots platform.
5.2.5 The legal payment of taxes is the obligation of every citizen and enterprise so the User shall declare and pay the taxes for the sales and/or turnover in excess of the statutory exemption amount to the tax authority timely and sufficiently.
5.3 Product and/or service inquiry, purchase and evaluation
5.3.1 When inquiring a price and purchasing a product and/or service on the Buttress Roots platform, the User shall carefully check the significant details of the product and/or service to be purchased, including but not limited to the name, price, quantity, type, specification, dimension of the product or the time, content and limitations of the service, and also check the contact address, phone number, consignee and other information when making an order. The User shall be responsible for the legal consequences caused by the behavior or expression of the consignee if the consignee is not the User.
5.3.2 The User fully understands and agrees that the Buttress Roots platform is a platform specialized for commercial trades, release of supply and demand information, and information exchange among engineers, but not a customer-oriented consumption and purchase market so the inquiry and purchase of the User shall depend on the actual demands, and the behaviors that disorder the normal transaction on the Buttress Roots platform, including but not limited to malicious inquiry or purchase of any product and/or service or malicious defense of any right are prohibited. To maintain the transaction order and safety on the Buttress Roots platform, Buttress Roots can close the relevant order and take other actions actively when finding one of above situations.
5.3.3 The User has the right to evaluate the products and/or service of other user who has made a deal with the User in the evaluation system offered on the Buttress Roots platform. All the evaluations made by the User shall abide by the relevant provisions in the rules of Buttress Roots platform, and the evaluative contents shall be objective and authentic, and never contain any obscenity, pornography, vulgarity, advertisement or other information specially prohibited by the laws and this Agreement; the User shall not help others to improve their credit standing in any undue way, or use the right of evaluation to threaten, extort or racketeer other users. Buttress Roots can delete or block the evaluative information caused by the above behaviors of the User according to the relevant provisions in the rules of Buttress Roots platform.
5.3.4 If the product and/or service inquired or purchased by the User through the Buttress Roots platform is intended for export,
5.3.4.1 The User shall promise observing all the laws and regulations applicable to import and export control, trade restriction and economic sanction. When finding the User violating the above promise, Buttress Roots can stop providing the relevant service.
5.3.4.2 The User shall be sure that the User is not subject to any trade restriction or economic sanction implemented by any state, region or international organization, or restricted by other laws or regulations, and does not offer any fund, product or service to the above-mentioned restricted or sanctioned party directly or indirectly; otherwise, the User shall stop using the service offered by Buttress Roots. In addition, the User shall understand that the breach of the above provision may keep the User from proper registration or using the service offered by Buttress Roots.
5.3.5 For any commodity, service, software or technology acquired through the Buttress Roots platform, the User shall promise observing all the laws and regulations applicable to import and export control, trade restriction and economic sanction, including the sanction decisions, laws and regulations made and implemented by UN Security Council, China, U.S. and any other states. To maintain the transaction order and safety, Buttress Roots can terminate the service and take solutions actively including but not limited to closing the relevant order and disposing the account when finding the User violating the above promise.
5.4 Supplier and/or product evaluation, recommendation and opinion release
5.4.1 After completing the authentication, the User will become an engineer of Buttress Roots platform, and have the rights to objectively and authentically evaluate every supplier, purchaser and product registered on the platform, release the opinion on the interested industrial projects, and obtain the corresponding score.
5.4.2 The evaluations made by the User must be objective and authentic. The opinions released by the User must meet the main business of Buttress Roots platform, focus on the information related to industrial products, service, import and export, and never contain any obscenity, pornography, vulgarity, advertisement or other information specially prohibited by the laws and this Agreement; the User shall not help others to improve their credit standing in any undue way, or use the right of evaluation to threaten, extort or racketeer other users. Buttress Roots can delete or block the evaluative information caused by the above behaviors of the User according to the relevant provisions in the rules of Buttress Roots platform, and also deduct the related score.
5.5 Settlement of transaction disputes
5.5.1 The User can make deals with other users by the methods supported by the Buttress Roots platform and in conformity with the relevant transaction and payment rules.
5.5.2 If the User has any dispute with any other user during the transaction conducted through the Buttress Roots platform, both the User and the other user are entitled to the following solutions:
(I) Negotiate with the counterparty;
(II) Use the dispute mediating and settling service offered by the Buttress Roots platform;
(III) Complain to the competent administrative authority;
(IV) Submit the dispute to an arbitration agency according to the arbitration agreement (if available) concluded with the counterparty.
(V) File a lawsuit to the people’s court.
5.5.3 The use of the dispute mediating and settling service offered by the Buttress Roots platform in accordance with the rules of Buttress Roots platform indicates that the User agrees and is willing to fulfill the mediation and settlement decisions made by the Buttress Roots platform acting as an independent third party according to the known fact of the dispute and the rules of the platform. Before the Buttress Roots platform makes the mediation and settlement decisions, the User can select one from other above dispute solutions to terminate the dispute mediating and settling service offered by the Buttress Roots platform. In case of any objection to the mediation and settlement decisions, the User is entitled to other solutions to settle the dispute. However, the User shall perform the mediation and settlement decisions before other solution selected by the User reaches a final decision.
VI. Expenses
6.1 Buttress Roots has spent a lot in the service offered to the User. Except for the paid service clearly stipulated by Buttress Roots, the service offered to the User by Buttress Roots is free of charge at present. To claim the User for reasonable charge in future, Buttress Roots will take reasonable methods to inform the User through the legal process and by the effective method stipulated in this Agreement so that the User can execute the right to choose.
6.2 All payable taxes incurred by the User because of conducting transactions, acquiring the paid service from Buttress Roots or accessing the server of Buttress Roots, and all expenses of relevant hardware, software, communication and network service, etc. shall be undertaken by the User.
VII. Limitation of responsibilities
7.1 Buttress Roots undertakes the basic security obligation legally, but is exempted from its responsibilities for default in case of any obstacle to, defect in, delay of or content change of contract performance due to the following Force Majeure events or the fault of other third party:
(I) Natural hazard, strike, riot, war, act of government, judicial or executive order or other Force Majeure factors;
(II) Public service or third-party factors such as power supply failure and communication network failure;
(III) Regular or emergent equipment and system maintenance, equipment and system failure, network information and data safety, and other factors under the good-faith management of Buttress Roots.
7.2 Buttress Roots offers the User the service stipulated in this Agreement only. The User acknowledges that the information on the Buttress Roots platform is released by the users and may have risks and defects. Buttress Roots will establish the relevant inspection and monitoring system legally to maintain the User’s legal interests and good experience on the Buttress Roots platform as much as possible. Meanwhile, considering the huge information on the Buttress Roots platform and the separation of information from physical objects in the information network, Buttress Roots acting as an online trade platform cannot check all the products and/or service, or examine the quality, safety, validity, authenticity and accuracy of products and/or service involved in every transaction so the User shall make the cautious judgments. If any hazardous information or behavior is found, the User shall contact and complain to Buttress Roots timely, and then Buttress Roots can handle the hazardous information and behavior.
7.3 The User understands and agrees that during the dispute mediating and settling service, the customer service staff of Buttress Roots are not professional so they make judgments only according to the evidences submitted by the User and with the cognitive ability of ordinary people, and Buttress Roots does not guarantee that the dispute mediation and settlement decisions meet the User’s expectation, or bear any responsibility for the dispute mediation and settlement decisions unless specially stipulated by the laws and having the willful or gross negligence.
VIII. Protection and authorization of user information
8.1 Protection of personal information
Buttress Roots attaches high attention to the protection of personal information (namely the information that can be used separately or together with other information to identify the user) of its users. When using the service offered by Buttress Roots, the User shall agree Buttress Roots to collect, store, use, disclose and protect the personal information of the User according to the privacy policies published on the Buttress Roots platform. Buttress Roots hopes to introduce how Buttress Roots handles the personal information of the User clearly through the privacy policies so Buttress Roots suggests the User reading the privacy policies completely to assist the User in the better protection of privacy right.
8.2 Guarantee and authorization of non-personal information
8.2.1 The User declares and guarantees that the User has the appropriate and lawful rights to the released information; otherwise, Buttress Roots can delete or block the information released by the User legally or according to this Agreement.
8.2.2 The User shall be sure that the released information does not contain the followings:
(I) The information violating the prohibitive provisions of the national laws and regulations;
(II) The information related to political propaganda, feudalistic superstition, obscenity, pornography, gamble, violence, terrorism or instigation to crime;
(III) Fraudulent, false, inaccurate or misleading information;
(IV) The information infringing the intellectual properties of other people or involving the business secrets and other proprietary rights of third parties;
(V) The insulting, defaming, or threatening information, the information involving the privacy of other people, and other information damaging the legal interests of other people;
(VI) The information containing the virus, Trojan horse, crawler or other malicious software or program codes that may destroy, tamper, delete or affect the normal operation of any system of Buttress Roots platform, or acquire the data and personal information of other users on the Buttress Roots platform in private without authorization;
(VII) Other information violating the public interests or moralities or unsuitable to be released on the Buttress Roots platform according to the relevant agreements and rules of Buttress Roots platform.
8.2.3 The intellectual properties, portraiture and other rights of the User will not be transferred because the User uploads or releases the non-personal information including the texts, pictures, videos and audios formed by the use of the service offered by Buttress Roots. Unless otherwise specially stated by Buttress Roots, the User is authorized free of charge to obtain and transfer the non-exclusive rights to use (including storage, use, copying, revision, editing, release, presentation, translation and distribution of non-personal information of the User, or making the derivative works, and integrating the above information into other works with the existing or future form, media or technology) without geographic restrictions from Buttress Roots or its affiliated company to other third parties, as well as to collect the evidences and take the legal action against the infringement of any third party in the name of the User.
IX. User’s breach of contract and handling
9.1 Confirmation of default
In case of anyone of following situations, the User will be deemed as default:
(I) Violate the relevant laws and regulations when using the service offered by Buttress Roots.
(II) Violate this Agreement or its supplementary agreement.
To meet the development of E-commerce and the demands of a great number of users for effective quality service, the User understands and agrees that Buttress Roots can stipulate the procedure and standard for the confirmation of default in the rules of Buttress Roots platform.
9.2 Measures against default
9.2.1 When any information released by the User on the Buttress Roots platform is deemed as default, Buttress Roots can delete or block the released information, or take off the shelves, remove and supervise the products of the User immediately according to the relevant rules.
9.2.2 If any behavior of the User conducted on the Buttress Roots platform, or the behavior of the User which is not conducted on the Buttress Roots platform, but affects the Buttress Roots platform and its users, is deemed as default, Buttress Roots can deduct the score from the User’s account, prohibit the User from marketing activities, stop the provision of service to the User wholly or partially, deduct the default fine or take other measures according to the relevant rules. If the behavior of the User is deemed as fundamental default, Buttress Roots can close the account of the User, and terminate the provision of service to the User.
9.2.3 If the default of the User is accompanied with fraud, sale of counterfeit products, unauthorized use of the accounts of other users, or other specific situation, or has the risks endangering the transaction or account safety of other users, Buttress Roots will take the compulsory measures such as canceling the payment and stopping the payment of capital according to the risk level of the User’s behavior.
9.2.4 Buttress Roots may publish the measures taken against the above default of the User and the illegal act confirmed by the valid legal instrument by the national administrative or judiciary authority on the Buttress Roots platform.
9.3 Liabilities of compensation
9.3.1 If any behavior of the User brings any loss to Buttress Roots and/or its affiliated company, the User shall undertake the liability of compensation according to this Agreement, and compensate Buttress Roots and/or its affiliated company for their losses (if any), including:
1) Reasonable attorney’s fees, legal costs, and other necessary expenses paid to eliminate the effect;
2) External penalties, default fines or compensations paid due to any administrative punishment, judicial judgment or mediation in the scope of legal standard;
3) Other losses incurred.
9.3.2 If Buttress Roots and/or its affiliated company is subject to any third-party claim because of the behavior of the User, Buttress Roots and/or its affiliated company is entitled to claiming all the losses from the User after fulfilling the obligations (including the obligation of compensation) for the third party.
9.3.3 If the benefits of the User are damaged because of Buttress Roots’ willful or gross negligence or default, Buttress Roots will undertake the liability of compensation for the User according to the direct and actual loss of the User.
9.4 Special provisions
9.4.1 If the value of the physical object, cash, cash equivalent, labor service or tour offered by the User to the employee or consultant of Buttress Roots and/or its affiliated company exceeds the benefit of normal business negotiation, the User will be regarded as having the business bribe. In such cases, Buttress Roots is entitled to taking the relevant solutions according to the rules of Buttress Roots platform, terminating every cooperation with the User by a prior notice, and claiming a default fine and/or compensation from the User, and the amount of the fine and/or compensation will be calculated by Buttress Roots according to its economic loss and goodwill damage caused by the business bribe of the User.
9.4.2 If Buttress Roots terminates this Agreement because of the serious default of the User, Buttress Roots and/or its affiliated company may suspend the cooperation with the User under other agreement or even terminate the agreement, and also inform of the User by the effective method stipulated in this Agreement in order to maintain the platform order and protect the legal interests of other users.
X. Amendment of agreement
10.1 Buttress Roots is entitled to amend this Agreement and supplementary agreements with the changes in the national laws and regulations and to maintain the market order and protect the legal interests of its users. The amended Agreement and supplementary agreements (hereinafter referred to “Amendments”) will be disclosed to the User through the legal process and the valid notification stipulated in this Agreement.
10.2 In case of any objection to the Amendments, the User is entitled to submitting its opinion to Buttress Roots before the effective date stipulated in the Amendments. If the User’s opinion is accepted, Buttress Roots will alter the Amendments as the case may be. If the User disagrees on the Amendments that have come into effect, the User shall stop using the service offered by Buttress Roots from the effective date stipulated in the Amendments to prevent the User from being bound by the Amendments; If the User continues with the service offered by Buttress Roots after the Amendments come into effect, the User will be regarded as acceptance of the Amendments that have come into effect.
XI. Valid notification
11.1 Valid contact methods
At the time of registering as an user of Buttress Roots and accepting the service offered by Buttress Roots, the User shall provide Buttress Roots with the authentic and valid contact information (including email address, contact phone and contact address of the User), and in case of any change in the contact information, the User is obliged to update the relevant information timely and maintain the well contact.
The member account (including the sub-account) created by the User when registering as an user of Buttress Roots platform for the purpose of receiving the system messages and other instant messages from Buttress Roots platform can also be used as the valid contact method.
Buttress Roots will send various notices to one or more than one of the above contact methods of the User, and the contents of those notices may have significant positive or negative effect on the rights and obligations of the User so the User must pay close attention to those notices.
11.2 Delivery of notices
11.2.1 Among the notices sent by Buttress Roots to the User by the above contact methods, the written notices sent out in an electronic form, including the bulletins released on the Buttress Roots platform, the short messages sent to the mobile phone offered by the User, the emails sent to the email address offered by the User, and the system messages and internal messages sent to the account of the User will be deemed as delivery when they are sent out successfully; the written notices sent out in a paper form will be deemed as delivery on the 15th natural day after they are mailed out according to the contact address offered by the User.
11.2.2 For any dispute caused by the transaction activities conducted on the Buttress Roots platform, the User agrees the judicial authority (including but not limited to the people’s court) to send the legal documents (including but not limited to litigation documents) to the User through short messages, emails or other modern communication methods or mailing methods. The phone number, email address or other contact methods designated by the User for legal documents shall be the phone number, email address or other contact information offered by the User when registering on the Buttress Roots platform or renewing the registration, and the legal documents sent by the judicial authority by the above contact methods will be deemed as delivery when they are sent out. The mailing address designated by the User shall be the legal contact address of the User or the valid contact address offered by the User.
The User agrees the judicial authority to send the legal documents by one or more than one of the above contact methods. When the judicial authority sends the legal documents to the User by more than one method, the time of delivery will depend on the time when the legal documents arrive at the User first. The User agrees that the above delivery methods are applicable to all stages of judicial proceedings, including but not limited to first instance, second instance, retrial, execution and supervision.
The User shall be sure that the offered contact information is accurate and valid and is updated at real time. If the legal documents cannot be delivered at all or timely because the offered contact information is inaccurate or the changed contact information is not offered timely, the User shall undertake all the legal consequences incurred.
XII. Termination of agreement
12.1 Situations for termination of agreement
12.1.1 The User is entitled to terminating this Agreement in any of following ways:
(I) The User can cancel the account through the self-service on the website when the conditions for cancellation of account stipulated on the Buttress Roots platform are met;
(II) The User stops using the service offered by Buttress Roots, and clearly rejects the Amendments before the Amendments come into effect;
(III) The User rejects the service offered by Buttress Roots clearly, and the conditions for termination of agreement stipulated on the Buttress Roots platform are met.
12.1.2 In case of following situations, Buttress Roots can inform the User of terminating this Agreement in a valid way under this Agreement;
(I) The identity authentication of the User is invalid, or the identity of the User does not exist legally any longer or cannot be verified validly;
(II) Buttress Roots terminates this Agreement according to the default clauses because of the User’s breach of this Agreement;
(III) Buttress Roots closes the User’s account according to the rules of Buttress Roots platform because of the illegal acts of the User such as unauthorized use of the accounts of other users, release of illegal information, fraud, sale of
sale of counterfeit products, disturbing the market order, and taking the improper measures for profit making;
(IV) Besides the above situations, Buttress Roots closes the User’s account according to the rules of Buttress Roots platform because the User violates the relevant provisions in the rules of Buttress Roots platform repeatedly and seriously;
(V) The User’s account is withdrawn by Buttress Roots according to this Agreement;
(VI) The User has any fraudulent behavior, releases or sells the counterfeit, fake or infringing products, or infringes the legal interests of other person, or otherwise violates the laws and agreements seriously on the Buttress Roots platform;
(VII) On the reasonable grounds, Buttress Roots believes that the User’s behavior may bring the serious damage or legal liability to the users or other related parties of Buttress Roots platform;
(VIII) Other situations enabling the termination of service.
12.2 Solutions after Termination of Agreement
12.2.1 Unless clearly stipulated by the laws, Buttress Roots is not obliged to disclose any information under the User’s account to the User or any third party appointed by the User after this Agreement terminates.
12.2.2 After this Agreement terminates, Buttress Roots will still have the following rights:
(I) Continue to keep various information saved by the User on the Buttress Roots platform.
(II) Continue to hold the User responsible for the previous default behaviors according to this Agreement.
12.2.3 After this Agreement terminates, for every transaction order made by the User during the term of this Agreement, Buttress Roots can inform the the counterparty, and decide whether to close the order according to the willingness of the counterparty; if the counterparty requires further fulfillment of the order, the User shall continue with this Agreement and the transaction order for the related order, and bear all the losses or increased costs incurred.
XIII. Links
The Buttress Roots platform or third parties can provide the links available to connect other WWW websites or resources which are not under the control of Buttress Roots so the User understands and agrees that Buttress Roots is not responsible for the availability of such external websites or resources, does not accept any content, advertisement, product, service or other material offered on or obtained from those websites or resources, and bears no responsibility for them. The User further understands and agrees that Buttress Roots is not responsible for any direct or indirect loss caused (or claimed to be caused) by the use of or reliance on the content, advertisement, product, service or other material obtained from those websites or resources except for the losses that shall be undertaken by Buttress Roots as clearly stipulated by the laws.
XIV. Applicable laws, jurisdiction and others
14.1 The laws of of the People's Republic of China apply to the effect, interpretation, modification, execution and dispute settlement of this Agreement; in case of no applicable laws, the commercial and (or) industrial practices shall be followed.
14.2 Unless otherwise stipulated by both parties, the User agrees that Buttress Roots has the right to transfer the rights and obligations under this Agreement wholly or partially according to the business demands, and take the reasonable measures to inform the User through the legal process and in the valid way stipulated in this Agreement in ahead of time.
14.3 Any dispute caused by or in connection with this Agreement or the service offered by Buttress Roots shall be negotiated between Buttress Roots and the User. If the negotiation fails, either party is entitled to filing a lawsuit to the local people’s court of the defendant.
14.4 If any article of this Agreement is deemed invalid or unenforceable, this article shall be canceled, but other articles shall still be followed and executed. The title of every article is used only for convenient reference, and does not define, restrict, explain or describe the scope or extent of the article in any way. The failure of Buttress Roots to take actions against a default of the User or any other person is not deemed to constitute the Buttress Roots’ waiver of the right to take actions against the subsequent or similar default event.