PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
1.Application and Acceptance of the Terms
- You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with TOMTOP.com, or (b) you are not permitted to receive any Services under the laws of United Kingdom or other countries / regions including the country / region in which you are resident or from which you use the Services.
- You acknowledge and agree that TOMTOP.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
- If TOMTOM.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
- You may be required to enter into a separate agreement, whether online or offline, with TOMTOP.com or our affiliate for any Service ("Additional Agreements"). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
- The Terms may not otherwise be modified except in writing by an authorized officer of TOMTOP.com.
- As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
- You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the "Site Content"), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with TOMTOP.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from TOMTOP.com is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
- TOMTOP.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web site. You are cautioned to read such web site' terms and conditions and/or privacy policies before using the Site. You acknowledge that TOMTOP.com has no control over such third parties' web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
- You agree not to undertake any action to undermine the integrity of the computer systems or networks of TOMTOP.com and / or any other User nor to gain unauthorized access to such computer systems or networks.
- You agree not to undertake any action which may undermine the integrity of TOMTOP's feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
- By posting or displaying any information, content or material ("User Content") on the Site or providing any User Content to TOMTOP.com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to TOMTOP.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to TOMTOP.com that you have all the rights, power and authority necessary to grant the above license.
- User must be registered on the Site to access or use some Services (a registered User is also referred to as a "Member" below). Except with TOMTOP.com's approval, one User may only register one member account on the Site. TOMTOP.com may cancel or terminate a User's member account if TOMTOP.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, TOMTOP.com may reject User's application for registration for any reason.
- Upon registration on the Site, TOMTOP.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
- A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member's own business entity. Member agrees to notify TOMTOP.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
- Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
- Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to TOMTOP.com or other Users of the Site. Member shall indemnify TOMTOP.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member's failure to maintain the security of your account, TOMTOP.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member's account without liability to Member.
- Users are hereby made aware that there may be risks of dealing with people acting under false pretences. TOMTOP.com uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Site. However, because user verification on the Internet is difficult, TOMTOP.com cannot and does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
- Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that TOMTOP.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks. At last, all of the products display on TOMTOP.com, will meet the legitimate demands of compliance.
- User agrees to provide all information and materials as may be reasonably required by TOMTOP.com in connection with your transactions conducted on, through or as a result of use of the Site or Services. TOMTOP.com has the right to suspend or terminate any User's account if the User fails to provide the required information and materials.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY TOMTOP.COM ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", AND TOMTOP.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOMTOP.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; TOMTOP.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND TOMTOP.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
- Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to TOMTOP's computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from TOMTOP.com or through or from the Site shall create any warranty not expressly stated herein.
- Each User hereby agrees to indemnify and save TOMTOP.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save TOMTOP.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to TOMTOP.com, including but not limited to those set forth in Section 5 hereunder.
- Each User hereby further agrees to indemnify and save TOMTOP.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that TOMTOP.com is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. TOMTOP.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with TOMTOP.com in asserting any available defenses.
- TOMTOP.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
- the use or the inability to use the Site or Services;
- any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
- unauthorized access by third parties to data or private information of any User;
- statements or conduct of any User of the Site;
- any matters relating to Services however arising, including negligence.
- The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not TOMTOP.com has been advised of or should have been aware of the possibility of any such losses arising.
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of TOMTOP.COM or its content suppliers and protected by international copyright laws. The use of any TOMTOP.COM trademark or service mark without our express written consent is strictly prohibited.
Under no circumstances shall TOMTOP.com be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- Subject to any Additional Agreements, the Terms constitute the entire agreement between you and TOMTOP.com with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
- TOMTOP.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
- If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- TOMTOP.com's failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of TOMTOP.com's right to act with respect to subsequent or similar breaches.
- TOMTOP.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of TOMTOP.COM). You may not assign, in whole or part, the Terms to any person or entity.
- Any dispute relating in any way to your visit to TOMTOP.COM or to products or services sold or distributed by TOMTOP.COM or through TOMTOP.COM shall be submitted to CIETAC, United Kingdom Sub-Commission for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The number of arbitrators shall be one; The place of arbitration shall be United Kingdom; The language to be used in the arbitral proceedings shall be Chinese.The arbitral award is final and binding upon both you and TOMTOP.