"trademark.witmart.com" (hereinafter referred to as the “Site”) provides its service pursuant to the terms and condition under the "Service Agreement of trademark.witmart.com " (hereinafter referred to as the "Agreement”), which has the force and effect in law of a binding contract. Upon registering with the Site, you shall review the Agreement and shall indicate your acceptance or non-acceptance of the terms and conditions thereof. (A minor registering with the Site shall review the Agreement together with his/her legal guardian.)
By becoming a registered user of the Site, you have indicated that you have thoroughly read and understood the Agreement, and voluntarily agreed to enter into this Agreement with the Site and to be bound by the terms and conditions of this Agreement. The Site reserves the right to amend the Agreement from time to time upon posting on the Site a public notice of such amendment. The amendment to the Agreement shall become effective immediately upon the posting of such notice. If any such amendment is not agreeable to you, then you shall cease any usage of the Site. By proceeding to continue using the services provided by the Site, you have irrevocably accepted and voluntarily agreed to be bound by such amendment. This Agreement includes the terms and conditions provided herein, and any and all rules published by the Site. All such rules shall form an indispensible part of this Agreement and have the same force and effect in law as the terms and conditions provided herein.
Article 1 User Qualifications ：
1. Only a person (natural person or legal person) meeting one of the following conditions may apply to become a registered user of the Site and be permitted to use the services of the Site.
A. A natural person who is at least eighteen years of age with full capacity and the full rights, powers and privileges of a natural person;
B. A natural person without full capacity or full rights, powers and privileges of a natural person who has received consent of his/her legal guardian;
C. An agency, enterprise, association or any other organization that is constituted and continues to exist under the laws, statutes and regulations of the People's Republic of China. An agreement between the Site and a user of the Site that is an organization, which is not a legal person or has been improperly or illegally constituted, is void; upon discovery of such by the Site, the Site has the right to immediately terminate any and all services to the user and to pursue against the user for any and all remedies available under the law in respect of the use of the services of the Site.
2. The user shall provide the correct address and telephone number and shall provide the correct legal name.
Article 2 Rights and Obligations of a User
1. In accordance with this Agreement and all relevant rules as published by the Site, a user has the right to participate in all relevant activities of the Site and is entitled to receiving other relevant information services provided by the Site.
2. The user shall be solely responsible for his/her user account and its password(s), and shall be liable for any and all activities conducted with the user account when the correct password is used, (including without limitation providing consent to any agreement, rules, etc. through clicking while using the Site). In respect of his/her user account, the user has the right to change the login password and the cash withdraw password. The user shall be solely liable for any and all loss arising from the fault of the user, which includes without limitation, any failure to follow the instructions for making the application, any failure to promptly making the application, any password that is forgotten or improperly disclosed by the user, any password that is compromised by a third party, any incident of the user's computer being compromised by a third party.
3. The user shall provide to the Site correct information for the purposes of registering with the Site, which includes without limitation, correct legal name, personal identification number, telephone number, address, postal code etc. and ensure that the user may be contacted by the Site using the above information. In addition, when there is any change to the relevant information above, the user shall promptly update such information for the purposes of registering with the Site.
4. The user shall not transfer the user account registered with the Site or authorize any third party to use such account in any manner or form whatsoever.
5. The user shall ensure that any information that the user published on the Site is true, accurate and not misleading.
6. When publishing information on the Site, the user shall not contravene the laws, statutes and regulations of the People's Republic of China, infringe intellectual property rights or any other legitimate rights of a third party, disregard public interest or public morality, or contravene relevant rules of the Site.
7. In making an application through the Site, the user shall act honestly and in good faith, and shall not unduly interfere with the ordering of applications in the Site by any means that constitutes unfair competition or engage in any conduct that is inappropriate and irrelevant to the submission of the application.
8. The user shall not use bank card(s) in contravention of "the Measures for the Administration of Bank Card Transactions", or use credit card(s) in any activity that constitutes unlawful cashing-out (hereinafter refer to as "Cashing-out").
9. The user warrants that all conducts of the user when using the Site would be in compliance with all laws, statutes and regulations of the People's Republic of China, and all relevant rules of the Site, and abiding by all public interest or public morality. The user further agrees to be solely and independently liable for any and all liabilities resulting from any contravention of the above warranty without recourse.
10. Without prior written consent of the Site, the user shall not employ any material of the Site or any information on the Site for commercial purposes, including without limitation, to create derivative work by means of copying, editing and/or translating such material or information, distributing any such material or information or publicly display such material or information)
11. The user shall not log onto the Site or compromise any service provided by the site through:
A. Accessing or logging into the Site through any robot software, spider software, crawler software, scraper software or any other automatic means;
B. Engaging in any conduct, through any means whatsoever, that results in or that is reasonably foreseeable to result in unreasonably or disproportionally heavy load onto the internal structure of the Site.
C. Engaging in any activity, through any means whatsoever, to interfere or to attempt to interfere with the proper functioning of the Site or any activity carried through the Site.
12. The user agrees to receive all information from the Site, which includes without limitation information for activities, application and promotions etc.
Article 3 Rights And Obligations of The Site:
1. The Site shall take reasonable efforts within the bounds of the currently available technology in ensuring the proper functioning of the overall online exchange platform, and make best efforts to avoid service disruptions and to minimize the time of service disruption, if any should arise.
2. The Site shall promptly respond to all questions, concerns or feedbacks relevant to trademark registration from the user which arise in the process of making applications under and using the Site.
3. The Site has the right to review the registration information of the user, and regarding any registration information with issues or concerns, make relevant inquires by notifying the user and require the user to provide explanation and/or perform corrective actions.
4. Due to the unique nature of an online information platform, the Site is not obliged to conduct prior review of all users. Nevertheless, upon the happening of any one or more of the following events, the Site may restrict the activities that the user may conduct through the Site without prior consent of the user, require the user to verify relevant information, issue notices of warning, and temporarily or permanently suspend, or refuse providing services to the user:
A. The user contravenes any term or condition of this Agreement or any rules incorporated hereto by reference.
B. The Site is notified by an existing user or any third party, of illegal or improper conducts of the user substantiated with relevant proof, and the Site is unable to contact the user to verify or authenticate any information provided by the user to the Site.
C. The Site is notified by an existing user or any third party, of illegal or improper conducts of the user substantiated with relevant proof, and after reviewing the relevant information, it is plain and obvious that such information and/or conducts of the user may lead to financial damages or legal liabilities to the Site or its user.
5. If any conduct of the user may be determined to violate of the law, contravene this Agreement or constitute other improper conducts in using the online platform of the Site with reference to the laws, statutes and regulations of the People's Republic of China, the terms and conditions of this Agreement and any other factual proof in the custody or control of the Site, then the Site may disclose such conduct of the user by means of online publication on both the online platform and the website of the Site without prior consent of the user, and may, at any time, take actions against such conduct, such as deleting relevant information, terminating services etc.
6. The Site may, without providing prior notice to the user, delete or take other restrictive actions against the following information: Information with fraudulent or malicious content, such as information that is intended to be used to defraud others; information that contravenes public interests; and information that may severely damage legitimate interests of the Site and/or its users.
Article 4 Suspension and Termination of Service
1. The Site may unilaterally terminate its service to the user for any reason whatsoever (such reason includes without limitation the Site determining the user to be in contravention of the form and/or substance of this Agreement and relevant rules, the user having not logged onto the Site for more than 180 days etc.), and may retain, for a period of two year, any and all information available at the Site pertaining to the user (such information includes without limitation user information, application information etc.) In addition, the Site may unilaterally, with or without prior notice, terminate its service or any part thereof. Upon the termination of service, the Site is not obliged to the use to keep any information in the user's account or any other information relevant thereto, or to forward any unread or unsent information to the user or any third party.
A. the Site may retain all information in respect of the user, with the time period provided in the laws, statutes and regulations of the People's Republic of China, including without limitation user information, application information etc.;
B. Despite the termination of service, the Site may pursue its relevant rights and remedies under this Agreement in respect of any conduct on the part of the user in violation of the law or in contravention of this Agreement that exists prior to the termination service.
3. Upon the inception of any of the following events, the Site may terminate its service to the user:
A. If there is any conduct on the part of the user in violation of the law or in contravention of this Agreement, the Site may terminate its service to the user. If the user is registered as a user of the Site directly or indirectly or in the guise of another person after such termination, then the Site may unilaterally terminate its service to the user;
B. If any application information of the user is found to be untrue, the Site may, at any time, terminate its service to the user;
C. Upon the termination or renewal of this Agreement, the user fails to confirm any successive agreement;
D. Any other circumstances where the Site determines termination of service to be of necessity.
Article 5 Scope of Liability of the Site
Upon accepting this Agreement, the user shall clearly and unequivocally understand and agree that:
1. The Site may not foresee at all time all possible technical issues and other difficulties. Such issues and difficulties may result in loss of data or other service interruptions. The service provided by the Site is provided based on currently available technology. The Site does not warrant the following terms:
A. The Site meets all requirements of the user;
B. the Site may not be interfered, is capable of promptly providing services, is safe and reliable or is free of errors or mistakes;
C. The right to use the service is acquired in a correct or reliable manner.
2. The user shall make decision voluntarily in, and evaluate any risk associated with and be solely responsible therefore, downloading or obtaining any material from the Site. The user is wholly responsible for any and all damages to computer systems and/or loss of data as a result of downloading any such material. The user is expected to use reasonable care and common sense when using the Site;
3. An advice or information obtained by the user through the Site, in any form or manifestation whatsoever, does not constitute a warranty under this Agreement unless explicitly provided to be so in this Agreement;
4. The Site is not liable for any direct, indirect, ancillary, special, consequential or punitive damages (even if the Site is notified of the probability of such damages) arising from losses of profit, reputation, use or any other intangible loss by reason of the following:
A. Usage of the Site or any inability to use the Site;
B. Data transmitted by the user or any material of the user being accessed or changes without authorization;
C. Any statement or conduct of any third party under the Site;
D. Other relevant matters to the Site.
5. The sole purpose of the Site is to provide a platform for the user in respect of trademark application services. The Site does not warrant the legality, truthfulness or quality of the application published by the user nor the ability of the user to fulfill the terms of its application;
6. The Site may provide links to other websites or resources, and the user may, as a result of accessing such a link, be connected to the website of another service provider, but the fact of the user being connected to websites of another service provider is not indicative of the Site having any relationship with such service providers. Each of the other service providers is solely responsible for its respective website, such that such a website is not under the control or within the scope of responsibility of the Site. The Site does not provide any warranty and is not in any way responsible for any contents, advertisements, goods and other materials existing in or originating from such websites or resources. The Site is not liable, directly or indirectly, for any loss or damage as a result of using or relying on any contents, goods or services published through or obtained from such website or resources.
Article 6 Intellectual Property Rights
1. The Site and any and all of software, computer codes or content that is relevant to and used by the Site, including without limitation literary creations, pictures, records, materials, website structures, website layout, website design, advertisement or information that is presented through the Site or advertisers, is subject to intellectual property rights as protected under the law, the ownerships of which resides with the Site and/or other third party owners, including without limitation copyright, trademark, patents and other exclusive rights.Without explicit authorization of the Site and/or the relevant third party owners, the user shall not modify, make available for rent, lease or sale, or distribute any of the above materials and resources of the Site and/or the relevant third party owners, or create a product of any kind whatsoever on the basis of the foregoing materials or resources;
2. The Site hereby grants the user a non-transferrable and non-exclusive right of use, permitting the user to use the object code of the Site (hereinafter referred to as the "Software") through a single, stand-alone computer, but the user shall not copy, modify, create derivative work, reverse engineer, disassemble, or otherwise decipher or attempt to decipher the source code, make the Software available for sale, assignment or sublicensing, or otherwise transfer any right associated with the Software, and shall not permit any third party to do so. The user agrees not to modify the Software by any means whatsoever or use any software arising from such modifications being made to the Software;
3. The user shall not use the Site through an interface that is not provided by the Site.
Article 7 Privacy Right
Use of Information:
A. Unless with prior consent of the user, the Site agrees not to make the personal or enterprise information of the user available for sale or lease to anyone;
B. The Site does not permit any third party to collect, compile, make available for sale or distribution free of charge the personal or enterprise information of the user by any means whatsoever. Upon the discovery of the user engaging in any such foregoing activities, the Site may immediately terminate this Agreement with the user and close the relevant account.
2. Disclosure of information: All personal or corporate information of the user or a part thereof may be disclosed under the following circumstances:
A. The user consents to such disclosure to a third party;
B. If the user has legitimate rights regarding the usage of intellectual property and has lodged a complaint related to such right against an infringer, and the infringer has made a request for disclosure, then such disclosure may be made to the infringer to facilitate the resolution of potential dispute;
C. Disclosure made to a third party, or an administrative or judicial governmental institution in accordance with the law or as required by administrative or judicial governmental institution;
D. It is necessary to make such disclosure upon circumstances where the user has contravened the law or the rules of the Site;
E. It is necessary to make sure disclosure to a third party in order to provide the user with the requested goods and/or services;
F. Any other circumstances where the Site considers such disclosure to be appropriate by reference to the law or the rules of the Site.
3. Security of Information
A. When using the services of the Site to make online applications, the user shall properly protect personal or corporate information and only disclosure such information to a third party when such is necessary given the circumstances;
B. Upon the user discovering that the personal or corporation information has been compromised, especially when the user account or payment account management and its password has been compromised, the user shall immediately contact the customer service of the Site such that the Site may take appropriate action in response.
Article 8 Force Majeure
Neither party to this Agreement is liable under this Agreement upon the happening of such an event that is beyond reasonable control rendering the performance of this Agreement impossible, unnecessary or moot.
For the purpose of this Agreement, an event that is beyond the reasonable control is one that is objectively unforeseeable, unavoidable and insurmountable, which includes without limitation war, typhoon, flood, fire, lightning, earthquake, strike, riot, statutory sickness, hacker attacks, computer viruses, sanction of telecommunications technology control bureau, governmental action or any other act of God or man-made disaster etc.
Article 9 Confidentiality
The parties to this Agreement both warrant that to keep confident any and all documents and materials regarding the other party (including without limitation trade secrets, company plans, operational activities, financial information, technological information, business information and other business secrets) that are obtained in the negotiation, execution and performance of this Agreement and that are unavailable in the public domain. Without prior consent of the party from whom the documents and materials originated, the other part shall not disclose to any third party such business secret (documents and materials) or any part thereof, except when such is otherwise required by the laws, statues and regulations or otherwise agreed upon by the parties.
Article 10 Dispute Resolution
1. The validity of, performance of and all matters relevant to this Agreement and its rules are governed by the laws of the place where the Site is registered; any and all dispute must be resolved under the laws of the place where the Site is registered;
2. The Site and its Integrity Commission may accept and mediate any dispute arising from any application for service and may unilaterally make independent assessment regarding the validity of any compliant or claim against the user. For a valid claim against the user, the Site may remedy such claim by making payments out of the security deposit made by the user. The Site is not obliged to use its own funds to remedy a claim, but if the Site uses its own funds to remedy a claim against the user, the user shall promptly indemnify the Site for any and all of its resulting loss, otherwise the Site may use the aforementioned method to set-off against the relevant fund or interests, if such is insufficient to remedy the loss, then the Site reserves the right to further pursue against the user. Due to the fact that neither the Site nor the Integrity Commission is a judicial entity, the user hereby fully understands and acknowledges that the Site and the Integrity Commission are limited in its ability to evaluate proof and resolve dispute, accept the dispute related to the application entirely as a result of the user's request, do not warrant to resolve the dispute in a manner that is satisfactory to the user, and the Site has right to decide whether to mediate a dispute;
3. Any dispute arising from or in connection with this Agreement and its rules shall be resolved by negotiation. If negotiation cannot resolve the dispute, the party agrees to submit the dispute for arbitration with the relevant arbitration tribunal and abide by the arbitration rules of such arbitration tribunal.