Welcome to thomasholten.com. thomasholten.com is an e-commerce online marketplace (the “Platform”) independently developed and operated by thomasholten.com. When you use any of the services on the thomasholten.com site, including but not limited to connecting to, accessing and browsing the Platform, or using the Services to members of the Platform, You must comply with this Agreement (the “Agreement”) between you or the business you represent (” You “) and thomasholten.com’s applicable affiliate (” us “or” us “).
In addition to the terms of this Agreement, rules, notices, agreements and other policies that have been published or may be published on the Platform in the future also form an integral part of this Agreement and have the same legal effect as the terms of this Agreement.
The Platform may modify the Terms from time to time and post such modifications on the Platform without notice to you. The changes will take effect immediately upon Posting to the Platform. If you do not agree to the modification, please stop using the Service immediately. If you continue to use the Service, you will be deemed to have accepted the modifications to this Agreement, and in the event of any dispute between you and us, the modifications to this Agreement will prevail. These Terms may not be modified unless amended in writing by an authorized person of thomasholten.com.
When registering as a member of the Platform, accessing, browsing or otherwise using the Service on the Platform, clicking to accept these Terms means that you have fully read, understood and accepted all terms and conditions of this Agreement, and further undertake to perform in accordance with this Agreement. This agreement shall come into force upon your acceptance.
Please read this Agreement carefully before proceeding.
1. Member registration
. By filling in the blanks on the registration page, reading and accepting this Agreement, or completing the entire registration process on the Platform, you are deemed to be a Member of the Platform (” Member “). You acknowledge that at the time of completion of the registration process or use of the Service in a manner permitted by the Platform, you are a natural person with civil capacity and civil capacity, or a legal person or other legal entity duly incorporated and legally existing under applicable civil law. If you do not meet the above conditions, please do not use the Service, otherwise all consequences arising therefrom will be borne by you and/or your guardian. The Platform further reserves the right to cancel (freeze) your account and claim compensation from you and your guardian. If you are a company or any other legal person or organization, you represent and warrant that you have authorized a natural person to operate on the Platform on your behalf and bear the legal consequences and liabilities associated with the Platform.
When you complete the registration or activation process, you should provide accurate information on the corresponding page in accordance with the requirements of relevant laws and regulations, and timely update to ensure that the relevant information is true, timely, complete and accurate. You shall indemnify and hold the Platform harmless from any loss or damage caused to the Platform as a result of your information being incorrect, inaccurate, outdated or incomplete.
You are responsible for maintaining the security and confidentiality of your account name, nickname and password and are fully responsible for all activities related to such account name, nickname and password, including but not limited to the publication, disclosure or submission of information. Unless required by applicable law or judicial authorities, you may not rent, borrow, transfer, provide or transfer your account name, nickname and password to any third party in any way without the consent of the Platform.
You understand that in the event of any unauthorized use of your account name, nickname, password or any other breach of confidentiality, we will take a reasonable amount of time to respond to your request, and therefore we will not be liable for consequences (including damages) that have occurred before any action is taken.
2. Platform service
You may use the Platform services provided by thomasholten.com and/or its affiliates to search for product and service information, conduct online transactions, post reviews, rate other members, participate in Platform events, and use any other information and technical services provided on the Platform. We reserve the right, without prior notice, to restrict access to or use of certain Services by certain members under such conditions as may be determined at the sole discretion of the Platform. Unless otherwise agreed in writing, we will be considered a third party in any transaction on the Platform and will not be involved in any legal relationship or legal dispute arising between members.
There is no guarantee or representation that all members will have access to the same type and scope of services or their features and functions. The Platform may, in its sole discretion, restrict, deny or set different levels of access and use of any Service for different members.
In order to provide you with a comprehensive and personalized service, the Platform will send system messages, transaction updates, web content recommendations, fund changes to the phone number you have left on the Platform. By accepting this Agreement, you agree to receive the above information. If not, you can unsubscribe. The platform may also analyze member data and provide you with information that may be of interest to you; Display your personalized advertising messages from any third party; Share your information with partners and other members of the platform to help them have the most convenient trading experience.
We do not guarantee that the Platform will not be affected by any outages or failures or the effects of the use of the Platform. You agree to be solely responsible for losses caused by unexpected interruptions, operational or transmission delays, computer viruses, network connection failures and unauthorized access.
3. Use of platform
Subject to these Terms, we hereby grant you a limited, revocable, non-transferable, non-exclusive license to access and use the Platform solely for the purchase of legitimate products and/or services sold on the Platform, and not for any other purpose, unless expressly permitted in advance by us and/or our affiliates. Any breach of this Agreement will result in the immediate revocation of the license granted under this section without notice.
You may not display, copy, sell, distribute, lease, modify, transmit, create derivative works from, translate, reverse engineer, disassemble, decompile or otherwise exploit the Platform, or use the information provided on the Platform for any commercial purpose, except with the prior express written permission of thomasholten.com and/or its affiliates. We reserve the right, in our sole discretion, to refuse service, terminate accounts and cancel orders, including but not limited to, if we believe a member’s conduct violates applicable law or is detrimental to our interests.
You are responsible for the authenticity, accuracy, immediacy, completeness and legality of the information, comments and evaluations (hereinafter referred to as “your information”) published or published by you through the Platform, including but not limited to the privacy and business information published in the form of text, pictures, videos, etc. You agree and warrant that your information and any items traded on the Platform:
(1) does not violate any laws, regulations, regulations or regulations (including but not limited to laws, regulations or regulations regulating export management, licensing, trade quotas, consumer protection, unfair competition or false advertising), this Agreement and relevant rules; Or infringe the property rights or Copyrights, patents, trademarks, trade secrets or other intellectual property rights of any third party;
(2) not directly or indirectly connected with or containing prohibited goods or services; Contains obscene or any child pornography; Or contains information which the Website and/or its affiliates judge to be prohibited or deemed inappropriate for advertising or transactions;
(3) Does not contain viruses, computer worms or other computer programs that attempt to intentionally destroy, interfere with, secretly intercept or encroach upon any system, data or personal data; or
(4) does not contain defamatory (including commercial defamation), derogatory statements about religion, race or gender, unlawful harassment or intimidation, or unlawful content; Use the Service in any chain letter, spam email, junk email, or any other duplicate or redundant information; Use the Service to collect email addresses and other information of any other member without the permission of such member; Or use the Service to forge E-mail addresses or otherwise attempt to mislead others as to the identity of the sender or the source of the information.
If we believe that your information may give rise to any legal or moral liability to the platform, or the Platform suffers loss and damage as a result of your information, we have the right, in our sole discretion, to take any necessary or appropriate action with respect to your information, including but not limited to deleting such information. You hereby warrant that you own all title and interest in your information submitted to the Platform, including all intellectual property rights. You further acknowledge that the Site is not responsible for identifying or determining which of your information is protected and will not be responsible for other members’ use of your information. You shall be solely responsible for all legal liabilities and warrant that the Platform shall not be liable for any claims against third parties resulting from your alleged breach of this Warranty.
If the judicial authorities determine that you have violated the law or violated this Agreement with valid legal documents, or the Platform has the right to announce your illegal acts or violations of this Agreement online in its sole judgment, and the Platform has the right to impose appropriate sanctions on you, including but not limited to restricting rights and terminating the provision of services.
If you breach this Agreement or any other agreement with any thomasholten.com affiliate, thomasholten.com and/or its affiliates have the right to do so by notifying other thomasholten.com Platform affiliates in any form, Require such affiliates to take restrictive measures that harm your interests. Similarly, thomasholten.com and/or its affiliates have the right to immediately take restrictive measures with respect to your account in the manner you have made in the warranties, if you breach any warranties confirmed by thomasholten.com affiliates with respect to thomasholten.com affiliates. This includes, but is not limited to, suspension or termination of the provision of services, and publication of confirmed breaches. You understand and agree that thomasholten.com and/or its affiliates are under no obligation to verify with you or otherwise seek your consent for identified violations, and you further agree that thomasholten.com and/or its affiliates are not responsible for such restrictions or their publication in any form.
Fourth, platform trading
Through the Platform, we provide an e-commerce online marketplace for the exchange of information, offering, accepting, concluding, and managing orders for the provision of products and services between members of the Platform (” Purchasers “and” Suppliers “). Please note that for any service, thomasholten.com and/or its affiliates do not represent suppliers or buyers in particular transactions. Although the platform provides return and exchange services, we and the Platform only play the role of intermediary and information transfer. The Platform has no control over, and is not responsible or liable for, the quality, safety, legality or availability of products or services sold on the Platform, or the ability of suppliers and purchasers to fulfill orders. We recommend that you strictly examine whether the transaction information is true, legal and accurate, the quality, safety or legality of the items involved, and the ability and eligibility of the parties to the transaction to fulfill the obligations of the sale and purchase Agreement. We remind you to trade carefully, pay attention to the prevention and control of fraud and other possible risks.
Buyer and Supplier bear the risk of any purchase or sale transaction in connection with or through the Platform or Services and all liability or risk of damages arising out of or in connection with any subsequent activity in connection with the underlying products or services traded on the Platform. (Collectively, the “Transaction Risk”). thomasholten.com and/or its affiliates shall not be liable for any damages, claims, liabilities, costs, damages, inconvenience, business interruption or expenses that may arise out of or in connection with any transaction risk.
Buyer and Supplier are solely responsible for entering into and performing agreements with respect to their transactions using the Platform or Services, through the Platform or Services, or as a result of their use of the Platform or Services, including but not limited to terms relating to payment, returns, warranties, transportation, insurance, fees, taxes, title, licenses, permits, processing, transportation and storage. If you have a dispute with the other party to the transaction, You agree to release and indemnify thomasholten.com(and its agents, affiliates, directors, officers and employees) from and against all claims, demands, actions, proceedings, costs, expenses and damages (including, without limitation, any actual, special, incidental or indirect damages) arising out of or in connection with such dispute or transaction.
Pricing of products sold on the platform is based on figures calculated in US dollars (US$). The price displayed on a single product page, regardless of currency denomination, is the current price you are responsible for paying.
You agree to provide all information and materials that the Platform may reasonably request in connection with transactions conducted using the Platform or Services. If you fail to provide the required information and information, we reserve the right to suspend or terminate your account without liability for any loss or damage arising out of or in connection with such suspension or termination.
V. Grant of license
You fully understand and hereby agree to irrevocably grant thomasholten.com and/or its affiliates the following rights:
You agree that we have a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and complete license and sub-license to use, modify, adapt, publish, reproduce, translate, create, in part or in whole, a work from, performed and displayed, and to post information of your choice in the publicly available areas of the Platform, Including, but not limited to, text, images and videos, incorporated into any other known or future developed works, media or technology.
Except as otherwise provided in this Agreement or the Platform, any content you submit or post to the Platform and/or provide to us, including but not limited to ideas, know-how, techniques, questions, comments, comments, and suggestions (collectively, “Submissions”) is and will be deemed non-confidential and non-proprietary, and by submitting or Posting, You agree to irrevocably license the entry and all intellectual property rights associated with it (excluding moral rights such as copyright) free of charge to thomasholten.com and/or its affiliates, And thomasholten.com and/or its affiliates will have a royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, reproduce, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such submissions in any manner and in any form, As well as translate, modify, reverse engineer, disassemble or decompile these submissions. All submitted works automatically become the exclusive property of thomasholten.com and/or its affiliates and cannot be returned to you, and you agree not to raise any dispute in the future regarding thomasholten.com and/or its affiliates’ use of the works.
You warrant that all or part of your submission is clear and free from any intellectual property infringement, dispute or third party claim. thomasholten.com and/or its affiliates shall not be liable for your misuse of the copyright or any other rights of third parties. You further undertake to defend thomasholten.com and/or its affiliates against and indemnify them for any damages resulting from the use of the entries.
Compensation and relief
For any damages or claims by any third party or competent administrative or judicial authority against thomasholten.com, its subsidiaries, partners, affiliates, branches, directors, employees and agents that may arise out of or in connection with your breach of this Agreement or any other instrument contained herein by reference, You agree to fully indemnify and hold harmless thomasholten.com, its subsidiaries, partners, affiliates, branches, directors, employees and agents. For violating the legal rights of thomasholten.com and/or its affiliates and any third party, or for violating applicable law, may be subject to administrative or criminal sanctions, including litigation costs and any other professional services fees.
You agree that thomasholten.com’s remedies at law are insufficient for any actual or potential violation of this Agreement, except for any damages thomasholten.com and/or its affiliates may be entitled to by law, and reasonable costs of any form of dispute resolution, including, but not limited to, attorneys’ fees. thomasholten.com has the right to seek injunctive performance or injunctive relief, or both. The instance in which thomasholten.com and/or its affiliates waive their rights or remedies under this section does not imply an obligation to grant any similar, future or other waiver.
West. Attention please
You should accurately and promptly fill in and update your email address, telephone number, address, postal code and other contact information so that we, our partners or other members of the Platform can contact you. If you cannot be reached through the above contact details, he/she/it will be solely responsible for any losses or additional costs incurred in the course of using the Services. You understand and agree that you are obligated to keep your contact information valid and up to date in accordance with the Platform rules.
If you need to communicate with us, he/she/it can be contacted through the contact information specified on the platform, we do not accept any other contact information. If there is any information, content and rules that need to be published, we will publish an announcement on the relevant webpage of the platform.
The Platform sends all notifications by sending an email to your updated email address. Such E-mail shall be deemed to have been delivered upon its arrival at such E-mail receiving system.
Twelve. Force majeure
thomasholten.com and/or its affiliates shall not be liable to you or deemed to be in breach of this Agreement for any delay or failure to perform any obligations relating to the Project, service and/or platform if the delay or failure to perform is caused by any cause beyond our reasonable control, including but not limited to:
(1) fire, natural disaster, storm, explosion, earthquake, flood, storm, accident or other natural disaster;
(2) war or the threat of war, sabotage, rebellion, civil unrest or expropriation;
(3) any act, restriction, regulation, bylaw, ban or measure of any kind by any government, parliament or local authority;
(4) Import and export control or embargo;
(5) strikes, lockouts or other Labour disputes;
(6) We or our suppliers encounter difficulties in obtaining raw materials, Labour, fuel, parts or machinery; or
(7) Interference or failure of telecommunications, transport, power supply or system, or mechanical failure which renders any of the above unusable.
Thirteen. Fees and expenses
We reserve the right to charge any fee for the service after notice. In addition, you shall pay taxes levied in connection with the transaction, obtaining paid services from the Platform (including the Platform partners) or accessing the Platform servers, as well as fees related to hardware, software, telecommunications, network services and other costs.
Fourteen. Terminate
You agree that thomasholten.com and/or its affiliates have the right to terminate the Service password and account (or any part thereof) or your use of the Service for any reason at any time without any charge to us and without notice, in particular if we have reasonable evidence that you are in breach of this Agreement.
The above breaches include, but are not limited to:
(1) The member’s identity certificate or business license is inconsistent with its personal information or the actual business information is inconsistent with the registration information, and the member’s information is not updated in time;
(2) send duplicate information, publish information prohibited or restricted by applicable laws and regulations, publish information outside the scope of the member’s business or unrelated to the Platform services;
(3) falsely publishing commercial information and conducting business activities in the name of other enterprises;
(4) attempts to disrupt or attack the integrity of the Platform’s computer systems and networks, or attempts to gain access to the Platform’s computer systems and networks;
(5) Using or providing computer viruses, disguised sabotaging programs, computer worms, time bombs or other destructive programs that destroy, interrupt, intercept or encass any system, data or information;
(6) misusing the account name and/or password of another member;
(7) Sell or authorize the use of accounts without the consent of the platform;
(8) Fraudulent activities through the platform;
(9) Infringement of intellectual property rights through the platform;
(10) Other acts that violate laws, regulations, rules, relevant agreements, rules, rules, platform procedures, good practices, etc.
You have the right to request the platform to cancel your account, and with the approval of the Platform, your account will be cancelled and your contractual relationship with thomasholten.com and/or its affiliates will be terminated. After you cancel your account, thomasholten.com and/or its affiliates are under no obligation to disclose any information contained in your account to you or to forward any information to you or any third party.
You acknowledge and agree that upon termination of your contractual relationship with thomasholten.com and/or its affiliates:
(1) We have the right to retain your data;
(2) We reserve the right to file claims against you for violations of applicable laws, this Agreement and/or rules in the course of using the Services;
(3) Other members of the Platform reserve the right to claim for any problems left over after the termination of this Agreement related to such other members during your use of the Service, and you shall continue to fulfill your obligations as promised.
You further acknowledge and agree that thomasholten.com and/or its affiliates shall not be liable to you or any third party for any termination of the Services provided to you.
Fifteen. Applicable law, jurisdiction and other
The relationship between you and thomasholten.com is a separate contractual relationship. This Agreement is not intended to create any agency relationship, partnership, joint venture, employment relationship or special licensing relationship between you and thomasholten.com.
You agree that we have the right to transfer to you some or all of our rights and obligations under this Agreement by online notice or any other reasonable notice.
You may not assign this Agreement by law or otherwise without our prior written consent. Any transfer or other attempted transfer in contravention of this Article shall be null and void; Provided, however, that upon notification to us, you may assign or transfer this Agreement in whole or in part to any of your affiliates, as long as you remain responsible for obligations arising under this Agreement or prior to the effective date of the transfer. You agree that we may assign or assign our rights and obligations under this Agreement if :(a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of our assets or similar transactions; Or (b) transferred to any affiliate or as part of a corporate reorganization; The assignee shall be deemed to supersede us as a party to this Agreement and shall take effect upon the commencement of such assignment. Subject to this limitation, this Agreement shall be binding, applicable and enforceable against the Parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our affiliates.
This Agreement preempts and supersedes any oral or written agreements (if any) between you and us (including Platform partners) regarding the same subject matter.
If any provision of this Agreement is determined to be invalid or unenforceable, that provision will be void and shall not affect other provisions of this Agreement that remain valid and binding.
You may be required to enter into separate online or offline agreements (each a “Supplemental Agreement”) with thomasholten.com and/or its affiliates for any of the services. In the event of any conflict or inconsistency between the terms of this Agreement and the Additional Agreement, the Additional Agreement shall prevail only with respect to the Services concerned.
The validity, interpretation, modification, implementation and dispute resolution of this Agreement shall be governed by the laws of Hong Kong without reference to the rules governing choice of law or the Convention on Contracts for the International Sale of Goods.
Any and all disputes arising out of or in connection with the existence of this Agreement or the Service shall be settled amicably through negotiation. If no settlement can be reached through negotiation, either you or thomasholten.com may submit the dispute to the Hong Kong International Arbitration Centre (” HKIAC “) for arbitration in accordance with the HKIAC Administrative Arbitration Rules in effect at the time of filing the request for arbitration. The number of arbitrators shall be three (3). Each party to the dispute shall appoint one (1) arbitrator. The third arbitrator shall be appointed by the Hong Kong International Arbitration Centre. The place of arbitration shall be Hong Kong. The arbitration proceedings shall be conducted in the English language; The arbitral award shall be final and binding upon both parties.
Headings are for convenience only and shall not in any way limit, limit, interpret or describe the scope or extent of the Terms.
Our waiver of any breach by you or anyone else does not waive any future or similar breach.