JS Global Supplier Relationship Management ("SRM") Platform Terms of Service
1. Acceptance of the Terms of Use
JS Global Trading HK Ltd ., (“JS Global”, “we”, “us”, or “Company”) operates the JS Global SRM Platform (the “Platform”) for itself and its subsidiaries (including Suzhou JS Global Technology Company Ltd., Shenzhen JS Global Technology Company Ltd., Qfeel Technology Company Ltd.,. The following Terms of Use, govern your access to and use of the Platform including any content, functionality, and services offered on or through the Platform. The Platform optimizes the relationships between JS Global and its suppliers (“Suppliers”, “you” or “your”) by creating a portal for submitting pricing and quotes for finished goods and tooling. This Platform is intended to enable potential and existing Suppliers to provide their companies, products, services, and pricing. Use of this Platform shall exclusively be for the commercial purpose of conducting a business relationship with JS Global.
Please read the Terms of Use carefully before you use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you agree to be bound by these Terms of Use. Use of this Platform is governed exclusively on the basis of these Terms of Use.
2. Registration Obligations
To access the Platform, you may be asked to provide certain registration details or other information. All information provided must be correct, current, and complete. You agree to provide; (a) true, accurate, and current information about your company, including but not limited to corporate business licenses, organization code certificates and tax registration certificates; (b) personal names, telephones and e-mail addresses of your contactor, finance manager or other personnels necessary for conducting a business relationship with JS Global, and (c) maintain and update your information in a timely manner. If you provide any information that is untrue or inaccurate, or without proper consent and legal basis for providing personal information, or we have reasonable grounds to suspect the information is untrue or inaccurate, we reserve the right to immediately suspend or terminate your registration and information.
3. Platform Qualifications
Our Platform may only be used by Suppliers who are independent legal entities registered in the country where they are authorized to do business. By using the Platform, you represent and warrant that you meet all of the eligibility requirements. We may, at our sole discretion, refuse to provide access to any Supplier at any time. Your registration on the Platform shall be deemed to constitute confirmation that you are acting in the capacity or on behalf of your company.
4. Member Registration
During the registration process, the Platform will provide you with a member registration name and password in the form of a system email. If you are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
5. Changes to the Terms of Use & Platform
We reserve the right, at our sole discretion, to modify, add, or remove any portion of these Terms of Use, or the Platform, in whole or in part, at any time. Modifications will be posted on the Platform and will be effective immediately upon posting, without notice. Any use of the Platform or any service provided via the Platform following such change constitutes your agreement to the change. Platform modifications and amendments supersede any printed version or copy of these Terms of Use.
6. Your Responsibilities
You are responsible for making all arrangements necessary for you to have access to the Platform and ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use. You represent and warrant you are responsible for all relevant laws, rules, regulations relating to your use of the Platform and the provision of relevant information. You shall be solely responsible to guarantee that all the Personal Information you provide in the platform have be collected via legal methods and burden all the risk related to such provision.
7. Liabilities/Disclaimers
THE INFORMATION PRESENTED ON OR THROUGH THE PLATFORM IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. THE USE OF THIS PLATFORM AND THE CONTENT IS AT YOUR OWN RISK.
WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PLATFORM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
THIS PLATFORM MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY OTHER USERS, AGGREGATORS, AND/OR REPORTING SERVICES. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.
THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER JS GLOBAL NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER JS GLOBAL NOR ANYONE ASSOCIATED WITH JS GLOBAL REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JS GLOBAL DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER JS GLOBAL OR LAW ENFORCEMENT AUTHORITIES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Platform Use
These Terms of Use permit you to use the Platform for your limited commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material or data on our Platform, except as follows:
You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the PRC or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• To transmit, or procure the sending of, any advertising or promotional material including any "junk mail", "chain letter", "spam", or any other similar solicitation.
• To impersonate or attempt to impersonate JS Global, a JS Global employee, another user, or any other person or entity.
• Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform.
• Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Platform.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
9. Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by JS Global, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. JS Global grants Suppliers the non-exclusive and non-transferable right to use the information on the Platform, for as long as Supplier is permitted to use the Platform.
The trademarks, logos, service marks, and trade name (collectively the “Trademarks”) displayed on the Platform are registered and unregistered Trademarks of JS Global and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, including uses that are likely to cause consumer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks that are not owned by JS Global that appear on the Platform are the property of their respective owners.
10. Confidentiality
You undertake to treat all non-obvious commercial or technical details that become known to you while using the Platform as a trade secret and to refrain from making them available to third parties. You shall oblige staff, employees, and third parties, and/or subcontractors, to maintain confidentiality to the extent of this section. In the event of a breach of this Section 10, you shall immediately inform JS Global.
Your obligation to maintain confidentiality shall remain in full force and effect after the completion of the business relationship, and shall only expire when the information obtained has become generally known.
Documentation of any kind made available on the Platform, including but not limited to samples, drawings, models, etc., shall remain the property of JS Global, and may not be used for non-contractual purposes and/or duplicated. Such documentation shall be returned or destroyed upon when no longer provided access to the Platform.
11. Monitoring and Enforcement; Termination
We have the right to:
• Delete the accounts of suppliers who have already registered and been entered into the Platform.
• Remove or refuse to post any submission for any or no reason in our sole discretion.
• Take any action that we deem necessary or appropriate in our sole discretion, including if we believe that you infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the Platform or the public, or could create liability to JS Global.
• Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
12. Limitation of Liability
to the fullest extent provided by law, in no event will JS Global, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the platform, any websites linked to it, any content on the platform or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Indemnification
You agree to defend, indemnify, and hold harmless JS Global, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform.
14. Notice
Unless otherwise expressly stated, any notice should be sent by e-mail to: servicedesk@jsgl.com. Any notice regarding the personal information rights would be responded within 15 days.
15. Governing Law and Dispute Resolution
All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the PRC. The parties hereto shall attempt to consult with each other so as to amicably settle the dispute arising out of and/or in connection with this Agreement. In the event the Parties fail to reach an agreement on the dispute, either Party may submit the relevant dispute to an arbitration institution administered by the Hong Kong International Arbitration Centre for arbitration,in accordance with the Hong Kong International Arbitration Centre Institutional Arbitration Rules in force at the time of submission of the arbitration notice. The arbitration award is final and binding upon the parties.
16. Waiver and Severability
No waiver by JS Global of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
17. Entire Agreement
These Terms of Use constitute the sole and entire agreement between you and JS Global regarding the Platform, do not constitute a services agreement, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.