Mutimall Platform Service Agreement

Reminders

Welcome you to enter into Mutimall Platform Service Agreement (hereinafter referred to as “this Agreement”) with each and every Mutimall Platform operator (as defined in the terms of definition) and use Mutimall Platform Services!

This Agreement is amendment to Mutimall Service Agreement. As of the date of issue of this Agreement, “Mutimall Service Agreement” mentioned in Mutimall Platform refers to this Agreement.

Key words referred to before each terms of service are only used to help you understand the purpose of such terms and will not influence or limit the meanings or interpretation of such terms under this Agreement. To safeguard your rights and benefits, we suggest you read each terms carefully.

Read PrudentlyBefore you click to “Accept this Agreement” in the application registration process, be sure to read this Agreement carefully. Be sure to prudently read and carefully understand the contents of each provision, especially provisions on exemption or limitation of liability, governing law and dispute settlement. You should pay special attention to the provisions on exemption or limitation of liability in bold and underline. If you have any doubt about this Agreement, you may consult the customer service personnel of Mutimall Platform.

Motion of signingAfter you fill in information according to the hints on the registration webpage, read and agree to this Agreement and complete all the registration procedures, you will be deemed to have fully read, understood and accepted this Agreement in full, reach consensus with Mutimall, and become “user” of Mutimall Platform. If you do not agree to this Agreement or any terms of this Agreement after you read it, you’d better stop registration immediately.

Motion of signingAfter you fill in information according to the hints on the registration webpage, read and agree to this Agreement and complete all the registration procedures, you will be deemed to have fully read, understood and accepted this Agreement in full, reach consensus with Mutimall, and become “user” of Mutimall Platform. If you do not agree to this Agreement or any terms of this Agreement after you read it, you’d better stop registration immediately.

1.Definition

Mutimall Platform:refers to Mutimall.com

Mutimall Platform Services:refers to various services rendered by Mutimall to you based on Internet in the form of Mutimall Platform and any new form of service in the future.

Mutimall Platform Rules:refers to all rules, interpretations and announcements issued or to be issued in all Mutimall Platform rule channels as well as rules, detailed rules for implementation, product flow specifications and announcements issued in factions, forums and aid centers of each platform.

Mutimall.com Rules:refers to various rules set out in the Mutimall.com rule channel, as shown in here.

Identical User:refers to any person who uses the same identity information for authentication or the actual controller of several Mutimall accounts as identified by Mutimall.

2.Scope of Agreement
2.1Contracting Parties

Subjects with Equal StatusThis Agreement is entered into by and between you and the operators of Mutimall Platform. This Agreement is binding upon both you and the operators of Mutimall Platform.

Information on SubjectsThe operators of Mutimall Platform refer to legal entities engaging in Mutimall Platform. You may at any time examine the certificate information at the bottom of the home page of the website of each Mutimall Platform to confirm your counterparty. Under this Agreement, the operator of Mutimall Platform may vary due to the business adjustment of Mutimall Platform, which will not affect your rights or benefits under this Agreement. Once variation occurs, the new operator of Mutimall Platform will perform this Agreement and render services to you. Furthermore, additional operators of Mutimall Platform may be established to render new Mutimall Platform Services. If you use any new Mutimall Platform Services, you will be deemed to agree to accept services from the new operator of Mutimall Platform concerned. Where any dispute arises, you may determine the counterparty based on the services you’re using and the specific act which affects your rights and benefits.

2.2Supplementary Agreement

The Internet is developing rapidly, therefore, neither it is impossible for this Agreement to set out all rights and obligations of you and Mutimall nor there is guarantee that the stipulations of this Agreement could meet the requirements in the future. Thus, Mutimall Platform Privacy Policy&Statutory Statements and Mutimall Platform Rules are all supplementary agreements to this Agreement, which are inseparable from this Agreement and have same legal effect with this Agreement. When you use Mutimall Platform Services, you will be deemed to have accepted the above-mentioned supplementary agreements.

3.Registration and Use of Account
3.1Qualification of User

Before you makes registration and uses Mutimall Platform Services, You should confirm that you have civil capacity suitable to your civil act as prescribed by the laws of the People’s Republic of China and South Africa. If you do not have civil capacity suitable to your civil act, you and your guardians shall assume all consequences arising therefrom according to law.

3.2Explanations on Account

Obtaining of AccountAfter you fill in information according to the hints on the registration webpage, read and agree to this Agreement and complete all the registration procedures, you will obtain an account of Mutimall Platform and become a user of Mutimall Platform.

Use of AccountYou’re entitled to log on Mutimall Platform through the Mutimall user name, email and mobile phone number set or confirmed by you (hereinafter referred to as “Account Name”) and the password set by you (Account Name and password are collectively referred to as “Account”).

Transfer of AccountBecause the account of a user is connected to his/her credit information, you may only transfer your account to the extent expressly permitted by law or judicial adjudication or approved by Mutimall and subject to the account transfer flow as prescribed by Mutimall Platform Rules. Once you transfer your account, all rights and obligations under this account are transferred concurrently. Furthermore, you may not transfer your account in any way; otherwise, you shall assume all liabilities arising therefrom.

Real Name CertificationAs the operator of Mutimall Platform, Mutimall is not endowed by law with any power to compulsorily require all users to make real name certification, however, so that you could better use all services of Mutimall Platform, Mutimall advices you to complete real name certification according to the requirements of Chinese and South Africa laws.

Recovery of Inactive AccountIf your account meets all of the following conditions concurrently, Mutimall is entitled to recover your account. (1) The account is not used to log on any Mutimall Platform for six consecutive months; (2) There is no immature valid transaction.

3.3Management of Registration Information
3.3.1True and Legitimate

Trueness of InformationWhen using Mutimall Platform Services, you should fill in your information (including your name, email address, telephone and address) accurately and completely according to the hints of Mutimall Platform so that you are available to Mutimall and other users. You understand and agree that you’re obliged to guarantee that the information provided by you is true and valid.

Legality of User NameThe Mutimall user name set by you may not violate laws or regulations or provisions on user name management in Mutimall.com Rules; otherwise, Mutimall may recover your Mutimall user name. Recovery of Mutimall user name will not affect your logging on Mutimall Platform with email or mobile phone number or using Mutimall Platform Services.

3.3.2Updating and Maintenance

You should update your information from time to time. To the extent that as a platform service provider, Mutimall is expressly required by law to verify the information of certain users (such as sellers on the platform), Mutimall will verify your information from time to time according to law and you shall give assistance and provided the updated, true, complete information.

If Mutimall cannot get access to you according to the last information provided by you, or you fail to provide information in time as required by Mutimall, or the information provided by you is untrue, you’ll assume all losses and consequences occurred by yourself, any third person and Mutimall.

3.4Rules on Account Security

Obligation on Account SecurityYour account should be set and kept by yourself and Mutimall will not require you to provide your account at any time. Therefore, you are recommended to keep your account carefully and log out and leave Mutimall Platform according to correct procedures when each period of accessing to Internet ends.

If you disclose your account or your account is attached by any third person or you are cheated and as a result, you suffer from losses, you should assume such losses by yourself.

Liable for Account Behaviors by YourselfExcept that Mutimall is at fault, you should be liable for all consequences arising out of your behaviors under your account (including but without limitation to signing agreements online, releasing information, purchasing commodities and services, and disclosing information).

Notice on Daily MaintenanceIf you find that any other person uses your account to log on Mutimall Platform without your authorization or you are aware of any other situation which may result in theft or missing of your account, you’re recommended to inform Mutimall. You understand that it needs reasonable time for Mutimall to take actions according to your request. Except that Mutimall is at fault, Mutimall will assume no liability for any consequence which has occurred before you take action.

4.Mutimall Platform Services and Rules

Survey of ServicesYou’re entitled to enjoy such services on Mutimall Platform as shop management, marketing and promotion of commodities and/or services, purchase and assessment of commodities and/or services and settlement of disputes arising out of transaction. Mutimall offers a wide variety of services. You may log on Mutimall Platform to view these services.

4.1Shop Management

Opening of ShopAfter you open a shop on Mutimall.com, you can release information on brand new or second-hand commodities and/or services and make transactions with other users.

For the purpose of management of Mutimall.com, you understand and acknowledge that Identical User can only open a shop on Mutimall.com and Mutimall may shut down any other shop opened by you on Mutimall.com.

Transfer of ShopIn nature, transfer of a shop is the transfer of the account of the shop operator; therefore, requirements for and limitations on transfer of shop are subject to Article 3.2 of this Agreement.

Closing of ShopYou’re entitled to close your shop temporarily with the shop closing tool, However, with respect to transactions already reached before closing, you shall continue to assume the liabilities, such as delivery of goods, rejection or exchange of goods, warranty & maintenance and complaints.

If no commodity is sold in your shop for six consecutive weeks, Mutimall may close your shop according to Mutimall.com Rules.

Closing of shop according to the above-mentioned provisions will not affect the credits already accumulated by you.

4.2Marketing and Promotion of Commodities and/or Services

Releasing of Information on Commodities and/or ServicesWith respect to services to be provided through Mutimall, you may use literals, pictures, videos and audios to release information on commodities and/or services on Mutimall Platform to entice and solicit potential customers and reach transactions.

Scope of ProhibitionYou shall guarantee that you have corresponding rights towards commodities and/or services released by you on Mutimall Platform. You may not sell any of the following commodities and/or render any of the following services on Mutimall Platform, which: (I) are prohibited or limited by the state; (II) infringe upon intellectual property rights or any other legitimate right or benefit of any third person; (III) are not suitable to be sold and/or rendered on Mutimall Platform as expressly stated by Mutimall Platform Rules or any separate agreement between each platform and you.

Guarantee of Transaction OrderYou should adhere to the principle of good faith, guarantee that the information released by you on commodities and/or services is true and consistent with the actual commodities and/or services, and fulfill all of your promises in the process of transaction.

You shall safeguard the sound market order on Mutimall Platform. You may not belittle or slander any competitor, disrupt any transaction on Mutimall Platform, or lift or attempt to lift your own credits by any improper means, or disrupt or attempt to disrupt normal operation of Mutimall Platform in any way.

Promotion and AdvertisingYou’re entitled to determine the ways of promoting and advertising your commodities and/or services at your own discretion. Mutimall provides plenty of promotion and advertising tools for your choice. Your behaviors of promotion and advertising shall conform to relevant laws and regulations of the state as well as the requirements of Mutimall Platform.

Paying Taxes According to LawTo pay taxes according to law is the obligations of each citizen and enterprise. If your amount of sales/turnover is in excess of the statutory tax-exempt volume, you should declare taxes to the competent tax authority in time and in full.

4.3Purchase and Assessment of Commodities and/or Services

Purchase of Commodities and/or ServicesWhen you purchase commodities and/or services on Mutimall Platform, please be sure to check the name, price, quantity, model, specification and dimension of the proposed commodity or the time, contents and limitations of the proposed service, and verify your address, telephone and consignee when placing the order. If the consignee is not yourself, you should assume all legal consequences arising out of the behaviors and declaration of will of the consignee.

Your purchase shall be based on true consumption demand and may not purchase commodities and/or services or safeguard rights with bad faith or engage in any other behavior to disrupt the normal transaction order on Mutimall Platform. For the purpose of safeguarding the transaction order and security of Mutimall Platform, once discovering any of the above circumstances, Mutimall may close the order concerned.

Buyout Price and AuctionBuyout price and auction are available on Mutimall Platform. With respect to auction, you understand that Mutimall Platform is not the “auctioneer” within the meaning of the Auction Law of the People’s Republic of China and South Africa. Mutimall Platform is an online trading place where the users could purchase commodities and/or services by means of auction.

AssessmentYou’re entitled to assess, through the assessment system of Mutimall Platform, commodities and/or services of any other user with which you’ve made transaction. You should understand that your assessment on Mutimall Platform is publicly available. If you’re unwilling to disclose your identity when expressing your assessment opinions, you’re entitled to select to express assessment opinions anonymously.

All of your assessment behaviors shall conform to relevant provisions of Mutimall Platform Rules. Assessment contents shall be objective, true, containing no filthy speech, erotic or indecent information, ad information or any other information prohibited by laws, regulations or this Agreement. You may not, by improper means, help any other person lift his/her credits or use the right of assessment to threat or blackmail any other user. Mutimall may, according to relevant provisions of Mutimall Platform Rules, delete or block any of the above improper assessment information.

4.4Settlement of Disputes Arising out of Transaction

Methods of Settlement of Disputes Arising out of TransactionWhere any dispute arises between you and any other user when you engage in transactions on Mutimall Platform, you or the other user may choose either of the following methods to settle: (I) Negotiate; (II) Use the investigation & treatment services provided by Mutimall Platform; (III) Apply to the consumers’ association or any other mediation organization for mediation; (IV) File a complaint to relevant administrative department; (V) Apply for arbitration according to the arbitration agreement (if any); or (VI) File a lawsuit to the people’s court.

Investigation & Treatment Service of PlatformIf you selects to use the investigation & treatment service of Mutimall Platform, you will be deemed to accept the investigation & treatment decision to be made by the customer service personnel or public assessors of Mutimall Platform (“Investigation & Treatment Provider”) as an independent third party based on the facts learned and according to Mutimall Platform Rules (including adjusting the transaction status of the order concerned and awarding all or part of the amount in dispute to a party or both parties). Before the investigation & treatment decision is made, you may select any other method to settle the dispute and suspend the investigation & treatment service.

If you’re dissatisfied with the investigation & treatment decision, you’re still entitled to use any other method to settle the dispute, however, pending the final decision of any other method, you shall perform the investigation & treatment decision.

4.5Costs

In order to provide services to you through Mutimall Platform, Mutimall has spent a great deal of money. Except the charges expressly stated by Mutimall Platform, the services provided by Mutimall to you are free at present. If Mutimall wishes to collect reasonable fees in the future, Mutimall will do so by reasonable means and inform you within reasonable period in advance according to the method under Article 8 of this Agreement to guarantee that you have full right to make choice.

4.6Limitation on Liability

Force MajeureMutimall is liable to provide “as is” and “as is available” Mutimall Platform Services to you. According to laws and regulations, Mutimall is obliged to provide fundamental guarantee, provided that Mutimall will not be liable for your losses arising out of maintenance of information and network equipment, failure of connection, malfunction of computer, communication or any other system, power failure, strike, commotion, fire, flood, storm, explosion, war, government act, order of judicial organ or any reason attributable to any third party.

Massive InformationMutimall only provides you with Mutimall Platform Services. You understand that the information on Mutimall Platform is released by the users themselves and may contain risks and defects. Whereas there is massive information on Mutimall Platform which departs from real objects, it is impossible for Mutimall to examine all information on commodities and/or services or the quality, security, legality, trueness or accuracy of commodities and/or services involved in transactions; therefore, you should make judgment prudently.

Investigation & Treatment DecisionYou understand and consent that when providing investigation & treatment services, the customer service personnel and public assessors are not professionals, so they can only make judgment according to common sense. Therefore, the investigation & treatment provider shall be exempted from any liability towards the investigation & treatment decision unless the provider misconducts willfully.

5.Protection and Authorization of User’s Information
5.1Protection of Personal Information

Mutimall attaches great importance to the protection of personal information of users (i.e. information that can be used to recognize the identity of a user, whether independently or through combining with any other information). When you use the services provided by Mutimall, you are deemed to have agreed that Mutimall could collect, store, use, disclose and protect your personal information according to the privacy policy released on Mutimall Platform. Through the privacy policy, Mutimall wishes to introduce to you the methods by which Mutimall disposes of your personal information. Therefore, Mutimall recommends that you should read the privacy policy carefully (click here or click to the link at the bottom of the home page of Mutimall Platform) so that you could better protect your right of privacy.

5.2Guarantee and Authorization of Non-personal Information

Releasing of InformationYou announce and warrant that you’ve proper, legitimate rights towards the information released by you; otherwise, Mutimall may delete or block your information according to law or this Agreement.

Prohibited InformationYou shall guarantee that the information released by you does not contain any of the following contents which: (I) are prohibited by laws and regulations from being released; (II) involve political propaganda, superstition, obscenity, eroticism, gambling, violence, terror or instigating crime; (III) are deceptive, false, inaccurate or misleading; (IV) infringe upon intellectual property rights of any other person or involve trade secrets and other proprietary right of any third party; (V) involve insulting, slander or intimidation, or infringe upon privacy or any other legitimate right or benefit of any other person; (VI) may destroy, distort, delete or affect normal operation of any system of Mutimall Platform, or contain malicious software or program code such as virus, Trojan and computer robot which are able to secretly obtain data and personal information of Mutimall Platform and any user without authorization; (VII) are inconsistent with public interest or public morality, or are not suitable to be released on Mutimall Platform according to related Mutimall Platform agreements or rules.

Authorize Mutimall to UseWith respect to non-personal information in literals, pictures, videos and audios provided and released by you on Mutimall Platform other than personal information, during the period of copyright, you agree to grant Mutimall and its Affiliated Companiesexclusive, free-of-charge license and sublicense. You agree that Mutimall and its Affiliated Companies may store, use, duplicate, edit, release, display, translate and distribute your non-personal information or produce derivative works, and incorporate any of the above information into any other works with known or future form, media or technology.

6.Breach by User and Treatment
6.1Determination of Breach

Under either of the following circumstances, you will be deemed as having constituted breach: (I) You violate laws or regulations while using Mutimall Platform Services; (II) You breach this Agreement or supplementary agreement to this Agreement (i.e. Article 2.2 of this Agreement). To adapt to the development of electronic commerce and meet the demand of massive users for efficient quality services, you understand and agree that Mutimall may include procedures and standards on determination of breach in Mutimall Platform Rules. For example, Mutimall may determine whether you constitute breach based on the relationship between your user data and massive user data; you’re obliged to provide adequate evidences and reasonable explanations for abnormalities in your data; otherwise, you will be determined as constituting breach.

6.2Treatment Measures for Breach

Information ProcessingIf any information released by you on Mutimall Platform constitutes breach, Mutimall may immediately, according to relevant rules, delete or block the said information or remove or supervise your commodities.

Limitation on ActsIf any of your acts on Mutimall Platform, or any act which is not conducted on Mutimall Platform but has influence on Mutimall Platform and its users, constitutes breach, Mutimall may, according to relevant rules, deduct credits from your account, restrains your account from participating in marketing, suspend rendering all or part of services to you, and deduct penalty. If your act constitutes fundamental breach, Mutimall may close down your account and terminate rendering services to you.

Publication of Treatment ResultsMutimall may publish treatment results of the above-mentioned breach as well as violations confirmed by binding legal instruments on Mutimall Platform.

6.3Indemnity

You shall indemnify Mutimall and/or its Affiliated Companies against all losses suffered by them due to any of your acts, including direct economic losses, losses of goodwill, damages, conciliation fees, attorney’s fees and legal costs.

If as a result of any of your acts, any third person makes claims against Mutimall and/or its Affiliated Companies, after making compensation to the third person, Mutimall and/or its Affiliated Companies may recover all losses from you.

If any third person suffers from losses due to any of your acts or you fail to enforce the investigation & treatment decision, or for the purpose of public interest or protection of rights and benefits of consumers, Mutimall and/or its Affiliated Companies may direct Mutimall Company to deduct corresponding sums from your Mutimall account to make payment. If the balance of your Mutimall account or deposit is insufficient to make payment, you agree to authorize Mutimall to make payment on behalf of you with Mutimall’s funds. Then, you shall make refund to Mutimall and compensate Mutimall against all of its losses.

You agree that Mutimall may direct Mutimall Company to deduct corresponding sums from your Mutimall account for the purpose of the above-mentioned compensation. If the balance of your Mutimall account is insufficient to compensate, Mutimall and/or Affiliated Companies may directly offset your rights and benefits under any other agreement with Mutimall and/or its Affiliated Companies and otherwise recover from you.

6.4Special Covenants

Commercial BribeIf you offer physical goods, cash, cash equivalent, labor, tourism or any other thing to any employee or consultant of Mutimall and/or its Affiliated Companies, of which the value exceeds the normal level, you will be deemed as constituting commercial bribe. Under either of the above circumstances, Mutimall may immediately stop cooperation with you and reimburse penalty and/or damages from you, which will be computed based on the economic losses and losses of goodwill suffered by Mutimall due to your bribe.

Related TreatmentIf as a result of your substantial breach, Mutimall terminates this Agreement, in order to safeguard the order of platform and protect the rights and benefits of consumers, Mutimall and/or its Affiliated Companies may suspend and even terminate cooperation with you under any other agreement, provided that you’ll be informed according to Article 8 of this Agreement.

If any other agreement between Mutimall and you and any agreement between Mutimall and/or its Affiliated Companies and you expressly stipulate treatment related to cooperation with you under this Agreement, in order to safeguard the order of platform and protect the rights and benefits of consumers, after receiving an instruction, Mutimall may suspend and even terminate the said agreements, provided that you’ll be informed according to Article 8 of this Agreement.

7.Alteration of Agreement

Subject to any change of laws and regulations of the state, for the purpose of safeguarding the order of transaction and protecting the rights and benefits of consumers, Mutimall may from time to time amend this Agreement, supplementary agreement and amended agreement (hereinafter referred to as “Alteration”) and will inform you of such Alteration according to Article 8 of this Agreement.

If you object to Alteration, you’re entitled to feedback your opinions to Mutimall before the date of effectiveness as stated in the notice of Alteration. If your opinions are accepted, Mutimall will adjust Alteration accordingly.

If you still refuse to accept any Alteration after it enters into effect, you shall, as of date of effectiveness as stated in the notice of Alteration, stop using Mutimall Platform Services, and then the Alteration will have no binding effect on you. If you continue to use Mutimall Platform Services after Alteration enters into effect, you will be deemed as having accepted the Alteration.

8.Notice

You agree that Mutimall may send notices to you by any of the following methods: (I) Announced documentation; (II) Internal letter, and messages sent by client; (III) Email, message and letter sent to the address preserved by you on Mutimall Platform.

9.Termination of Agreement
9.1Circumstances of Termination

Termination Initiated by UserYou’re entitled to terminate this Agreement by any of the following means: (I) You cancel your account through Website Self-Service when you meet the Registration Conditions of Account on Mutimall.com; (II) Before Alteration enters into effect, you stop using Mutimall Platform Services and expressly refuse to accept Alteration; (III) You declare not to continue to use Mutimall Platform Services, and meet the conditions of terminating Mutimall.com.

Termination Initiated by MutimallUnder either of the following circumstances, Mutimall may terminate this Agreement after giving you a notice according to Article 8 of this Agreement: (I) You breach of this Agreement and Mutimall terminate this Agreement according to breach terms; (II) You misappropriate the account of any other person, release any prohibited information, cheat property of any other person, sell fake commodities, disrupt market order, or make profit through improper means and Mutimall closes down your account according to Mutimall Platform Rules; (III) Except the circumstance in the preceding paragraph, you violate Mutimall Platform Rules for several times and the circumstance is grave, and Mutimall may close down your account according to Mutimall Platform Rules; (IV) Your account is recovered by Mutimall according to this Agreement; (V) You fraud, release or sell fake, inferior/infringed commodities, infringe upon legitimate rights and benefits of any other person, or otherwise violate laws or breach this Agreement substantially; (VI) Any other circumstance under which this Agreement shall be terminated.

9.2Post-termination Treatment

Disclosure of User’s InformationAfter this Agreement is terminated, unless otherwise expressly prescribed by law, Mutimall is not obliged to disclose any information in your account to you or any third party designated by you.

Mutimall’s RightsAfter his Agreement is terminated, Mutimall still enjoys the following rights: (I) continue to keep the information kept by you on Mutimall Platform, which is set forth by Article 5 of this Agreement; (II) With respect to any of your previous breaches, Mutimall may still claim liabilities for breach against you according to this Agreement.

Treatment of TransactionAfter this Agreement is terminated, with respect to any of your transaction orders occurring during the term of this Agreement, Mutimall may inform the counterparty and make a decision on whether to close an order or not based on the will of the counterparty; if the counterparty requires you to continue to perform, then you shall continue to perform this Agreement and the order, and assume any losses or any expenses increased therefrom.

10.Governing Law, Jurisdiction and Miscellaneous

Governing LawConclusion, effectiveness, interpretation, amendment, supplement, termination and execution of this Agreement and settlement of disputes under this Agreement are all governed by the laws of Mainland China and South Africa; if there are no relevant provisions under laws, commercial practices and/or industrial practices prevail.

JurisdictionIf any dispute arises in connection with Mutimall Platform Services when you use Mutimall Platform Services, you and Mutimall shall try to settle through amicable negotiation. Where negotiation fails, either party may file a lawsuit to the people’s court at the place where the defendant is located.

SeverableIf any provision of this Agreement are deemed as void, invalid or unenforceable, such provision shall be deemed as severable and the effectiveness and enforceability of any other provisions will not be affected.

In case of any conflict between the Chinese version and English version of this Agreement, the Chinese version shall have the final effect.