Ⅰ . Terms and Conditions:
1. Tospino APP is a Mobile Client Software, an Applications, hereinafter referred to as "Tospino"; “Tospino” has Tospino APP's ownership and operation rights of various electronic service; Tospino's offered-services will be strictly implemented in accordance with the service terms and operating rules issued by it. When you confirm the service terms and complete the registration, a legally binding agreement arises between you and Tospino; and you become Tospino’s official user.
2. According to the Changes in National Laws and Regulations and Tospino's operation needs, Tospino reserves the right to amend the terms and related rules of this Agreement from time to time. The revised content will take effect immediately no matter what form it is published on Tospino, and replace the previous one; You should always pay attention to the changes in the announcements, reminders, agreements, rules, and etc; You should know and confirm it. If you do not agree with the updated content, you should stop using Tospino immediately; If you continue to use it, you will be considered aware of the changes and confirm them.
Ⅱ . Need-to-Know Policy
1. Tospino uses its self-developed operating system to provide users with services such as purchasing goods through the Internet. Use Tospino, you must satisfy the following conditions:
1)Self-equipped device for Internet, including cell phones, computers, modems, routers, and etc.;
2)Self-bear the charges incurred in using Tospino, such as Telephone charges, network charges, etc.,
3)Choose the most suitable software version for your device, Tospino has released multiple versions, such as iOS, Android, iPad, Windows Phone, ect.,
2. Based on the importance of the Tospino's offered-network services, you confirm and agree:
1)The provided registration information is true, accurate, complete, legal and valid. Once the registration information changes, it should be updated in time.
2)If your provided registration information is illegal, untrue, inaccurate and not detailed, you shall assume the corresponding responsibilities and consequences caused by it, and Tospino reserves the right to terminate your use of its services.
3. Tospino is a cross-border e-commerce B2B service platform ， The information were posted by the sellers themselves, and may be with risks and flaws. Tospino will protect your legitimate rights and interests and good experience on it by establishing relevant inspection and monitoring system according to the law; Tospino has a huge amount of information, under the virtual network environment, there may be situations where offered information is different from real goods. Although Tospino does its best to regulate and control this, still cannot review the information of goods and/or services one by one, and cannot examine the quality, safety, legality, authenticity and accuracy of the goods and/or services involved in the transaction one by one. You should be cautious in judging this.
Ⅲ . Order
1. When you order at Tospino, you should have the Capacity for Civil Rights and the Capacity for Civil Conduct in purchasing the goods. If you are younger than 18, you can only use Tospino under the supervision of parents or guardians. As long as you place an order, you are deemed to have fulfilled the above conditions and are responsible for the authenticity of all your provided information in the order.
2. When you order at Tospino, please carefully confirm the following information of your purchased product, such as the name, price, quantity, model, specification, size, contact address, telephone number, consignee, etc.; If the consignee and you are not the same person, the consignee's actions and meaning will be regarded as yours, and you will bear joint responsibility of the legal consequence of the consignee’s acts and meanings.
3.You understand and agree: Information about products and their prices displayed on Tospino by the sellers is just for order invitation; When you place an order, you must fill in your wanted quantity, price and payment method, consignee, contact information, delivery address (contract fulfillment location), contract fulfillment method, etc.; The system automatically generated order is generated based on the content you filled in the system; It is only the contract invitation you sent to the seller; The seller receives your contract invitation. Only when the seller sends you the goods you ordered （ marked by the actual shipment of the goods out of the warehouse), you and the seller have established a contractual relationship with the goods the seller directly sent to you; If you order more than one product in one contract and the seller sends you only part of the goods, you and the seller only establish a contractual relationship with the goods the seller actually sent to you. Only when the seller actually sends you the goods you ordered in the contract, you and the seller establish the contractual relationship with the goods the seller actually send you. For digital goods such as e-books, digital music, and online mobile phone recharge, the contract is created after you place an order and make the payment; As a consumer, when you place an order for daily needs and pay for it, the successful payment of the goods is regarded as the establishment of a contractual relationship between you and the seller for the paid part of the order.
4. Despite the best efforts of the sellers, due to market changes and factors that are extremely difficult to control through various reasonable commercial efforts, We cannot avoid the situation that the goods you ordered are in shortage or its price is mislabeled; If the goods you ordered appears the above situation, you have the right to cancel the order, and so does the seller; if you have already paid, you will be refunded.
Ⅳ. Distribution and Delivery
1.The goods you purchase on Tospino will be delivered according to the consignee's address you specified on it; The delivery time listed on the order is for reference; The reference time is estimated based on the information of current stock, normal processing and delivery time, and the delivery location and etc.; You should clearly and accurately fill in the information of your consignee's address, contact person and contact method and etc.; You know and confirm that the goods you purchase should only be signed by your designated contact after his identity is confirmed. The loss caused by your change of the consignee’s information, or by your change of the related delivery information is at your own risk.
2.The platform is out of responsibility for delayed-delivery or failing-to-delivery due to the following situations:
1)Customer-offered information error, undetailed address
2)The goods are delivered; But no one signs for them or refuses to accept them, the platform shall not bear the costs and related consequences caused by repeated delivery.
3)Force majeure, such as: natural disasters and bad weather; traffic martial law; government, judicial actions, decisions or orders; accidental traffic accidents, strikes, changes in laws and regulations, terrorist incidents, robbery, looting and other violent crimes, sudden wars, etc.
2. Goods you purchase at Tospino, if Tospino delivers them to you, the time recorded by the system or the receipt, is the delivery time; If the goods you purchase at Tospino are delivered through online transmission, the time the seller send the goods to your designated system is the delivery time. If you purchase a product for service at Tospino, the time stated in the generated electronic or physical certificate is the delivery time.
Ⅴ . User's Personal Information Protection and Authorization
1.You know and agree: To facilitate your use of Tospino's related services, Tospino will store necessary information when you use it, including but not limited to the information of your Real Name, Gender, Birthday, Delivery Address, Contact Information, Address Book, Photo Album, Calendar, Location, etc.; Except permitted by laws and regulations, Tospino will not disclose your personal information to unrelated third parties without your permission; And we use professional encryption storage and transmission methods to ensure the security of the users' personal information; Tospino is not responsible for the loss and consequences of your account due to your active disclosure your account information, and also Tospino is not responsible for the loss and consequences of your account because you are attacked or fraud by others, etc.; If the above mentioned situation occurs, you should seek compensation from the tortfeasor through judicial, administrative and other relief channels.
2.You know and confirm: You need to provide true identity information during your registration and the process of using Tospino. According to the requirements of national laws and regulations, based on mobile phone number needs real name authentication, Tospino will verify your real identity information; If your provided-information is untrue or incomplete, you will not be able to use Tospino, or there is restriction when you use it, and you are responsible for the adverse consequences.
3. Tospino has some Particular Services, and these Particular Service may have separate agreements and related business rules (hereinafter collectively referred to as Separate Agreements); When you are using a particular service of Tospino, please read and agree the relevant separate agreement before using the particular service. Your use of the above particular services indicates that you already read and agree the relevant separate agreement.
4.You fully understand and agree:
1)Accept Tospino send order information and promotional activities to registered users, shopping users, consignee by E-mail, SMS, Phone, etc.
2)In order to cooperate with the administrative supervision and judicial organs' work, to the extent permitted by law, Tospino has the right to provide the above-mentioned administrative supervision and judicial organs with the stored information when you use it, including but not limited to your registration information; Tospino also has the right to use these information as evidence preservation, including but not limited to notarization, witness, etc.
3) Tospino legally guarantees you have the right to know and the right to choose when installing or using Tospino; During the process of using Tospino's services, the service involving your device's own features will get your consent in advance; Once confirmed, Tospino has the right to open the auxiliary functions necessary to provide service, including but not limited to the function of collecting geographic locations, reading contacts, using cameras, enabling recordings, etc.
4) According to the actual situation, to the extent permitted by law, Tospino has the right to self-determine the longest storage time of a single user's data and its user's log; and allocate the maximum storage space for his data on the server.
Ⅵ . User Behavior Specification
1. This agreement is formulated in accordance with relevant national laws and regulations; You are agree to strictly abide by the following obligations:
1). Forbid to publish any speech that incites resistance or undermines the implementation of the constitution, laws and administrative regulations; Forbid to publish any speech that subvert the state power and overthrow the socialist system; Forbid to publish any speech that incites secession or undermines national unity; Forbid to publish any speech that incites ethnic hatred, ethnic discrimination or undermines ethnic unity.
2). When transmit information from China to overseas, it must comply with relevant Chinese Laws and Regulations;
3). Forbid to use Tospino to engage in illegal activities such as money laundering, stealing trade secrets, stealing personal information, etc.
4). Forbid to interfere Tospino's normal operation, and to invade Tospino and the National Computer's Information System.
5). Forbid to transmit or publish any illegal, harassing, slanderous, abusive, threatening, harmful, vulgar, obscene and uncivilized information materials.
6). Forbid to transmit or publish information or speech that harm the interest of public and endanger national security;
7). Forbid to instigate others to engage in acts prohibited by this Agreement.
8). Forbid to use Tospino's registered account for profit-making business activities.
9). Forbid to publish any content that infringes the privacy, personal information, copyright, trademark rights and other intellectual property rights or legal rights of others;
2. You are legally responsible for your comments and actions on the Internet. If you distribute and disseminate reactionary information, pornographic information or other information that violates national laws in Tospino, Tospino's system records may be the evidence of your violation of the law.
Ⅶ . Tospino Usage Specification
1.About the acquisition and update of mobile client software:
1)You can download Tospino APP directly from its official website by scanning the QR code; You can also get it from its authorized third-party application shop; If you get Tospino APP from unauthorized third party, or download a software named Tospino, Tospino cannot guarantee its normal use and also Tospino is not responsible for your loss caused by it.
2)In order to provide customers with a better user experience and a more comprehensive service, Tospino has been committed to developing new services ， and offer you the updated software versions from time to time; After the new software version is released, the old one may not be available; Tospino does not guarantee that older software versions and their corresponding services are still work; Please check and download the latest version at any time.
2. Except as permitted by law or Tospino's written permission, the following actions are prohibited during your use of the Platform :
1). Forbid to delete the copyright information on Tospino and on its copies;
2). Forbid to reverse Tospino's engineering, assembly, and compiling, or otherwise attempting to discover its source code;
3). Forbid to use, rent, lend, copy, modify, link, reprint, compile, publish, and create mirror sites for Tospino's intellectual property rights;
4). Data on Tospino Server, Tospino releases data into any terminal memory during its operation, Tospino's interactive data between client and server during its running and Tospino's system data necessary for its running, all of these data are forbidden to copy, modify, add, and delete; It is also forbidden to link up operation and create derivative works on Tospino; Forms including but not limited to access Tospino and its related systems through plug-ins, external hanging, or Tospino's unauthorized third-party tools&services.
5).Regardless of whether these actions have commercial purposes, it is forbidden to add, delete and change Tospino's function and its operation effect through modify or falsify its instructions and data; It is also forbidden to disseminate the above-mentioned software and their usage to the public.
6)It is forbidden to use un-tospino developed software, unauthorized third-party software, and plug-ins to log in Tospino and use its services; And it is also forbidden to product, distribute and disseminate the above software;
7). Forbid to interfere with Tospino and its components, modules and data by oneself or by authorizing others or third-party software.
Ⅷ . Liability for Breach of Contract
1. If Tospino discovers or receives others’ reports that you have violated the agreement or have malicious conduct, Tospino has the right to delete and block relevant content at any time without notice; According to the seriousness of the case, the offending account will be punished, including but not limited to warning, restricting or prohibiting some use or all use of its functions, account closure and cancellation, and announce the results of the case.
2. For violation of relevant laws and regulations or the provisions of this Agreement, under reasonable judgement, Tospino has the right to take appropriate legal action; And Tospino will keep relevant information according to law as evidence and report it to relevant departments; You will be solely responsible for all legal liabilities arising therefrom.
3. You understand and agree: You are independently liable for the third party's any requirement, claim or loss because of your violation of the provisions of this Agreement or related service terms; If Tospino suffers losses from it, you also need indemnification.
4. Unless otherwise specified in writing: Tospino does not make any form, express or implied declaration or guarantee for the operation of this platform and the information, content, materials, products (including software) or services it contains on this platform. (Except as otherwise provided by the laws of the People's Republic of China)
5. If your actions cause losses to both Tospino and its affiliates, you need to indemnify all their losses (the losses including but not limited to its own direct economic loss, goodwill loss and compensation for external payments, settlement, lawyer's fee, litigation fee and other indirect economic losses).
Ⅸ . Ownership and Intellectual Property Rights
1.Any time, any forms of your published information on Tospino, (including but not limited to customer evaluation, customer consultation, various topics, articles and other information content), you have copyright, property rights (including but not limited to reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening rights, broadcasting rights, information network communication rights, filming rights, adaptation rights, translation rights, compilation rights, and should be authors), and other transferable rights. Once you accept this Agreement, it means you actively transfer all your transferable rights (the rights mentioned above), irrevocably to Tospino and only to Tospino; And you also agree Tospino has the right to file a separate lawsuit for any infringer.
2.According to Article 25 of the Copyright Law of the People's Republic of China (the serial number of the Article is determined in accordance with the 2010 Revision of the Copyright Law) , and related laws and regulations on property rights, this Agreement has constituted a written agreement for the transfer of copyright and other rights; The agreement applies to all contents protected by the Copyright Law, no matter your content published before or after the establishment of this Agreement, they are all protected by it.
3.You agree and fully understand the terms of this Agreement: You commit not to post information published on Tospino in any form on other platforms and not to authorize other entities to use information already published on Tospino ， (Including but not limited to the use of it on various platforms and media)
4.Unless otherwise mandatory by law, without Tospino's clear special written permission, any unit or individual illegally partly or wholly use its information in any way ( including but not limited to copy, reproduce, cite, link, grab or etc. its information), is not allowed; Otherwise, Tospino has the right to pursue their legal responsibility.
5.Information published on Tospino (such as text, charts, logos, button icons, images, sound file fragments, digital downloads, data editing and software) is the property of Tospino or its content providers, and is protected by Chinese and International Copyright Laws; The compilation of all content on Tospino is Tospino's property and is protected by Chinese and International Copyright laws; All software on Tospino is the property of Tospino or its affiliates or its software suppliers and is protected by Chinese and International Copyright Laws.
X . Notification
1.When you register as a Tospino's user and accept its services, you should provide real and effective contact information (including your e-mail address, telephone number, contact address, etc.); If your contact information has changed, you are obliged to update the relevant information in time and keep in contactable status; Tospino will send you all kinds of notification through one or several of the contact information you have reserved in it; These notification may have a significant positive or negative impact on your rights and obligations. Please pay attention to it in time.
2.Tospino sends you notifications through your reserved contact information on it in variety ways; Such as electronic written notice including but not limited to announcements on Tospino; Send message to your reserved mobile number; Send E-mail to your reserved E-mail address; Send private messages, system messages, and in-site messages to your reserved account; In all the above mentioned way of sending notification, when the notification is sent successfully, it is deemed to be delivered; A written notice issued by paper carrier shall be deemed to be delivered on the fifth natural day after Tospino send it to the express company according to the contact address provided.
3.You should ensure that the contact information provided is accurate, effective and updated in real time. If the legal documents cannot be served or not served in time due to your provided inaccurate contact information or you failed to timely inform the changed contact information, you will bear the legal consequences of it.
Ⅺ . Applicable J urisdiction and O ther s
1.The agreement's conclusion, execution and interpretation and its resolution of disputes are governed by the Laws of China; Disputes over the content of this agreement and its execution ， both parties should try their best to resolve the dispute through friendly negotiation; If negotiation fails, you will file a lawsuit in the People's Court with Jurisdiction over the place where the agreement is signed. The signing place of this agreement is Daxing District, Beijing, the People's Republic of China.
2.If any of the terms of this Agreement are deemed to be revoked, invalid or unenforceable for any reason, this term shall be deemed null, but does not affect the validity and enforceability of any other remaining provisions.
3.Other rights not expressly authorized to Tospino by this Agreement still belong to Tospino; When you use these rights, you must obtain Tospino's Additional Written Permission. Although Tospino has not exercised these rights before, it does not mean that Tospino waives the right of use these rights.
4. Tospino respects the users' and the customers' legal right. This agreement and Tospino's various issued rules and statements are aims to provide customers with better and more convenient services. Welcome users and the community to give your opinions and suggestions, we will accept it modestly, and revise the agreement and various Tospino's issued rules when appropriate.
5.Please read carefully the terms marked in bold form in this agreement; When you click the "agree" button, you are not only deemed to have fully accepted this agreement, but also you are deemed to confirm yourself have the Capacity for Civil Rights and The Capacity for Civil Conduct to enjoy Tospino's service; and can assume legal responsibility independently; Before click the button "agree", please confirm that you know and fully understand the entire contents of this agreement