Please read carefully these Terms of Use ("TOU") set forth below. This TOU apply to your use of ChinaBestPrice.com (“Chinabestprice”, “Website”) owns and operates by DIYSite.com Limited (“DIYSite”, “we”, “us”).
By accessing or using the service provided by DIYSite through or in connection with Chinabestprice (“Services”), you agree to be bound by the TOU. If you do not agree to any of these TOU, then please do not use the Services. DIYSite reserves the right to amend the TOU at any time in our sole discretion without notice or liability to you. By continuing to use the Service following such amendments to the TOS, you agree to be bound by such amendments. If you do not accept the amended TOU, you must discontinue the use of the Services. Thereby, you should review the most current version of the TOU at any time on the Website.
Chinabestprice is a comparison shopping site, provides a number of different services to assist you to find and compare products on the Website. We are not a service provider or seller and do not sell, resell or license any of the products listed on the Website. We are not acting as an agent of sale or an agent of any seller products. We do not have any responsibility for, or liability related to, any product listed on the Website. Any questions, complaints or claims related to any product should be directed to the appropriate seller.
Chinabestprice do not warrant or guarantee in any way that pricing, product descriptions, shipping costs, commentary, or any other content on the Website is accurate, complete, reliable, current or error-free. Website content is provided for informational purposes only and we shall have no liability for inaccuracy or incompleteness in product content, user ratings or commentary, or other content on the Website. If there is any discrepancy between information on the Website and information on a seller’s or service provider’s website, the information on the seller’s or service provider’s website shall govern.
Chinabestprice may provide links to the third-party seller’s websites (which is not the Website) for your convenience and reference only. We do not have control over such websites, you acknowledge and agree that Chinabestprice is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any information, products, advertising, or other materials on or available from such websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, products available on or through any such websites.
Transactions are entered into between you and the seller, and Chinabestprice shall assume no liability, obligation or responsibility in connection with any transaction between you and the users of the Website. You cannot make any claim against Chinabestprice (or its respective directors, officers, agents, and employees) arising out of your use of external websites.
Chinabestprice does not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products offerings or business practices of any of these businesses, entities or individuals or the content of their websites. You should carefully review their privacy statements and other conditions of use. We do not have control over the business practices of any third-party seller, nor does it control in any way the quality, safety or legality of any item listed on the website or any business transaction that occurs as a result of products listed on the Website.
By participating in any transaction involving or resulting from your use of the Service, you acknowledge and agree that this TOU and any terms of service or other policies established by third parties shall govern all transactions in which you participate through the Service.
You must be at least 18 years old. You must register as a Member with Chinabestprice to access certain functions of the Website. By making a registration, you warrant that:
For any violation, Chinabestprice shall in its sole discretion to terminate your membership with or without notice.
Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web. In addition, the following rules apply to your use of the Service:
Chinabestprice grants you a non-exclusive, non-transferable, revocable, limited license to access and use this Website. This license does not include and strictly prohibits: any resale of the Website or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website, including its operation, interface and contents, are covered by Hong Kong copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of Chinabestprice. Any unauthorized use shall immediately terminate the licenses and rights granted by us and any Licensors hereunder, and may subject you to civil and/or criminal prosecution.
You may not use any Chinabestprice logo or other proprietary graphic or trademark as part of a link to the Website without first obtaining the express written consent of Chinabestprice.
All intellectual property rights subsisting in respect of the Website belong to Chinabestprice or have been lawfully licensed to Chinabestprice for use on the Website. All rights under applicable laws are hereby reserved. Except with the express permission of Chinabestprice, you are not allowed to use, modify, copy, distribute, transmit, display, publish, sell, license or create derivative works with respect thereto, as the website is copyrighted under applicable laws. In addition, you acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Termination
You agree that Chinabestprice, in its sole discretion, may terminate your use of the Service, and remove any content within the Service, for any reason, including without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the wording or the spirit of the TOU. Chinabestprice may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that Chinabestprice may immediately deactivate or delete your Chinabestprice account. Further, you agree that Chinabestprice shall not be liable to you or any third-party for any termination of your access to the Service.
All Information is for your general reference only. Chinabestprice do not accept any responsibility whatsoever in respect of such content. You understand and agree that:
In no event will Chinabestprice or its affiliates be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Service, even if Chinabestprice or its affiliates have been advised of the possibility of such damages. You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Service. You are responsible to ensure that your use of the Service complies with all applicable legal requirements. The limitation of liability contained in the TOU will apply to the fullest extent permitted by applicable laws.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Chinabestprice, its subsidiaries, affiliates, co-brand partners, and other parties with which we are under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Website and/or your breach of the Terms of Use and Privacy Policy, and/or resulting from any and all content you submit to Chinabestprice. We shall provide notice to you of any such claim, suit or proceeding.
These TOU shall be governed in all respects by the non-exclusive jurisdiction of the Hong Kong Special Administrative Region ("Hong Kong") and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the Hong Kong courts.
(pl.16.06.2015)