The Seller warrants that:
1. All goods originate and are procured from places outside of Mainland China (Hong Kong Special Administrative Region, Macau Special Administrative Region and Taiwan are regarded as outside of Mainland China), and are original genuine overseas goods;
2. Its place of registration is outside of Mainland China.
This Agreement is made between you and the operator of the GlobalMai website (www. globalmai.com) (the “Company”), and is an effective agreement
1、This Agreement includes the main text and all rules already or will be published by the Company (hereinafter referred to as the “Relevant Rules”). All Relevant Rules are an integral part of this Agreement and have the same legal effect as the main text of this Agreement. Except otherwise expressly stated, any company and its affiliated companies who use the services provided by GlobalMai website (hereinafter referred to as "Services") will be bound by this Agreement.
2、You must carefully read the full content of this Agreement before using the Services. If you have any questions regarding the Agreement, you should consult the Company. However, regardless of whether you have actually read this Agreement carefully before using the Services, as long as you use the Services, you will be deemed to be bound by this Agreement. You may not use the reasons of not having read the Agreement or not having received answers to inquiries from the Company as a basis to invalidate or cancel the Agreement.
3. You undertake to accept and comply with this Agreement and all Relevant Rules. If you do not agree with this Agreement or any of the Relevant Rules, you must immediately cease the registration / activation process or cease use of the Services.
4. The Company has the right to amend this Agreement and/or any Relevant Rules at any time according to its needs. The amended and restated terms will be posted at the official website, and you will be notified individually via register email. The amended and restated Agreement and/or Relevant Rules will automatically take effect once it is posted at the website. If you do not agree with the changes, you must cease use of the Services immediately. Your continued use of the Services shall be deemed as your acceptance of the amended Agreement and/or Relevant Rules.
1. Eligibility of the Registrant By using the Services in a manner allowed by the Company, you acknowledge that you are a natural person of at least 18 years of age who has full legal capacity, a legal person, or other organization. If you do not meet these eligibility requirements, you and your guardian must bear all resulting consequences, and the Company has the right to cancel or permanently freeze your account, and make claims against you.
2. Registration and Account
a） From your first use of the GlobalMai website, clicking on the page tips, and have read and agreed to the provisions of this Agreement, or when you use the Services via other methods allowed by other companies, you will be bound to the terms of this Agreement and all Relevant Rules.
b） Unless there are legal provisions or judicial decisions, or in compliance with the Company’s conditions, otherwise your login name and password may not be transferred, gifted or inherited by any means. Transfers, gifts or inheritances may only be processed after providing necessary documents as requested by the Company, and will be handled in accordance with the Company’s operating procedures.
3、User Information
a）When using the Services, you should update your user information from time to time in order to ensure it remains true, updated, complete and accurate. If there are reasonable grounds to doubt that the information you provided is incorrect, false, outdated or incomplete, the Company has the right to make an inquiry and/or request changes, and also has the right to directly delete any corresponding information, until the suspension or termination of the Services (in full or in part) provided to you. The Company does not assume any responsibility in this respect, and you are liable for any resulting direct or indirect losses and adverse consequences.
b）You must accurately fill in and update the contact information you provide to the Company such as email address, contact number, address, postal code etc. in order that the Company or other users can effectively contact you. If you cannot be contacted by such contact information, you are solely responsible for any resulting losses or costs incurred while using the Services. You understand and agree that you must maintain the validity of the contact information you provide, any changes or updates must be carried out in accordance with the Company’s requirements.
4. Account Safety
You are solely responsible for the confidentiality of your login name and password, and all activities that occur under your login name and password (including, but not limited to, disclosure or release of information, clicking “agree” or “submit” to accept any Relevant Rules online, renewing agreements or purchasing services online etc.) Make sure to correctly exit / log-out of the website / Services at the end of each online session. The Company cannot and will not take responsibility for any losses or damages that are incurred as a result of your failure to comply with this provision. You understand that a reasonable amount of time is required for the Company to take action in response to your request, and the Company will not assume any responsibility for any consequences incurred before any action is taken by the Company (including, but not limited to any losses incurred by you).
5. Cancellation of Login Name.
a）If you do not login to the GlobalMai website for three (5 consecutive years, your login name may be cancelled. If your login name is cancelled, you will no longer be able to use it to login to the GlobalMai website and all related Services will be terminated.
b）Where you carry out any act of deceiving, posting or selling of fake / inferior / counterfeit goods, that infringes upon the legal rights of others on any GlobalMai Website, or that violates other laws and regulations or any GlobalMai Website rules, you agree and authorize GlobalMai Websites to have the right to fully disclose such acts to any or all GlobalMai Websites. Your GlobalMai login name may be cancelled, and you will no longer be able to login to any GlobalMai Websites, and all GlobalMai Website services will be terminated simultaneously.
1. Through the Services and other services provided by the Company and (or) its affiliated companies, you may post trade information, inquire about product and services, agree to and complete transactions , review other GlobalMai website members, participate in activities organized by the GlobalMai website, and use other information and technical services at the GlobalMai website.
2. During your use of the Services, you are solely responsibility for the payment of all resulting taxes, costs for all hardware, software, services and any other fees.
1. During your use of the Services of the GlobalMai website, you undertake to comply with the following provisions:
a) All acts conducting during use of the Services must comply with all national laws, regulations, rules and requirements, must not violate social public interest or public morals, must not adversely affect the legitimate rights and interests of others, and must not violate this Agreement and the Relevant Rules. If you violate any of the above undertakings, and the violation results in any legal consequences, you must individually bear all legal responsibilities, and ensure that the Company and its affiliated companies are exempt from any resulting losses.
b) To act in good faith, not to undertake any behavior of unfair competition, not to disturb the normal order of online transactions, and not to engage in actions unrelated to online transactions during any transaction with other members.
c) Not to post any goods or services information: prohibited or restricted to be sold by applicable national laws (except with a valid and effective government permit); that may infringe upon the intellectual property rights or other legal rights and interests of others; that violates social public interests, public morals or that the Company considers unsuitable for sale on the GlobalMai website and not to post other information that may violate the law or this Agreement and Relevant Rules.
d) Not to post inappropriate reviews of other members by making fictitious statements or distorting facts, not to use inappropriate means to make up or increase your own credit rating or make up or increase (lower) the credit rating of other members.
e) Not to commercially use any data of the GlobalMai website, including but not limited to, to not copy or disseminate etc. and use information displayed on the GlobalMai website without the prior written consent of the Company.
f) Not to use any devices, software or routine procedures to interfere or attempt to interfere with the normal operation of the GlobalMai website, or any transaction or activity carried out on the GlobalMai website. You must not carry out any action that will cause a large data load to the network system of the GlobalMai website.
2. You understand and agree that:
a) The Company has the right to unilaterally decide whether you have violated any of the aforementioned undertakings, and to carry out any measures or terminate the Services provided to you in accordance with the Relevant Rules without your consent or prior notice to you.
b）In order to maintain the order and safety of transactions at the GlobalMai website, where there are disruptions to the normal market transaction order, such as malicious purchases etc., the Company has the right to close corresponding orders and other measures.
c) Where any legal document made effective by the administrative or judicial authorities of any country confirms that you have performed an illegal or infringing act, or where the Company unilaterally determines that your actions may violate the provisions of this Agreement and/or the Relevant Rules or may violate any applicable laws and regulations, the Company has the right to publicize such illegal acts or violations of contract and the measures that the Company has taken against you to the GlobalMai website.
d) Regarding the information you have posted at the GlobalMai website that may have violated the law, infringed upon the legal rights and interests of others, or violated the provisions of this Agreement and/or the Relevant Rules, the Company has the right to delete such information after notifying you, and to carry out corresponding enforcement actions in accordance with the relevant regulations.
e) You must individually bear all legal liabilities arising from the damages caused to any third party caused by possible violations of this Agreement, , and ensure that the Company and its affiliated companies are exempt from any resulting losses or costs.
f) If the Company suffers from any loss, is subject to any third party claims, or is penalized by any government department as a result of your violations of any relevant laws, this Agreement or any Relevant Rules, you must compensate the Company for the losses and/or costs incurred, including reasonable legal fees.
You fully understand and irrevocably grant the following rights to the Company and its affiliated companies:
1. You fully understand and irrevocably authorize the Company, a third party authorized by the Company, or a third party agreed between you and the Company, in accordance with this Agreement and Relevant Rules, to handle all actual and potential trade disputes that occur on the GlobalMai website. You agree to accept the judgment and the determination of the Company, third party authorized by the Company, or third party agreed between you and the Company. The determination will be legally binding on you.
2. Once you violate this Agreement or any Relevant Rules, or other agreements made with the Company or its affiliated companies, the Company has the right to notify its affiliated companies in any manner, and request them to impose restrictions on you, including but are not limited to, request you to make payment to a party specified by the Company via your GlobalMai account, to suspend or terminate services provided to you (in part or in full), or to publicize your violation on any website that it operates or effectively controls etc.
1. The Company will provide the Services to you on an “as is" and "as available" basis. However, the Company does not make any express or implied warranties in relation to the Services, including but not limited to, the suitability of the Services, the Services contain no errors or omissions, and durability, accuracy, reliability, and fitness for a particular purpose of the Services. The Company does not make any undertakings or guarantees regarding the validity, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technology and information related to the Services.
2. You understand that information on the GlobalMai website is posted by users individually, and that such information may contain risks and flaws. GlobalMai is merely a platform where you can obtain goods or services information, find trade partners, carry out negotiations regarding goods and/or services transactions, and carry out transactions, and cannot control the quality, safety or legality of the goods and services involved in such transactions, the truthfulness and accuracy of the merchant’s information, or the capabilities of various transaction parties in fulfilling various obligations stipulated in transaction agreements. You should carefully consider the authenticity, legality and validity of relevant goods, services, information and/or transactions.
3. Unless expressly required by laws and regulations, otherwise the Company has no obligation to conduct an initial review of all user data, goods (services) information, trading behavior and other matters related to a user’s transactions. However, the Company has the right to review any user data, goods (services) information, trading behavior and other matters related to a user’s transactions in the following circumstances:
a) Where the Company has reasonable grounds to believe that a specific member or a specific transaction may be involved in a major violation of the law or breach of contract.
b) Where the Company has reasonable grounds to believe that a user's behavior on the GlobalMai website is illegal or inappropriate.
4. The Company, a third party authorized by the Company, or a third party agreed between you and the Company has the right to, based on your irrevocable authorization, handle trade disputes that arise between you and other members, and independently make a determination based on the facts relevant to the dispute and in accordance with the applicable rules . This includes, but is not limited to, adjusting the transaction status of the related order, and requesting GlobalMai to remit the full or partial amount of the disputed payment to either or both parties of such transaction. The determination will be binding on you. If you do not implement the determination within the deadline, the Company has the right (but no obligation) to directly use the funds in your GlobalMai account to execute the determination.
You understand and agree that the Company, third party authorized by the Company or a third party agreed between you and the Company are non-judicial bodies and can only identify any evidence by a reasonable man’s standard. The handling of a dispute by the Company, third party authorized by the Company, or a third party agreed between you and the Company, is completely based on your irrevocable authorization, and it will not guarantee that the determination will fulfill your expectations, and will not bear any responsibility in relation to such determinations. If you suffer any loss as a result, you agree to individually claim damages from the beneficiary.
Regardless of any situation, the Company will not be liable for the inability to provide Services or the delay in providing Services caused by normal system maintenance of the GlobalMai website network, network connection failure, computer, communications or other system failure, power failure, strikes, labor disputes, riots, protests, disturbances, lack of productivity or production materials, fire, floods, storms, explosions, wars, government behavior, judicial or executive orders, or any third party action.
1. You agree that the Company has the right and full discretion and for any reason without prior notice to suspend or terminate part of or all of the Services provided to you, to temporarily freeze or permanently freeze (cancel) your account’s rights and access on the GlobalMai website, and will not be liable to you or any third party.
2. The Company has the right to terminate this Agreement and permanently freeze (cancel) your account’s rights and access on the GlobalMai website in the following circumstances:
a) After the Company terminates the provision of Services to you, you are suspected of registering and using the Services directly, indirectly or in the name of another person again;
b) The email address you have provided does not exist or is unable to receive emails, and there are no other ways to contact you, or the Company notifies you through other means to change your email information but you have not changed your email to a valid email address within three (3) working days of the Company's notification;
c) Core user information you have provided is untrue, inaccurate, outdated or incomplete;
d) This Agreement (including the Relevant Rules) has been revised, and you express and notify the Company that you are not willing to accept the revised Agreement or the Relevant Rules;
e) Any other circumstances where the Company believes that any Service should be terminated.
3. The Company has no obligation to retain or disclose to you any information in your account, or forward to you or any third party any information you have not read or has been sent after your account has been terminated or your account’s rights and access on the GlobalMai website have been permanently frozen (cancelled).
4. After the Company suspends or terminates the Services provided to you, the transactions before the suspension or termination of Services must be processed in accordance with the following principles. You must independently handle any disputes, and fully bear any losses or any extra costs incurred that arise as a result of the following processes, and must ensure that the Company and its affiliated companies do not incur any resulting losses or bear any costs:
a) Before the suspension and termination of the Services, you had already uploaded goods on the GlobalMai website but such goods that are not part of any transaction, the Company has the right to delete the relevant information of these goods at the same time it suspends or terminates the Services;
b) Before the suspension and termination of the Services, you had already entered into a sale and purchase contract with another member but the contract has not been performed yet, the Company has the right to delete such sales and purchase contract and the relevant information of the traded goods;
c) Before the suspension and termination of the Services, you had already entered into a sale and purchase contract with another member and the contract have been partially performed, the Company may choose to not delete such transaction, but the Company has the right to notify the other party of the situation when it suspends or terminates the Services.
The Company will publish its privacy policy on the GlobalMai website, and may revise it from time to time. The privacy policy constitutes an effective part of this Agreement.
MATHYKAY HONG KONG LIMITED Address：Rm C，2/F.，Capital Trade Centre，62 Tsun Yip Street，Kwun Tong，Hong Kong SAR
