Last Modified: March 12, 2024

This Terms of service is issued by Daisch Technology Co., Ltd. and its affiliates (together, “Daisch”, “we”, “us” and “our”) and is addressed to individuals outside our organization with whom we interact, including customers, visitors to our sites, users of our site, recipients of any of our other products or services (together, “you”). The Agreement is applicable to all the users or browsers accessing Daisch’s websites that reference or link to this Agreement. We may update this Terms of service to reflect changes to our service practices. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the site you used prior to the change becoming effective. All changes shall be effective from the date of publication unless otherwise provided.

Application and Acceptance of the Terms

Before creating an account on Daisch’s websites or using Daisch’s Services, you should carefully read and fully understand all the terms and conditions of this Agreement, especially those regarding service fees, applicable laws, dispute resolution, the exemption of Daisch from liabilities or restrictions to its liabilities, and your rights and obligations. Those terms and conditions are highlighted in bold for your convenience.

By clicking “Agree” on the relevant web page and/or creating and using an user account (hereinafter “Account”), you are regarded as having read, understood, and agreed to this Agreement and to be bound by its terms. If you do not agree to this Agreement, you have the right to exit and cease using Daisch’s Services.

Eligibility

According to laws and regulations, you must be at least 16 years of age. If your country’s national law requires full civil capacity to be older than 16 years old, you should have reached the required age. If you register as a user on this site, Daisch will default to you as a fully civil capacity people.

Additional Agreements

You may be required to enter into a separate agreement, whether online or offline, with Daisch or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.

Provision of Services

You must register as a member on the Sites in order to access and use some Services. 

Some Services may be provided by Daisch’s affiliates on behalf of Daisch.

Regions and countries

Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Daisch may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.

Service Adjustment

Daisch reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that Daisch may impose in our discretion.

Daisch may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.

User’s Responsibilities

As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Sites or Services. You represent, warrant and agree that you have full power and authority to accept the Terms in this agreement. You agree to use the Sites or Services solely for your own private and internal purposes.

Prohibition of Malicious Use

You will not copy, reproduce, download, compile or otherwise use any Sites Content for the purposes of operating a business that competes with Daisch, or otherwise commercially exploiting the Sites Content. Systematic retrieval of Sites Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Daisch is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.

Privacy Policy

You must read our Privacy Policy which governs the protection and use of personal information about Users in the possession of Daisch and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.Upon becoming a Member, you consent to authorize Daisch to store and use your information in accordance with the Privacy Policy.

The third partie clause

Daisch may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web site. You are cautioned to read such web site’ terms and conditions and/or privacy policies before using the Site. You acknowledge that Daisch has no control over such third parties’ web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.

Each Member represents, warrants and agrees that any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”).

Non-undermine clause

You agree not to undertake any action to undermine the integrity of the computer systems or networks of Daisch and/or any other User nor to gain unauthorized access to such computer systems or networks.

The User Content

Each user of our site represents, warrants and agrees that the User Content that you submit, post or display shall:

• (a) be true, accurate, complete and lawful;
• (b) not be false, misleading or deceptive;
• (c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
• (d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• (e) not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.

By posting or displaying any information, content or material (“User Content”) on the Sites or providing any User Content to our sites or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to our sites to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, such as using as product description on our sites,advertising outside our sites and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to Daisch that you have all the rights, power and authority necessary to grant the above license.

Member Accounts

Registration

A User must be registered as a Member on the Sites to access or use some Services.

Except with Daisch’s approval, one User may only register one member account on the Site. Daisch may cancel or terminate a User’s member account if Daisch has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, Daisch may reject User’s application for registration for any reason.

You will be required to provide information or material about your entity as part of the registration process on the Sites for a member account. Each Member represents, warrants and agrees that

• (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and
• (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

Confidentiality and security

A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify Daisch immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

Authorization

Member agrees that all activities that occur under your account (including without limitation, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, uploading or disclosing any information or pictures) will be deemed to have been authorized by the Member.

Member’s Responsibilities

In addition to complying with The User’s Responsibilities, each Member further represents, warrants and agrees that you shall:

• (a) carry on your activities on the Sites in compliance with any applicable laws and regulations;
• (b) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
• (c) not use the Services or Sites to defraud any person or entity;
• (d) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
• (e) not engage in spamming or phishing;
• (f) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
• (g) not involve attempts to copy, reproduce, exploit or expropriate Daisch’s various proprietary directories, databases and listings;
• (h) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
• (i) not involve any scheme to undermine the integrity of the data, systems or networks used by Daisch and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
• (j) not engage in any activities that would otherwise create any liability for Daisch or our affiliates.
• (k) Member may not use the Services and member account messaging to engage in activities which are identical or similar to Daisch’s e-commerce business.
• (l) Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Daisch’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Daisch shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
• (m) Member acknowledges and agrees that Daisch shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Daisch does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

Compensation liability

Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to Daisch or other Users of the Sites. Member shall indemnify Daisch, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Daisch shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.

Purchases & Payments

If you purchase a Product through Daisch’s websites, you may be required to provide your billing and shipping information as well as information regarding your credit or debit card (each, a “Payment Card”) so that we may charge you for the costs and fees associated with your purchase. You represent and warrant that you are the authorized account holder on all Payment Cards you submit through Daisch’s websites, and acknowledge and agree that we have the right to charge your Payment Card for the cost of the Products, and all taxes, shipping, and handling fees communicated to you at the time of your purchase.

At our sole discretion, you may be permitted to purchase certain Products through Amazon.com (“Amazon”), or by using the payment processing services of PayPal.com (“PayPal”). You understand and agree that Amazon and Paypal are Third Parties, as that term is defined below, and that if you choose to complete any portion of your purchase through these Third Parties, your purchase may be governed by the terms of service, privacy policies, refund policies, and other policies and agreements of such Third Parties. It is up to you to familiarize yourself with the policies and agreements of these Third Parties.

Daisch will bear the risks and responsibilities in the transportation of goods. In some cases, these responsibilities and risks are transferred to the express logistics service provider. After you sign the goods, the risk of loss of goods will transfer to you.

Limitation of Liability

To the maximum extent permitted by law, the services provided by Daisch on or through the sites are provided “as is”, “as available” and “with all faults”, and Daisch hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.

No Warranties

We, on behalf of ourselves and our licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding Daisch’s Services, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither we nor our licensors or suppliers warrant that Daisch’s Services will meet your requirements, or that the operation of Daisch’s Services will be uninterrupted or error-free. We disclaim all implied liability for damages arising out of the furnishing of Daisch’s Services pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to furnish Daisch’s Services, whether caused by acts of commission or omission, or any other damage occurring. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of us, Daisch Companies, or our users, or their agents or representatives.

Your Responsibility for Loss or Damage

You agree that your use of Daisch’s Services is at your sole risk. You will not hold us or our licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of Daisch’s Services, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. Daisch’s Services may contain bugs, errors, problems, or other limitations.

Limitation of Liability

In no event shall we or our licensors or suppliers be liable to you for any claims arising from your use with Daisch’s Services, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to us or our licensors and suppliers arising out of or in connection with your use of Daisch’s Services. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and us. Daisch’s Services would not be provided without such limitations.

Application of Disclaimers

The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and us or between you and any of our licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Our licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through Daisch’s Services or otherwise shall alter any of the disclaimers or limitations stated in this section.

No Advice

Nothing on Daisch’s Services constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Intellectual Property Rights

Daisch is the sole owner or lawful licensee of all the rights and interests in the Sites and the Sites Content. The Sites and Sites Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Sites Content shall remain with Daisch our affiliates or licensors of the Sitse Content, as the case may be.All rights not otherwise claimed under the Terms or by Daisch are hereby reserved.

Our site and related icons and logos are registered trademarks or trademarks or service marks of Daisch.

Daisch may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

Indemnity

Without limiting any indemnification provision of this Agreement, you (the “Indemnitor”) agree to defend, indemnify, and hold harmless us and Daisch Companies (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim”, and collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to us, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of Daisch’s Services or Products; (iv) your provision to us or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (vi) your violations of Section 8 regarding prohibited uses of Daisch’s Services and other prohibited conduct; or (vii) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Daisch Companies.

Daisch shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.

Notwithstanding any of the foregoing provisions, the aggregate liability of Daisch, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to Daisch or our affiliates during the calendar year and (b) RMB ¥5,000. The preceding sentence shall not preclude the requirement by the User to prove actual damages.All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose.

Termination

Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny the use of Daisch’s Services to any person for any reason or no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by us.

Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use Daisch’s Services. Upon termination, we may, but has no obligation to, in our sole discretion, rescind any Services and/or delete from our systems all your Personal Information and any other files or information that you made available to us or that otherwise relate to your use of Daisch’s Services. Upon termination, you shall cease any use of Daisch’s Services. After termination, we reserve the right to exercise whatever means it deems necessary to prevent your unauthorized use of Daisch’s Services, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.

Dispute Resolution

This Agreement is governed by the laws of the People’s Republic of China. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the rules of the Shanghai Intemational Arbitration Center The arbitral tribunal shall consist of three arbitrators appointed in accordance with the said rules. The language of the arbitration shall be Chinese. The place of arbitration shall be Shanghai, China.

Notices

All notices required or permitted to be given under this Agreement must be in writing. We shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to us. You agree that any notice received from us electronically satisfies any legal requirement that such notice is in writing. You bear the sole responsibility of ensuring that your email address on file with us is accurate and current, and notice to you shall be deemed effective upon the sending by us of an email to that address. You shall give any notice to us by submitting said notice to us by email: [email protected].

Miscellaneous

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under the Agreement without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Agreement.

Severability

If a provision of the Agreement. is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

No Waiver

A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Independent Contractors

You and we are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

No Third-Party Beneficiaries

There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and our licensors and suppliers (to the extent expressly stated in this Agreement).

Force Majeure

Under no circumstances shall Daisch be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

Entire Agreement

This Terms of Use, together with our privacy policies, constitute the entire agreement between you and us in relation to your use of Daisch’s Services, and supersede all previous agreements in respect of your use of Daisch’s Services.

Contact Us

If you have any questions about our Terms of Use, please contact us by email: [email protected].