（October, 2015）

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS.

1. ACCEPTANCE OF TERMS

1.1 WELCOME TO HotOEM.com’s SERVICE (the "Service"). The following sets forth the terms and conditions of the HotOEM.com Terms Of Use (this "Agreement") between you(“Member”) and a HotOEM.com company ("HotOEM.com") under which HotOEM.com offers you access to the Service through the web site identified by the uniform resource locator www.HotOEM.com (the "Site"). Use of the Service indicates that you accept the terms and conditions contained in this Agreement. If you do not accept all of the terms and conditions, please do not use the Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, THE SITE’SPRIVACY POLICY , RELEASE SPECIFICATIONS OF INQUIRY AND PROCUREMENT REQUIREMENTS AND OTHER AGREEMENTS WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY REFERRED TO AS THE "AGREEMENTS"). The HotOEM.com Terms of Use will not take effect unless and until you have activated your Account. Terms not defined in this Agreement shall bear the same meaning as that contained in THE AGREEMENTS. 

 

1.2 You may not use the Service and may not accept the Terms if you are not of legal age to form a binding contract with HotOEM.com, or you are not permitted to receive any services under the laws of People’s Republic of China or other countries / regions including the country / region in which you are resident or from which you use the Service.

 

1.3 HotOEM.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be valid as soon as posted on the Site. Your continuous use of the Service will signify your acceptance of the changed terms

2. THE SERVICE

2.1The registration and use of HotOEM.com is completely free, but some services provided on the Siteshall be charged. The fee standard amay be revised according to the actual need， and possibly some free services may be charged in the future. Before modifications or charging start, the Site will publish a notice in the service page. If you do not agree to the above amendment or fee standard, please cease to use the service.

 

2.2 Benefits, features and functions available to a Member may vary from different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available.

 

2.3 HotOEM.com shall issue a Member ID and Password (the latter shall be chosen by the Member during registration) to each Member to access the Service through such Member's Account. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and are fully responsible for all activities that occur under the Member ID and Password.

 

2.4 A set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another person outside of the Member's business entity. Each Member acknowledges that sharing its Account with other persons, or allowing multiple users outside its business entity to use its Account (collectively, "multiple use") may cause irreparable harm to HotOEM.com and each Member shall indemnify HotOEM.com against any loss or damages (including but not limited to loss of profits) suffered by HotOEM.com as a result of such multiple use of an Account. Each Member hereby undertakes to notify HotOEM.com immediately of any unauthorized use of your Account, Member ID or Password or any other breach of security, and ensure that you properly exit the website at the end of each session. Each Member hereby agrees that HotOEM.com shall not be liable for any loss or damage arising from Member's failure to comply with this Agreement. 

 

2.5 HotOEM.com reserves the right to conduct temporary or permanent changes, modifications, upgrades, restrictions and suspensions to the free services and their relevant functions and applications provided on the Site at any time without notification in advance. But, if the services that have been bought by members need the above operations, the members will be notified in advance.HotOEM.com further reserves the right to introduce new features, functionalities, applications or conditions about the Service or future versions of the Service to each Member. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by HotOEM.com. 

 

2.6 Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Member hereby agrees that in no event shall HotOEM.com be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.

 

2.7 After you successfully complete the registration with HotOEM.com membership, you will be granted an app account of HotOEM.com and supply chain services of all sub-platforms. You are allowed to use the HotOEM.com Member ID and Password to log in to the sub-platforms.(Collectively, the “HotOEM Platforms”). You hereby represent and agree to authorize HotOEM.com to provide all the information and data associated with your Account to the HotOEM Platforms for the purpose of facilitating your easy and fast access to our services.  Your responsibilities with regard to the supply chain services’ accounts shall apply to the same terms and conditions prescribed under this Agreement.

 

2.8 HotOEM.com reserves the right, without prior notice and at its sole discretion, to suspend, restrict or deny access to or use of your accounts and services provided by HotOEM.com and the HotOEM Platforms if you: (a) use the services provided by HotOEM.com, the Site and the HotOEM Platforms to defraud any person or entity; (b) engage in any unlawful activities, including without limitation those which would constitute the infringement of intellectual property rights, a civil liability or a criminal offence; (c) engage in any activities that would otherwise create any liability for HotOEM.com, the Site or the HotOEM Platforms.

 

2.9 All data concerning registration and other information on this platform (including but not limited to product information, order information, company information, evaluation or feedback, complaint content and so on), will be protected by the platform based on the principle of confidentiality. Your personal or corporate information will not be disclosed to the public or sold or rented to any third party, except in the following cases:

● Your permission is obtained before disclosing or providing relevant information.

● Your explicit authorization is obtained in advance of disclosing to a third party.

● Information is disclosed or provided in accordance with the provisions of laws or policies.

● Relevant government departments and judicial organizations require the platform to assist in providing information in line

   with legal procedures, in accordance with relevant national laws.

● We can provide you with goods you required or platform services on the condition that you have disclosed or provided

   your personal information.

● Disclose or provide according to other terms under this Agreement.

3. MEMBER RESPONSIBILITIES

3.1 Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about yourself and your business references as may be required by HotOEM.com and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to HotOEM.com and the HotOEM Platforms to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media 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 or the business of the Member. You confirm and warrant to HotOEM.com that you have all the rights, power and authority necessary to grant the above license.

 

3.2 Upon becoming a Member, you consent to the inclusion of the contact information about you in our database and authorize HotOEM.com and HotOEM Platforms to share the contact information with other Members or otherwise use your personal information in accordance with the Privacy Policy. 

 

3.3 Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Site shall not:

● Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and marketing is prohibited by applicable law, or otherwise promote other illegal activities;

● Be part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose;

● Infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;

● Impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

● Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

● Contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;

● Contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content, or otherwise promote sexually explicit materials or is otherwise harmful to minors;

● Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

● Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;

● Involve attempts to copy, reproduce, exploit or expropriate HotOEM.com's various proprietary directories, databases and listings;

● 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;

● Involve any scheme to undermine the integrity of the computer systems or networks used by HotOEM.com or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks;

● Link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement and THE AGREEMENTS;

● Otherwise create any liability for HotOEM.com or its affiliates.

3.4 Each Member represents, warrants and agrees that with regard to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from its business partners and associates to:

● Act as such Member's business referee;

● Post and publish their contact details and information, reference letters and comments on their behalf;

● That third parties may contact such business referees to support claims or statements made about the Member. 

Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees.

3.5 Members shall not take any action may undermine the integrity of HotOEM.com's feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or leaving unsubstantiated negative feedback for another Member.

3.6 Each Member acknowledges and agrees that HotOEM.com shall neither be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. HotOEM.com 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. 

 

3.7 If you authorize customer service staff of HotOEM.com platform to help you release your procurement requirements and find suppliers, we will review these contents released by you. After obtaining your authorization, HotOEM.com reserves the right to notify you of modifying or deleting nonconforming contents, or to directly delete nonconforming contents. Any consequence caused by the release of false, inaccurate, illegal and/or incomplete contents by the members shall be fully assumed by the members.

 

3.8 Each Member represents, warrants and agrees that it has obtained all necessary third- party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to HotOEM.com or authorizes HotOEM.com to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner of such rights. Each Member further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Site or provides to HotOEM.com or authorizes HotOEM.com to display.

 

3.9 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for HotOEM.com’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, HotOEM.com 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.

 

3.10 You must read HotOEM.com’s Privacy Policy which governs the protection and use of personal information about Users in the possession of HotOEM.com 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.

 

3.11 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.

4. BREACHES BY MEMBERS

4.1 If any Member breaches any Terms or if HotOEM.com has reasonable grounds to believe that such Member is in breach of such representations, warranties and covenants, or if upon complaint or claim from any other Member or third party, or if HotOEM.com has reasonable grounds to believe that such Member has willfully or materially failed to perform its contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the Member has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party, HotOEM.com has the right to suspend or terminate the Service with respect to such Member without any compensation, and restrict or refuse any and all current or future use of the Service or any other services that may be provided by HotOEM.com. Further, HotOEM.com reserves the right in its sole discretion to place restrictions on the number of product listings that a Member can post on the Site for such duration as HotOEM.com may consider appropriate, and to remove any material it reasonably believes to be unlawful, could subject HotOEM.com to liability, violates the Agreements or is otherwise found inappropriate in HotOEM.com's opinion.

 

4.2 HotOEM.com reserves the right to cooperate fully with governmental authorities, private investigators or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, HotOEM.com may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and HotOEM.com shall not be liable for damages or results thereof and each Member agrees not to bring any action or claim against HotOEM.com for such disclosure. In connection with any of the foregoing, HotOEM.com may suspend or terminate the Account of any Member as HotOEM.com deems appropriate in its sole discretion.

 

4.3 Each Member agrees to indemnify HotOEM.com, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of materials or deletion thereof from such Member's use of the Service or from such Member's breach of the Agreements. Each Member further agrees that HotOEM.com is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and the risk of damage from such material rests entirely with each Member. HotOEM.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with HotOEM.com in asserting any available defenses.

 

4.4 If a Member is in breach of the Terms, HotOEM.com also reserves the right to publish the records of such breach on the Site.  If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, HotOEM.com also reserves the right to disclose the records of such breach to HotOEM Platforms. HotOEM Platforms may impose limitation on, suspend or terminate the Member’s use of all or part of the services provided by HotOEM Platforms to the Member, take other remedial actions, and publish the records about the Member’s breach of the Terms on the websites operated by or controlled by HotOEM Platforms.

5. TERMINATION

5.1 The Agreement is effective unless and until terminated by either you or HotOEM.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. HotOEM.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site if in HotOEM.com’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or HotOEM.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise HotOEM.com’s right to any Agreement.

6. SOFTWARES

6.1 If the platform relies on "software" to provide you with platform services, you shall comply with the following conventions:

a) Since the platform may develop different software versions for different terminal equipment, you shall download the appropriate version prior to installation in accordance with the actual needs.

b) If you get unlicensed software or an installation program having the same name as the software from a third party that is not legally authorized, the platform cannot guarantee the normal usage of the software and assumes no responsibility for any loss caused accordingly.

c) In order to enhance user experience and improve service contents, the platform will provide software update services from time to time (the updates may be in the form of software replacement, modifications, function enhancement and version upgrading). In order to improve user experience and ensure service safety and functional consistency, the platform has the right to update the software or change or restrict some functional effects of the software.

d) After new software versions are released, the old versions of software may become unusable. The platform does not guarantee continued availability of the old versions of software and corresponding customer services. Please check for updates and download the latest version.

7. TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS

7.1 Through the Site, HotOEM.com provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers. HotOEM.com reserves the right to limit certain features and functions of the platform to prescribed Members.  Despite the provision of the platform through the Site, HotOEM.com does not represent the supplier or the buyer in specific transactions whether or not such transactions are made via the Site. HotOEM.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

 

7.2 Members are hereby made aware that there may be risks of dealing with people acting under false pretences. HotOEM.com uses several techniques to verify the accuracy of the information our Members provide us when they register on the Site. However, because user verification on the Internet is difficult, HotOEM.com cannot and does not confirm each member's purported identity shown on the Site. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate people you are dealing with.

 

7.3 Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Sites or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Sites. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that Member may incur costs of defense or other costs in connection with third parties’ assertion of third party rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Sites may suffer harms and/or assert claims arising from their use of such products ("Transaction Risks"). Each Member agrees that HotOEM.com shall not be liable to or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks. 

 

7.4 Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site or the Service, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

 

7.5 Member agrees to provide all information and materials as may be reasonably required by HotOEM.com in connection with its transactions made via HotOEM.com.  HotOEM.com has the right to suspend or terminate any Member’s Account if the Member fails to provide the required information and materials.

 

7.6 In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify HotOEM.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

8. LIMITATION OF LIABILITY

8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND HotOEM.com 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 OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. 

 

8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, HotOEM.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. 

 

8.3 Any material downloaded or otherwise obtained through the use of the Service is done at each Member's sole discretion and risk, and each Member is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from HotOEM.com or through or from the Service shall create any warranty not expressly stated in this Agreement.

 

8.4 The Site may make available to Member services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall HotOEM.com and our affiliates be held liable for any such services or products.

 

8.5 Each Member hereby agrees to indemnify and save HotOEM.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such Member's use of the Site or the Service (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save HotOEM.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from Member's breach of any representations and warranties made by Member to HotOEM.com.

 

8.6 Each User hereby further agrees to indemnify and save HotOEM.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that HotOEM.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each Member. HotOEM.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with HotOEM.com in asserting any available defenses.

 

8.7 HotOEM.com 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 or otherwise or any other damages resulting from any of the following:

● Your usage of or the inability to use the Service;

● Any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Site;

● Unauthorized access by third parties to data or private information of any Member;

● Statements or conduct of any Member of the Site;

● Any other matter relating to the Service however arising, including negligence.

8.8 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not HotOEM.com has been advised of or should have been aware of the possibility of any such losses arising. 

9. INTELLECTUAL PROPERTY RIGHTS

9.1 HotOEM.com is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with HotOEM.com or its affiliates. All rights not otherwise claimed under this Agreement or by HotOEM.com are hereby reserved.

 

9.2 “HotOEM”," HotOEM.com "and related icons and logos are registered trademarks or trademarks or service marks of Guangzhou Haier Global Trading Co., Ltd. in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

 

9.3 HotOEM.com may have independent third parties involved in the provision of the Service. You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

10. FORCE MAJEURE

10.1 Under no circumstances shall HotOEM.com and HotOEM Platforms be held liable for an delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including but not limited to, Internet failures, computers, 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, wars, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

11. NOTICES

11.1 All legal notices or demands to or upon HotOEM.com shall be effective if in writing to HotOEM.com at 24/F, A Building, G.T, Land Plaza No.85 Huacheng Avenue, Zhujiang New Town, Tianhe District, Guangzhou, P.R.C

 

11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or e-mail to the last-known correspondence, fax or email address provided by the Member to HotOEM.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such Member if and when. a) HotOEM.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Member, or b) immediately upon HotOEM.com posting such notice on an area of the Site that is publicly accessible without charge.

 

11.3 You herein agree that all agreements, notices, demands, disclosures and other communications that HotOEM.com sends to you electronically satisfy the legal requirement that such communication should be in writing.

 

11.4 To enable you to keep abreast of rich product information and enhance the service experience, the platform or its cooperating third parties may provide you with advertising and marketing information (including but not limited to information about marketing activities, commodity trading, promotions and so on) by SMS, telephone, mail and other means to the extent allowed by relevant laws and regulations.

12. LINK

12.1 HotOEM.com may contain links to other websites, but HotOEM.com does not have control over such websites and resources provided by those websites. Please be cautious about such sites' terms and conditions and privacy before using such sites. HotOEM.com does not endorse and is not responsible for the validity of any content, advertising, service, products or information from said linking websites. Each Member acknowledges that HotOEM.com is not liable, or responsible, directly or indirectly, for any damage or loss caused by any content, advertising, service, product or information from the linking websites.

13. GENERAL

13.1 This Agreement and the Release Specifications of Inquiry and Procurement Requirements and other agreements on the site constitute the entire agreement between the Member and HotOEM.com with respect to and governs the use of the Service, superseding any prior written or oral agreements in relation to the same subject matter herein. 

 

13.2 HotOEM.com and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

13.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 

 

13.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

 

13.5 HotOEM.com 's failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will neither waive that right nor waive HotOEM.com 's right to act with respect to subsequent or similar breaches.

 

13.6 HotOEM.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of HotOEM.com). The Member may not assign, in whole or part, this Agreement to any person or entity.

14. JURISDICTION 

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA (“P.R.C”) IF YOU CONTRACT WITH GUANGZHOU HAIER GLOBAL TRADING CO., LTD. AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF COURTS IN QINGDAO, PRC.ANY DISPUTE ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT SHALL BE SUBMITTED TO CHINA INTERNATIONAL ECONOMIC AND TRADE ARBITRATION COMMISSION （CIETAC） FOR ARBITRATION WHICH SHALL BE CONDUCTED IN ACCORDANCE WITH THE CIETAC'S ARBITRATION RULES IN EFFECT AT THE TIME OF APPLYING FOR ARBITRATION. THE PLACE OF ARBITRATION IS BEIJING. THE ARBITRAL AWARD IS FINAL AND BINDING UPON BOTH PARTIES.

 

The platform reserves the right of final explanation to all provisions under this Agreement.