Term of Use
This agreement is a contract made by and between BOCEglobal users (hereinafter referred to as “User”) and BOCEglobal operator Tianjin Bohai Commodity Exchange Co., Ltd. Articles of this agreement apply to user employing tools and services of BOCEglobal website (www.boceglobal.com, hereinafter referred to as “BOCEglobal”).Once you consent to this agreement; it will have legal binding between user and BOCEglobal immediately.
Whether you read this agreement before registration or not, once you become a user following BOCEglobal registration process, your behaviors shows you and your company consent to and sign this agreement.
This agreement does not involve in legal relation and dispute caused by online trade between you, your company and other BOCEglobal users. So you must read all agreement content carefully. If you have any questions, you can consult BOCEglobal.
The content of this agreement includes the agreement body and other released or upcoming regulations (including but not limited to legal declaration, privacy terms, etc.). All these regulations are indivisible parts of this agreement, and have equal legal effect with the body of this agreement.
When necessary, we will modify or update the content of this agreement. We will publicize every modification and update in BOCEglobal website, but will not notice every user additionally. If you disagree with modified agreement articles, please stop using services of this platform immediately. Modified and updated articles take effect immediately once they are publicized in this platform. If you log in and continue to use BOCEglobal services, it shows you have already read and accepted modified or updated articles.
Ⅱ Definition of User Registration and User Eligibility
1. Definition of User Registration
User registration is the process that legal entity wishing to become BOCEglobal registered user login on BOCEglobal, fill relative registration information, and consent to fulfill this agreement(specific registration steps can be found in “Help Center” on International Trading Platform website).
2. Eligibility of BOCEglobal Registered User
BOCEglobal only opens for persons or organizations that have a full capacity of civil conduct, and are able to conclude a contract and fulfill obligations according to the contract. If you are not eligible, please do not use any services provided by this platform.
After you promise you are eligible and totally agree with this agreement, please finish registration process according to BOCEglobal requirements. Receiving notification that you register successfully and can employ platform service, you become a user of BOCEglobal, and you can enjoy specific services offered by this platform according to different user rights.
Ⅲ Rights, Responsibilities, and Obligations of User
1. User should provide true documents, ensure effectiveness and security of information such as email address, contact telephone, contact address, post code, and make sure BOCEglobal and other BOCEglobal user can contact you with above information. Meanwhile, user should update registration documents when they changes. User should promise not register in BOCEglobal with other’s documents.
2. User registration documents include any documents provided for BOCEglobal or other users in any public appearances, or through any emails during registration, trade, or product presentation, which include but not limited to documents listed in above article 3.1, any data, text, software, music, sound, photo, picture, film, sentence or other materials. User should promise registration documents will not infringe any third party intellectual property or other legitimate interest, disobey any laws, rules, regulations, and take all responsibilities. BOCEglobal is only a passive channel receiving user registration documents. If BOCEglobal thinks any registration document may let it bear any legal or moral responsibilities, may let it (entirely or partially) lose service from its network service providers or other providers, or user does not login on or relogin on website in regulated time of BOCEglobal, BOCEglobal owns the right to take necessary or proper actions against above registration documents, including but not limited to delete this sort of documents. User should promise and affirm registration documents submitted to BOCEglobal have all rights, including all copyright; BOCEglobal has no responsibility to affirm or decide which part of submitted documents should be protected, and is irresponsible for other user using registration documents.
3. User owns the right to have username and password, and can login on BOCEglobal with the username and password anytime. User should not leak, transfer, or authorize others to use the username and password; user bears all responsibilities otherwise.
4. User can fill product information, modify product or company information to ensure correction of login information, sell product online, sign trade contract with other users, attend relevant activities, and enjoy other information service of BOCEglobal according to this agreement and relative regulations of BOCEglobal.
5. User should not sell forbidden or restricted products, trade any product which may let BOCEglobal breach any laws, rules, or regulations, trade product infringing others intellectual property or other legitimate interest, trade product disobeying public interest or morality, or trade product which is thought improper in BOCEglobal by BOCEglobal.
6. If user finds illegal action or behavior disobeying this agreement of other users, user can report it to BOCEglobal. If user has trade dispute with other users, and they all consent to deal with BOCEglobal’s help, they should allow BOCEglobal to check their communication record in BOCEglobal, accept, and execute conciliation of BOCEglobal
7. User should obey the principle of honest, take no unfair competition, keep normal online trade order, does not engaged in irrelevant actions with online trade.
8. User promises to obey national laws, rules, regulations of BOCEglobal, and public interest or morality. User should bear all responsibilities toward any legal consequence.
9. User should not harm security system or function of this website, spread virus, or spread any technologies which may harm interest of BOCEglobal or other users.
10．User should not copy, modify, or spread website content, copyright and trademark of BOCEglobal.
11. User should not collect user documents including email address, etc. without other user agreement.
12. User consents to not commercially use BOCEglobal website information and documents, including but not limited to using any documents presented in BOCEglobal website through copying, spreading without written permission of BOCEglobal.
13. User consents to receive messages of BOCEglobal.
14. User consents to compensate for the loss of BOCEglobal, which is cause by any third party compensate claim, or by administrative authority fine because user breaches relevant laws or this agreement, or infringes third party rights.
Ⅳ Rights, Responsibilities, and Obligations of BOCEglobal
1. BOCEglobal is only a product presentation and trading platform, but it does not take part in trade directly with a seller or buyer indentity. BOCEglobal is unable to ensure the authenticity, accuracy, legality, and effectiveness of buyer or relative information, and trade parties’ abilities to fulfill every obligations of their contract. But BOCEglobal will take actions to evaluate seller, make it public, and remind buyer to judge sellers and their credit position cautiously.
2. BOCEglobal maintain normal operation of online trade platform with current technology, improve and update technology to make user has a smooth trade process. But BOCEglobal takes no responsibility of online interruption because of data maintenance update, etc.
3. BOCEglobal should respond to user problems about trade or registration immediately.
4. BOCEglobal owns the right to delete information, froze an account, terminate service toward user’s improper and illegal behaviors, or any other circumstances which BOCEglobal thinks should terminate service without user consent.
5. Because of particularity of online trade platform, BOCEglobal has no obligation to examine all users registration documents, all trades, and other affairs relevant with trade. But toward following circumstances:
A. User or a third party informs BOCEglobal that a specific user or trade may have major problem;
B. User or a third party informs BOCEglobal that trade platform has illegal or improper behaviors, BOCEglobal can apparently think those content or behaviors improper or illegal with its non-professional trade knowledge;
BOCEglobal owns the right to keep or delete relevant information, or continue, stop provide service to this user and held it accountable according to different circumstances.
6. As an electrical trade platform, BOCEglobal obeys following principles:
A. Never create, audit, edit, examine, verify user login information:
B. BOCEglobal never allows seller and buyer have offline trade, and bears no responsibility for trades which disobey the regulation;
C. BOCEglobal is unable to have expertise of products trademark right, copyright, patent right, dealership, and price system of third party intellectual property rights holders.
7. If users have dispute in online trade process, and they all request BOCEglobal to conciliate, BOCEglobal owns the right (having no obligation) to conciliate and deal with above dispute. BOCEglobal owns the right to ask for information from both parties via email, and respectively inform one party about other party’s information via email. BOCEglobal’s conciliation and disposal does not have executive force toward above dispute, and also does not affect any legal right of seller and buyer. BOCEglobal make its own judgement according to its understanding of the dispute, but it takes no responsibility of conciliation and disposal, and assumes no compensation for dealing with dispute.
8. BOCEglobal owns the right to check, and evaluate user registration documents, and trade behaviors. If it finds any questions or have any doubts, it can inquire users, inform them for modification, or directly delete information, etc.
9. If there is a legal instrument or administrative penalty decision affirming user having illegal behaviors, or BOCEglobal has sufficient truth or legal ground which affirms user having illegal or disobeying agreement behaviors, BOCEglobal owns the right to publish this illegal behavior in BOCEglobal website.
10. Toward following information user released in BOCEglobal
A. including but not limited to using for avoiding expense; credit speculation;
B. BOCEglobal believes having cheat or false content;
C. BOCEglobal believes having irrelative purpose with online trade;
D. BOCEglobal believes having hostile bidding or other elements trying to disorder normal trade order;
E. BOCEglobal believes disobeying public interest or severely harm legitimate interest of BOCEglobal and other users.
BOCEglobal owns the right to delete or take other restraint actions without informing user.
11. Licensed Use
User hereby authorizes BOCEglobal exclusive, global universal, permanent, free licensed use right (including reauthorization right of it), makes BOCEglobal own the right (entirely or partially) to use, copy, revise, modify, publish, translate, distribute, execute, and present all information user showing in the website, or make derivations, bring information into other works with current and future forms, media, or technology.
BOCEglobal respects your privacy and takes your online safety seriously. In order to provide you with the best products and efficient customer service, we record a variety of information from your visit to our site.
Except as otherwise regulated by law or for the purpose of public security, we will not disclose their information to any third party without their agreement.
A. BOCEglobal only asks for specific types of personal information
When you create a BOCEglobal Account, register your products, apply for commercial credit, purchase a product, or participate in an online survey, we may collect a variety of information, including but not limited to your name, mailing address, phone number, email address, contact preferences, and credit card information. In our website, Users are required to provide information that will enable us to enhance their site visit, to assist them with purchase and technical support issues or to follow up after visit. The information we may request includes name, e-mail address, phone number, address, company name, customer preference information, customer number and order number, as well as other similar personal information.
B. BOCEglobal only uses your personal information for specific purposes
The information provided will be kept confidentially and used to support customer relationship with BOCEglobal. Among other things, we want to help users quickly find information on BOCEglobal and alert the product upgrades, special offers, updated information and other new products and services from BOCEglobal. In addition, BOCEglobal may be required to disclose personal information in connection with law enforcement, fraud prevention, regulation, and other legal action or if we reasonably believe it is necessary to do so to protect BOCEglobal, the customers or the public.
C. BOCEglobal will not disclose personal information to any organization or third party for marketing without user consent any user information will not be given or sold to any organization for its use in marketing or solicitation without user consent. The information may be shared with agents or contractors of BOCEglobal for the purpose of performing services from BOCEglobal.
You should clearly understand and consent to that BOCEglobal disclaims responsibilities for any following circumstances, including but not limited to the loss compensation or other intangible loss compensation of benefit, goodwill, employment, data, and other aspects (whether BOCEglobal is informed the probability of this loss compensation or not).
1. Any incidents relevant with platform service caused by force majeure;
2. Employment of platform service or not;
3. Unapproved access of third party or modified transmit data by third party;
4. Declaration or behavior about platform service from any third party;
5. Any other matters relevant with platform service which is not caused by this platform, including negligence.
Notification should be sent by email or other mutual agreed measures.
If it is sent by email, after twenty four (24) hours, notification should be regarded as delivered.
2. Registered Mail
Through postage-paid registered mail attached with receipt, BOCEglobal can also send notification to the address submitted to the cross-border e-commerce platform by users when they finish their registration. Under this circumstance, three (3) days from sent date (that date included), notification is regarded as delivered.
3. Telephone Call
If both sides agree on sending notification through an appointed telephone call, BOCEglobal will send a confirmation email to the user after the call. After twenty four (24) hours, notification should be regarded as delivered.
4. Express Delivery
As for both sides agreeing on sending notification through express, notification should be regarded as delivered on the received date, if the received date is within seven days (seventh day included) from the sent date (that date included); notification should be regarded as delivered on the seventh (7) day after sent date, if the received date is beyond seven days from the sent date (that date included).
Ⅵ Force Majeure
BOCEglobal assumes no responsibility for postponing performance of the contract or breaching the contract, or not fulfilling the contract completely under uncontrollable circumstances, which include but not limited to earthquake, cyclone, flood, war, terrorist attack, strike, national policy adjustment, government action, network transmission failure, network provider fault, hacker attack, etc.
Ⅶ Application of Law and Dispute Resolution
The conclusion, performance, explanation, and all matters related with this agreement shall apply to the law of People’s Republic of China (excluding Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan Region).
Any disputes caused by this agreement, or relevant with this agreement, which are not able to solve between this platform and user, can be submitted to China International Economic and Trade Arbitration Commission Tianjin International Economic and Trade Arbitration Center for arbitration by either party.
Ⅷ Supplementary Articles
1．Articles above apply only to BOCEglobal, BOCEglobal users, and BOCEglobal services.