Welcome to China World Town site(the “Site”: seller.chinawtown.com, www.chinawtown.com) and our selling services (the “Services”: all policies posted on our sites set out the terms on which we offers you access to and use of our sites, services, applications and tools). Any person who wants to access the site and use the services to sell items must accept the terms and conditions of this User Participation Agreement without change. All policies on the site are incorporated into this user participation agreement. By registering for and using the Services, Seller (“You”) agrees to be bound by all terms and conditions of this user participation agreement, and all incorporated policies and guidelines on the site.
We(China World Town) reserve the right to change any of the terms and conditions contained in this User Participation Agreement or any policies governing the site or services at any time. Any changes will be effective upon posting of the revisions on the site.
Our Role:
We try to help international sellers expand of their business onto China market. To do that, we offer a platform and services that allow users to offer, sell and buy just about anything in a variety of pricing formats and locations. We does not own or sell the items listed on this site, so the actual contract for sale is directly between the sellers and buyers. We only provide a platform for sellers and buyers to negotiate and complete transactions. We’re not involved in the actual transaction between Sellers and Buyers; we are not the agent of Sellers and are not the agent of Buyers for any purpose.
While we may provide pricing, shipping and other guidance in our services, such guidance is solely informational. We may change guidance posted on our sites from time to time without notice to you. Also, while we may help facilitate the resolution of disputes through various programs, we have no control over and does not guarantee below but limited to below points: the existence, quality, safety or legality of items advertised the truth or accuracy of users’ content; or that a buyer or seller will actually complete a transaction or return an item; or the ability of sellers to sell and buyers to pay; or others.
Using our services:
Use of the Site and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number, e-mail address, and valid bank information. You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Services within such country; and (b) you have all requisite right, power and authority to enter into this Participation Agreement and perform your obligations hereunder.
As a seller, you Will Not: a) post, list or upload content or items in in appropriate categories or areas on our sites; b) breach or circumvent any laws, third party rights or our systems, policies, or determination of your account status; c) use our services if you are not able to form legally binding contract, or are temporarily or indefinitely suspended from using our sites, services, applications or tools; d) fail to deliver items sold by you; e) manipulate the price of any item or interfere with other user’s listings; f) link or post false, inaccurate, misleading, defamatory, or libelous content, or post counterfeited, illegal, stolen, or fraudulent item; g) take any action that may undermine the feedback or rating systems; h) transfer your account and user ID to another party without our consent; i) distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; j) distribute viruses or any other technologies that may harm us, or the interests or property of our users; k) use any robot, spider, scraper or other automated means to access our services for any purpose; l) bypass our robot exclusion headers, interfere with the working of our services, or impose an unreasonable or disproportionately large load on our infrastructure; m) export or re-export any our allocation or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; n) copy, modify, or distribute rights or content from our services or our copyrights and trademarks; o) copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content(except your information) from our sites, services, applications, or tools without the prior express written permission of us and the appropriate third party, as applicable; q) commercialize any our application or any information or software associated with such application; r) harvest or otherwise collect information about users, including email addresses, without their consent; s) other inappropriate activities. As a seller, you use the site and the services at your own risk.
Without limiting other remedies, we may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our services; we may limit, suspend, or terminate our services and user account, restrict or prohibit access to, and your activities on, our services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our services if we think you are in below but not limited to below cases: a) we think that you are creating problems or possible legal liabilities; b) we think that such restrictions will improve the security of our community or reduce our or another our user’s exposure to financial liabilities c) we think you are infringing the rights of third parties; d) we think you are acting inconsistently with the letter or spirit of this user agreement or our policies e) despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; e) you fail to pay us all fees due for our services by your payment due date. When issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies; we may choose to be more lenient with policy enforcement and to do the right thing for both buyers and sellers.
As a seller, you agree to abide by our policies provided on our sites. We may change our policies from time to time, and such changes will be effective immediately upon posting without notice to you.
Fee
Please review the fees that we charge for using our services contained on our sites. We may change our fees from time to time by posting the changes on our sites 14 days in advance. You should check the fees and terms each time you participate. As a seller, by listing an item for sale on the site, you authorize us to directly deduct the fee amount due from the balance of credits in your account summary to be remitted to you. We may collect fees owed using other collection mechanisms including but not limited to: charging your credit card for amount due; charging other payment methods on files with us, retaining collection agencies and legal counsel, etc.
Transaction Payment
A buyer’s authorized payment is credited to a registered seller’s sales account summary, and funds are periodically transferred to the seller’s designated bank account (seller bank account) by us. You agree that buyers satisfy their obligations to you for your transactions when we receive the payment transaction. Our obligation to remit funds received by us on your behalf will be limited to funds that we have actually received. Our remittance act of funds to seller helps facilitate marketplace transactions and is not purchasing act of the seller’s goods. Seller will resolve any dispute directly with buyer or with our assistance.
You hereby appoint us as your payment processing agent for the limited purpose of receiving payment transaction funds on your behalf. Except provided in the preceding sentence, we’re not the agent, fiduciary, trustee, or other representative of you. We act as your agent for the sole purpose of receiving and holding funds from payment transactions in connection with your transactions on your behalf in accordance with the participation agreement. We do not act as your agent for any other purpose.
Your receiving bank account that we’ll remit your transaction funds to is fully based on bank account information that you provide in your seller account. You must provide us true and accurate information, and must maintain and update that information as applicable. Seller will not impersonate any person or use a name he or she is not legally authorized to use.
All balances for orders that have been shipped out for 30days will be reflected in seller sales account’s finance summary initiated on 1st and 15th of each month, except balance of orders that are still in claim or in product return and unsettled though have been shipped out for 30 days. Processing date for funds balance transferring to seller’s account is normally scheduled on 5th and 20th of each month under your request; In case that 5th and 20th of any month is not business day, processing date for transferring will be then moved to the latest business day. You agree that the final amount transferred to your bank account will be a little different from that shown on the balance statement at seller’s account majorly due to below factors: a) fluctuation in currency exchange rate in the market; b) processing cost charged by China bank for foreign currency exchange due to China foreign currency regulation; c) processing cost charged by China bank and your receiving bank for international remittance; d) possible manual adjustment on buyer claims and refund cases may exist under some special circumstance; e) other possible factors. You will generally receive the transferred amount in your bank account within 5 five business days of the date that we initiate the transfer. (Any date, time, day calculation that mentioned above is referred to and based on Beijing time).
You may provide refunds or adjustments to buyers for their marketplace purchases through us by using functionalities or other tools or assistance that we enable for your account. Such functionalities or tool maybe modified or discontinued by us.
We may delay initiating any remittances and withhold any payments to be made on certain situations, includes but not limited to: a) we find seller has any inappropriate activities against our policies. b) we reasonably conclude based on information available to us that seller's actions and/or performance in connection with the services may result in buyer disputes, chargebacks or other claims.
As a security measure, we may impose transaction limits on some or all buyers and sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursement, or adjustments during a period of time, or the number of transactions per day or other period of time; we may not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason; we may permit a buyer to withdraw from a transaction because payment is unavailable following the commencement of a transaction.
We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by Buyer and our bank account being debited to pay Payment Transaction credits to Seller. We will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with payment transactions, and seller will bear all other risk of fraud or loss.
We reserve the right to seek reimbursement from seller if seller cannot promptly deliver the goods, or if erroneous or duplicate transactions are discovered. We may obtain reimbursement of any amounts owed by seller to us by deducting from future payments owed to Seller, charging Seller's credit card, or seeking such reimbursement from Seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or checking account.
Seller may terminate his or her participation in selling on our site at any time by informing us using the standard method then-currently provided for such termination. Upon termination, seller must pay us whatever fees were incurred prior to the effective date of the termination. We reserve the right, upon termination, to set off against any payments to be made to seller, an amount determined by us to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with marketplace purchases from seller's account for a prospective three-month period. At the end of such three-month period following termination, we will disburse to seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from seller via any means for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.
Reservation of Rights
We retains the right to determine the content, appearance, design, functionality and all other aspects of the site and the services including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time; we reserve the right to delay or suspend listing of, or to refuse to list, or to de-list, or to require seller not to list, any or all products in our sole discretion; we may withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of your transactions. Seller agrees to stop and/or cancel orders of your products if we ask seller to do so; seller will refund any customer that has been charged for an order that we stop or cancel.
Order Transaction
For sales where seller lists goods at a fixed price ("fixed price sales"), the seller is obligated to sell the goods at the listed price to buyers who meet the Seller's terms. By listing an item in a fixed price sale, you represent and warrant to prospective buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. For fixed price sales, seller will determine the purchase price for each item he or she lists on the site via and subject to marketplace standard functionality for listing the purchase price.
As a seller, seller agrees to complete order transactions and acknowledges that by not fulfilling these obligations of order transactions, seller’s action or inaction may be legally actionable.
Seller agrees that it is the seller's responsibility to determine whether seller taxes apply to the transactions and to collect, report, and remit the correct seller taxes to the appropriate tax authority, and that we’re not obligated to determine whether seller taxes apply and are not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction. "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
Seller agrees to accept and process returns, refunds and adjustments in accordance with this Participation Agreement and our return policies published on the site at the time of the applicable order, and we may inform buyers that these policies apply to your products. We will provide any such payments to the buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. Seller agrees to offset such payments against any amounts to be remitted or paid to seller under this Agreement or seek reimbursement.
Seller’s password may be used only to access the site, use the services, electronically sign your transactions, and review your completed transactions. Seller agrees to be solely responsible for maintaining the security of your password. Seller agrees to be solely responsible for any use of or action taken under your password on this Site.
Listing Conditions
When listing an item on our sites, seller agrees below facts without limitation: a) seller is responsible for the accuracy and content of the listing and item offered; b) seller is responsible for all liabilities related with product listings on the sites c) seller agrees that listing may not be immediately searchable by keyword or category; d) to drive positive buyer experience, the appearance or placement of listings in search and browse will depend on a variety of factors such as item’s location, buyer’s location, seller’s history, shipping and price cost, etc., therefore, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer e) some advanced listing upgrades will only be visible on certain services; f) duplicate listing may also affect whether your listing research appears in search results; g) Regardless translation service for your product listings provided by us or third party or not, seller agrees to be fully responsible for product listing content shown on the sites. Seller agrees to be fully responsible for all liabilities related with the information provided us for translations. Seller agrees and acknowledges that while we try to offer reliable translations, we can’t promise localized product listing content will always be up-to-date and be accurate, and will not hold us responsible for inaccuracies.
Legal Compliance
Seller agrees to comply with all applicable laws, statutes, and regulations. Seller agrees not to register under a false name or use an invalid or unauthorized credit card. Seller agrees not to impersonate any participant or use another participant's password(s).
We may monitor any activity and content associated with this Site and investigate as we deem appropriate. We also may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including listings. We reserve the right and have absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
We reserve the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
Information Use
Seller agrees us to communicate with you in connection with your listings, sales, the services and other reasons electronically or with phone or in other manners, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the Site or by any other means. When you use the Services, some personally identifiable information about you, including your feedback and the e-mail address associated with your account, may be displayed on the site and may be viewed by potential buyers.
You will not, and will cause your affiliates not to, directly or indirectly disclose, convey or use any order information or other data or information acquired by you or your affiliates from us as a result of the Participation Agreement, the transactions contemplated hereby or the parties' performance hereunder, except you may disclose this information as necessary for you to perform your obligations under this Participation Agreement, provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information.
You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content you submit to us and our affiliates, and to sublicense the foregoing rights to our affiliates and operators of any website or other online point of presence (other than the site) through which the site and/or products or services available thereon are syndicated, offered, merchandised, advertised or described; provided, however, that we will not alter any of your trademarks (i.e., trademarks of yours that you provide to us in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any product specific information or materials) from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of your trademarks (provided you are unable to do so using standard functionality made available to you via the site or services); provided further, however, that nothing in this Participation Agreement will prevent or impair our right to use without your consent the content and any other materials provided by you, to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). You represent and warrant that you own or otherwise control all of the rights to the content you submit to us and our affiliates, and that the use of such materials by us and our affiliates will not infringe upon or violate the rights of any third party.
Disclaimer of Warranties
We try to keep our services safe, secure and functioning properly but we can’t guarantee. Seller agrees and acknowledges that the site and the services are provided on an "As Is" basis. We make no other representations or warranties of any kind, express or implied, including without limitation: a) the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; b) that the site or the services or data or information will always be available, accessible, uninterrupted, timely, secure, provided accurately, or operate without error; c) that the information, content, materials, or products included on the site will be as represented by sellers, available for sale at the time of fixed price sale, lawful to sell, or that sellers or buyers will perform as promised; d) any implied warranty arising from course of dealing or usage of trade; and e) any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of us. We disclaim any and all such warranties.
Also, Seller agrees not to hold us responsible for any type of losses or damages resulting directly or indirectly from: a) your use of or your inability to use our services; b) pricing, shipping, other guidance provided by us c) delays or disruptions in our services d) viruses or other malicious software obtained by accessing, or linking to, our services; glitches, bugs, errors or inaccuracies of any kind in our services e) damage to your hardware device form the use of our services f) the content, actions, or inactions of third parties, including items listed using our services or the destruction of allegedly fake items f) a suspension or other action taken with respect to your account g) the duration or manner in which your listings appear in search results h) you need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Participation Agreement or our policies.
General Release
Because we are not involved in transactions between buyers and sellers or other participant dealings, if a dispute arises between one or more participants, each of you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections(whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor a the time of agreeing to this release.
Because we not the agent of Seller except for the limited purpose of processing payments and is not the agent of Buyer for any purpose, we will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction.
Indemnity
You will defend, indemnify and hold harmless us and our affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Participation Agreement; b) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
We will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with the participation agreement, the site, the services, the inability to use the services, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the services.
Privacy
By using our sites and services, seller consents to our collection, use, disclosure of your personal information as described in below paragraphs.
When you visit our sites, use our applications, services, and tools or interact with our advertising or content, we may automatically collect information sent to us by your computer, mobile device, or other access device. This information includes but not limited to: a) device ID or unique identifier, device type, geo-location information, computer and connection information, statistics on pay views, traffic to and from the sites, referral URL, ad data, IP address, and standard web log information; b) anonymous information collected through our use cookies and web beacons.
Seller agrees us to collect and store any information seller enters on our sites or seller provides to us in context of using our sites, applications, services or tools. We may receive or collect supplemental information about you from third parties sources and add it to our account information as permitted by law.
We may combine your information with information we collect from other companies and use it to improve and personalize our services, content, marketing and advertising. We may disclose personal information to respond to legal requirement, enforce our policies, responds to claims that a listing or content violates the rights of others, to protect anyone’s rights, property, or safety. We may also share your personal information with below parties: a) service providers under contract who help with our business operations b) law enforcement, governmental agencies, or authorized third parties, in response to a verified request relating to a criminal investigation, or alleged illegal activity or any other activity that may expose us, you or other users to legal liabilities; c) other business entities, should we plan to merge with or be acquired by that business entity d) members of our corporate family to provide services; e) any party you ask us to share.
Applicable Law
The laws of the P.R.C. govern this agreement and all of its terms and conditions. Seller agrees that all the disputes arising from using our sites and services shall be submitted to the Guangzhou Arbitration Commission for arbitration by any party, applicable with the effective rules the arbitral award is final and binding upon all the Parties.
Termination
We may terminate this Participation Agreement, access to the Site or the Services, or any current fixed price sales. We also may prohibit any Seller from listing items for fixed price sales.
Entire Agreement
This User Participation Agreement, including any terms and conditions incorporated herein by reference, and the terms and conditions statement, the policies of the site, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
Nothing expressed or mentioned in or implied from this User Participation Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this User Participation Agreement. This Participation Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of us, you, and relying Buyers or Sellers.
If any provision of this User Participation Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
We will not be considered to have waived any of our rights or remedies described in this User Participation Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of this Participation Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Participation Agreement.