Part A: New version - updated on July 13th, 2021 and effective as of July 14th, 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE NOTE THE EXCLUSION OR LIMITATION OF LIABILITY AND DISPUTE RESOLUTION PROVISIONS, APPIICABLE LAW AND JURISDICTION PROVISIONS THAT MAY APPEAR IN CAPITAL LETTERS. THIS AGREEMENT IS RELATED TO WWW.KAMEYMALL.COM.
1.1 Welcome to Kameymall.com's free service (the "Service"). The following sets out the terms and conditions of the Kameymall.com Free Membership Agreement (this "Agreement") between you (the "Member") and the Kameymall.com contracting company (" Kameymall.com ") as determined in accordance with this Section 1.1 that Kameymall.com allows you to pass Kameymall.com from time to time owns, operates, brands or provides services for access to and use of your Web site, mobile Web site, mobile application and other portal sites, With (a) the Kameymall e-commerce platform including, but not limited to, the web pages and mobile optimized versions of the website identified by the Uniform Resource Locator "www.Kameymall.com" and the mobile applications of the Kameymall.com e-commerce platform (collectively, the "Kameymall website"); (b) The KameyMall e-commerce platform, including, but not limited to, web and mobile optimized versions of the website identified by the Uniform Resource Locators "www.Kameymall.com", "at" and "at". Tmall.ru ", and the mobile application of the Kameymall e-commerce platform, (collectively, the "Kameymall Site"), (collectively, together with the Kameymall Site and the "Site").
Sign up for kameymall.com Party:
1.2 Kameymall.com may amend this Agreement at any time by posting revised and restated agreements on the website. The revised and restated agreement shall enter into force immediately after publication. Kameymall.com 's release of the modified and restated Agreement and your continued use of the Service will be deemed to accept the revised terms.
2.1 Unless terminated pursuant to the terms of this Agreement, the Services will be provided free of charge for an unspecified period of time.
2.2 The service will have the following core features (which may be added or modified, or suspended for planned or unplanned maintenance purposes, at kameymall.com's discretion and with notice) (the "free membership benefits"):
2.3 Kameymall.com may, at its sole discretion, suspend or terminate all or part of the above free membership rights at any time without any liability for any loss or damage arising out of or in connection with the suspension or termination. Kameymall.com reserves the right to charge for the services or any features or functions of the services at its sole discretion at any time.
2.4 The benefits, features and functions available to members may vary from country to country and region. No warranty or representation is given that a particular feature or function or that features and functions of the same type and scope will be available.
2.5 The availability of any transaction features and functions on the Site to any Member may be subject to verification of the Member's identity and/or designated bank account by Kameymall.com and/or an independent third party approved by Kameymall.com.
2.6 Kameymall.com shall issue to each Member a Member ID and password (the latter shall be selected by the Member at the time of registration) to access the Services through that Member's account. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all uses and activities (whether or not such uses or activities are authorized) that occur under the Member ID and Password. A set of member IDs and passwords is unique to a single account, and no Member may share, transfer, or permit the use of his or her account, member ID, or password to others, even to other individuals within Member's own business entity (if applicable). Each Member acknowledges that sharing its account with others, or allowing its account to be used by multiple users other than its business entity (collectively, "Multiple Use") may cause irreparable harm to Kameymall.com, And each Member shall indemnify Kameymall.com against any loss or damage (including, without limitation, loss of profits) suffered by Kameymall.com as a result of repeated use of the account. Each Member undertakes to promptly notify Kameymall.com of any unauthorized use of their account, member ID or password, or any other breach of security. Each Member hereby agrees that Kameymall.com shall not be liable for any loss or damage resulting from Member's failure to comply with the provisions of this Section.
2.7 Kameymall.com reserves the right to temporarily or permanently change, upgrade, modify, restrict or suspend the Services or any of its related features or applications at any time without prior notice, except for users in any Kameymall.com jurisdiction. Kameymall.com further reserves the right, but shall have no obligation to introduce new features, functions, applications or conditions into the Services or future versions of the Services, except for users in any Kameymall-related jurisdiction. All new features, functions, applications, conditions, modifications, upgrades and changes shall be governed by this Agreement unless otherwise stated by Kameymall.com. Kameymall Russia Holding Private Limited is the relevant party in respect of any Kameymall relevant jurisdiction user.
2.8 Each Member acknowledges that inability to use the Services in whole or in part for any reason may have an adverse effect on its business. Each Member hereby agrees that, under no circumstances will Kameymall.com be liable to any error or omission by Member or any third party in connection with the inability to use the Services (whether due to interruption, alteration or termination of the Services or otherwise), any delay, inaccuracy, error or omission in connection with any communication or transmission or delivery, in whole or in part, Or any loss or damage (direct, indirect, consequential or otherwise) arising out of the use or inability to use the Services.
2.9 If you successfully complete the Kameymall.com free membership registration, your IP address is from Chinese mainland. Besides your member ID, you will also get a Kameymall username. You can use the Kameymall user name to log in to the website. You hereby declare and agree to authorize Kameymall.com to provide all information related to your membership ID to Kameymall website, so as to facilitate your easy and fast access to Kameymall website. Your responsibility for the Kameymall user name shall apply to the same terms and conditions set forth in this agreement in relation to the member ID. Kameymall.com reserves the right to suspend, restrict or refuse to access or use your Kameymall user name and the services provided by Kameymall.com and Kameymall website at its sole discretion without prior notice, and shall not be liable for any loss or damage caused by or in connection with such suspension or termination, If you: (a) use the services provided by Kameymall.com, or cheat any person or entity through the website and Kameymall website（ b) Engaging in any illegal activities, including but not limited to activities that may constitute infringement of intellectual property rights, civil liability or criminal offence（ c) Engage in any activity that may result in any liability to Kameymall.com, the website or the Kameymall website.
2.10 If you voluntarily submit any information to the site for publishing on the site through publishing tools, including but not limited to company or business profile, product catalog, trade leads, TrustPass profile, business trust system and any discussion forum, you are deemed to have agreed to publish such information on the site.
3.1 Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about Kameymall.com and its business references that may be requested by Kameymall.com, and (b) maintain and promptly modify all information to make it true, accurate, timely and complete. To the extent permitted by applicable law, each Member hereby grants Kameymall.com an irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple layers) license to display and use all information provided by such Member. For the purposes set forth in this Agreement and to exercise your copyright, publicity and database rights to such material or information in any media that is currently known or unknown. Information protected by data protection laws will be used and retained only in compliance with those laws.
3.2 Each member hereby declares, warrants and agrees that the member shall not:
d)Pretend to be any person or entity and distort yourself or your affiliation with any person or entity;
i)Contains any material that constitutes unauthorized advertising or harassment (including, without limitation, spam), infringes on any person's privacy, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
n)Otherwise, any liability will be imposed on Kameymall.com.
3.3Each member represents, warrants and agrees that it has obtained all necessary consents, approvals and waivers with respect to or on behalf of any commercial referee to (a) act as such member's commercial referee（ b) Post and post their contact information, references and comments on their behalf（ c) The third party can contact the recommender of such business to support the claim or statement of the relevant member. Each member further guarantees that all references and comments are true and accurate, and hereby waives all requirements for obtaining the member's consent before the third party contacts the business recommender.
3.4 Members shall not take any action that may undermine the integrity of Kameymall.com's feedback system, such as using secondary member IDs or leaving positive feedback for themselves through third parties, or leaving unverified negative feedback for other members.
3.5 Each member acknowledges and agrees that Kameymall.com reserves the right, but shall not be required to actively monitor or exercise any editorial control over the content of any message or other material or information created, obtained or accessed through the service. Kameymall.com does not recognize, verify or otherwise prove the content of any comments or other materials or information published by any member. Each member shall be fully responsible for the contents of his / her correspondence, and may bear legal liability or obligation for the contents of his / her comments or other materials or information.
3.6 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 that it publishes on the Site or makes available to or authorizes Kameymall.com to display on the Site does not infringe any copyright, patent, trademark, trade secret or any other personal or proprietary rights of any third party, or is distributed with the permission of the owner of such rights. Each Member further represents, warrants and agrees that it has the right and authorization to sell, distribute or propose to sell or distribute the Products described in the materials or information posted on or provided to Kameymall.com on the Site or to authorize Kameymall.com to display them.
3.7 Each Member represents, warrants and agrees that certain products sold in the State of California are subject to a warning pursuant to Section 25249.6 of the California Health and Safety Law (" Proposition 65 Warning "), and that each Member shall (a) immediately display a Proposition 65 Warning on the Product Details page as required by the applicable law; (b) authorize Kameymall.com to display Proposition 65 warnings on your behalf, and (c) Proposition 65 warnings that modify or remove products only when a previous warning needs to be modified or cancelled require a longer period of time by law, as the case may be.
3.8 If any member violates the representations, guarantees and agreements in paragraphs 3.1, 3.2, 3.3, 3.4, 3.5, 3.6 or 3.7 above, or if Kameymall.com has reasonable grounds to believe that such member violates such representations, guarantees and agreements, or if it receives complaints or claims from any other member or third party, Kameymall.com has reasonable grounds to believe that the member capriciously or substantially fails to perform the contract with the third party, including but not limited to the failure of the member providing products or services to deliver any items ordered by the third party by using the website and services after receiving the purchase price, or the items delivered by the member do not substantially comply with the terms and descriptions outlined in the contract with the third party, Or if Kameymall.com has reasonable grounds to believe that the member has used stolen credit cards or other false or misleading information in any online transaction, Kameymall.com shall have the right to suspend or terminate the services and all free membership interests related to the member without compensation, and shall not be liable for any loss or damage caused by or in connection with the suspension or termination, And restrict or reject any and all current or future use of this service or any other services that Kameymall.com may provide.
In addition, to the extent permitted by applicable laws and policies, Kameymall.com may disclose Member's identity, contact information and/or information regarding Member's account, transactions or activities conducted on or through the Site, if requested by the Member. Kameymall.com shall not be liable for damages or its consequences as a result of subpoenas or other legal actions by the government, regulatory or law enforcement agencies or injured third parties, and Members agree not to make such disclosures in any lawsuit or claim brought by Kameymall.com. In any of the foregoing, Kameymall.com may suspend or terminate the account of any Member in Kameymall.com's sole discretion as appropriate.
4.1 Through the website, Kameymall.com provides a web-based electronic platform for the exchange of information between buyers and suppliers and the completion of online sales and purchase transactions of products and services. Kameymall.com reserves the right to restrict certain features and functions of the platform to designated members. Although the platform is provided through the Site, Kameymall.com does not represent a seller or buyer in a particular transaction, whether or not such transaction is conducted on or through the Site. Kameymall.com does not control and is not responsible for or responsible for the quality, safety, legality or availability of the products or services offered for sale on the Site or the ability of the Supplier to complete the sale or the ability of the Buyer to complete the purchase.
4.2 Members are hereby informed that there may be risks in dealing with people who act under false excuses. Kameymall.com uses a variety of techniques to verify the accuracy of the information provided to us when users register on the site. However, due to the difficulty of user authentication on the Internet, Kameymall.com cannot and will not confirm the claimed identity of each free member displayed on the site, and can only verify the personal identity of Chinese mainland seller representatives through reasonable efforts. The storefront on www.Kameymall.com is according to the applicable law of Chinese mainland. We encourage you to use the various tools and common sense provided on the website to assess who you are dealing with.
4.3 Each member who visits or uses the website or service shall bear the full risk of any purchase and sale transactions related to or through the website or service. Such risks shall include, but not be limited to, misrepresentation of products and services, fraudulent planning, substandard quality, non-compliance with specifications, defective products, delay or default in delivery or payment, miscalculation of costs, breach of warranty, breach of contract, and transportation accidents ("transaction risks"). Each member agrees that kameymall.com shall not be liable for any damages, liabilities, costs, damages, inconveniences, business interruptions or expenses of any kind that may arise out of or in connection with any transaction risk.
4.4 Members are solely responsible for the formulation, agreement, signing and enforcement of all terms and conditions of transactions on, through or as a result of the use of the website, including, but not limited to, terms of payment, return, warranty, transportation, insurance, fees, taxes, ownership, licenses, fines, permits, handling, transportation and storage. However, any additional obligations under the Transaction Services Agreement (in particular Section 3.2) shall be complied with.
4.5 Member agrees to provide all information and materials that Kameymall.com may reasonably request in connection with the transactions conducted through the trading platform on the website. If the member fails to provide the required information and materials, Kameymall.com shall have the right to suspend or terminate any member's account, and shall not be liable for any loss or damage caused by or in connection with the suspension or termination.
4.6 In the event of a dispute between any member and any party to the transaction, such member agrees to waive and indemnify Kameymall.com (and our agents, directors, officers and employees) from all claims, requirements, lawsuits, lawsuits, fees, costs and damages arising out of or in connection with such disputes or transactions (including, without limitation, any actual, special, incidental or consequential damages).
5.1 Kameymall.com provides its members with free discussion areas on its website to promote and encourage open, honest and respectful communication among all our members. Members are not allowed to use the discussion area on the website as a marketing platform, and they are not allowed to publish any information related to trade clues, product promotion or company profile.
5.2 Each Member acknowledges that all data, text, software, music, sound, photos, graphics, video, messages or other material (" Content "), whether published publicly or transmitted privately through a discussion board on the Site, is the sole responsibility of such Member for the source of the Content. This means that publishing members, and not Kameymall.com, are solely responsible for all content uploaded or posted through the discussion boards on our site. Kameymall.com does not control the content posted through discussion boards and therefore does not guarantee the accuracy, completeness or quality of such content.
5.3 Kameymall.com reserves the right but has no obligation to delete or edit any post at its sole discretion without prior notice. Kameymall.com may, but is not obliged to, monitor the posting activities of any member who violates this Agreement and may limit their ability to post on the discussion board of the website. In no event shall Kameymall.com be liable for any content, including (but not limited to) any errors or omissions in any content, or any loss or damage of any kind caused by the use of the discussion board. Each member agrees to assess and bear all risks associated with the use of any content, including any reliance on its accuracy or completeness. Every member understands that by using the Kameymall.com discussion board on the website, the member may be exposed to offensive, indecent or offensive content.
5.4 Without affecting the responsibilities of each member under Clause 3 of this Agreement, each member agrees not to use the discussion board on the website:
g)Uploading, publishing or emailing any content that infringes any intellectual property rights or other legal rights of either party;
5.5 Each Member acknowledges that Kameymall.com does not pre-filter content, but that Kameymall.com shall have the right (though not the obligation) to move, modify, or delete any posted or in its sole discretion
5.6 To the extent permitted by applicable law, each member grants Kameymall.com a permanent, global, royalty-free, irrevocable, non-exclusive license (including the right to multi-tier sublicense). Media or technology that uses, reproduces, modifies, adapts, publishes, translates, creates derivative works, distributes, executes and displays any content (in whole or in part) uploaded, published or provided by such members to Kameymall.com for posting on the site and / or incorporates such content into other works in any form. Information protected by the data Protection Act will be used and preserved only in compliance with these laws.
5.7 Each Member shall indemnify and hold Kameymall.com and its employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including indirect loss and loss of profit, goodwill or business opportunity) caused by any third party. Claims are made in respect of any content uploaded, published or emailed by such Member on or through discussion forums on the Site, use of discussion forums on the Site by such Member or violation of Section 5.4 by such Member.
5.8 Upon becoming aware of any such violations, Kameymall.com may prohibit, delete or prohibit any such violations or any of its licensors, partners or members in Kameymall.com's sole discretion.
5.9 Kameymall.com reserves the right to take any measures it deems necessary to prevent a member from violating section 5.4, including the following:
All incidents will be recorded and Kameymall.com's decisions in all such cases will be final.
5.10 All information and / or other content posted by the Kameymall.com Services team or members or third-party partners on the website is for reference only and shall not be interpreted as legal and / or business advice or legal opinions under any circumstances. Members are encouraged to seek independent professional advice under such circumstances.
6.1 IN THE MAXIMUM ALLOWABLE TO THE LAW, THIS SERVICE IS PROVIDED BY “ORIGINAL” AND “AVALIABLE”, KAMEYMALL.COM CLEARLY DENIES ANY AND ALL EXPRESS OR SUGGESTING GURANTEES, INCLUDING BUT NOT LIMITED TO ,QUALITY, DURABILITY, PERFORMANCE, ACCRACY,RELIABLITY, PREFERRED OR SUITABLE FOR SPECIFIC PURPOSES OR NON-INFRINGEMENT. HEREBY EXCLUDED ALL SUCH ASSURANCE, STATEMENTS, CONDITIONS, COMMITMENTS, AND TERMS.
6.2 TO THE FULLEST EXTENT PERMITTED BY LAW, Kameymall.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, INTEGRITY OR TIMELESS OF ANY INFORMATION PROVIDED THEREON ON BY IT.
6.3 Any material downloaded or otherwise obtained by visiting or using the website or services is at the discretion of each member and at its own risk, each member is fully responsible for any damage to its computer system or for any data loss caused by the download. Any oral or written advice or information received by any member from Kameymall.com or through or from the Services shall not constitute any warranty not expressly set forth in this Agreement.
6.4 The Site may provide users with services or products provided by independent third parties. No warranties or representations are made with respect to such services or products. In no event shall Kameymall.com be responsible for any such services or products.
6.5 In no event shall Kameymall.com be liable for any delay, failure or interruption of the services accessed or delivered through the website, or for the creation or performance of the contract directly or indirectly caused by nature, force or cause beyond its reasonable control, including but not limited to Internet failure, computer, telecommunication or any other equipment failure, power failure, strike Labor dispute, riot, rebellion, civil strife, shortage of labor or materials, fire, flood, storm, explosion, natural disaster, war, government action In the event of the spread of a national or regional epidemic or pandemic, the order of a domestic or foreign court or court, or the non performance of a third party, or the suspension or interruption of any transportation or business operation (including but not limited to any delayed or interrupted agency ordered by the government to resume work or operation).
6.6 To the extent permitted by law, Kameymall.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages (including but not limited to loss of profits or savings, business interruption, loss of information), whether caused by contract, negligence, tort or other reasons, Or any other damage caused by any of the following:
(b) any defects in goods, samples, data, information or services purchased or obtained through the Site from a Member or a third party service provider;
6.7 Notwithstanding any of the foregoing, the total liability of Kameymall.com, its employees, agents, representatives or any person acting on its behalf for all claims arising out of each Member's access to or use of the Services or the Site shall be limited to HK $100 per calendar year per annum. The preceding sentence does not preclude the requirement that members prove actual losses. All claims arising out of the use of the Service must be filed within one (1) year from the date of the action or within such a long period as may be provided by the applicable law governing this Agreement.
When you use the services of the relevant Sites, please review the following policies for how we use and protect your personal information:
7.1 Kameymall.com is the sole owner or legal licensee of all rights to the Services. The Service contains trade secrets and intellectual property rights protected by copyright and other laws worldwide. All ownership, title and intellectual property rights in the Services shall be retained by Kameymall.com,or Licensors, as the case may be. All rights not represented herein or by Kameymall.com are hereby reserved.
7.2 "Kameymall", "Kameymall.COM" and related icons and logos are registered trademarks or trademarks or service marks of Kameymall Group Holding Limited. "GOLD SUPPLIER", "TRUSTPASS", "Kameymall" and related icons and logos are registered trademarks or Kameymall.com Limited trademarks or service marks in each jurisdiction and are protected by applicable copyright, trademark and other ownership laws. Unauthorized reproduction, modification, use or distribution of these logos is strictly prohibited.
8.2 Kameymall.com and its members are independent contractors and this Agreement does not intend or create any agency, partnership, joint venture, employee-employer or franchisor-franchise relationship.
8.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be cancelled and the remaining provisions shall be enforced.
8.4 The title is for reference only, not defined, limiting, explaining or depicting the range or extent of the portion.
8.5 Kameymall.com failed to exercise any rights or unable to take action on any of the default behaviors under this Agreement or not to abandon this right, and would not give up Kameymall.com to take action on subsequent or similar default behaviors.
8.6 Kameymall.com has the right to assign this Agreement (including all its rights, title, interests, interests and obligations hereunder) to any person or entity. Members must not transfer all or part of this Agreement to any individual or entity.
8.7 IF YOU ENTER INTO A CONTARCT WITH FUZHOU KAMEYMALL ADVERTISING CO.,LTD IN ACCORDANCE WITH CLAUSE 1.1, THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA (“PRC”), AND THE PARTIES HERETO HEREBY DECLARE THAT THE COURTS OF THE PEOPLE’S REPUBLIC OF CHINA(PRC). IF YOU ENTER INTO A CONTRACT WITH KAMEYMALL.COM HONG KONG SPECIAL ADMINISTARCTIVE REGION (“HONG KONG”), NOT SUBJECT TO LEGALLY BINDING PROVISIONS: AND THE PARTIES HERETO HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF HONG KONG, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW. IF YOU COMMUNCATION WITH KAMEYMALL RUSSIA HOLDING PTE LTD. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE RUSSIAN FEDERATIOB (“RUSSIA”), WHETHER OR NOT IN CONFLICT WITH THE PROVISIONS OF THOSE LAWS; AND THE PARTIES TO THIS AGREEMENT HEREBY SUB,MIT TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURIDICTION OF THE RUSSIAN COURTS, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW.8.8 If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.