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DEALCLASS Service Agreement
Version No.: 2021 Version 2 Last Revision
Date: May 1, 2021
- Acceptance of Terms
atongm reserves the right to modify and/or supplement the foregoing terms and conditions as necessary for the development of the Services, and will post such modifications to the atongmNEPAL Site at least seven (7) days in advance, and such modifications will become effective on the date of the posting notice. Your continued use of the Services after atongm has modified the Terms of Service and made them effective shall be deemed to be your acceptance of the modified Terms of Service. No one will be permitted to modify this Agreement except as authorized in writing by atongm.
In this Agreement, each user of the DEALCLASS Service is referred to as a “User” or “You”. please note that this agreement limits atongm’s liability, and this agreement also limits your remedies, and specific terms are highlighted in bold and/or underlined, and atongm urges you to read them carefully.
- The Service
2.1 You subscribe to the Service, which includes the following features.
(a) Identity Review and Authentication
If you apply for the DEALCLASS Service, you shall provide to atongm and will be verified by atongm or a third party designated by atongm regarding the following information about you at the time of applying for the Service.
- The registered enterprise has a true, legal and valid registration record with the market supervision department.
ⅱ. The registered contact person has the corresponding business identity in the enterprise and has been authorized to handle the subscription of the Service for the enterprise; iii.
iii. the legal representative of the enterprise you provide is the same as the registered information in the market supervision department, and provide the corresponding information that meets the requirements of relevant national laws and regulations to prove it.
In particular, atongm has the right to understand the reasonableness of your other information and therefore request you to provide corresponding information materials, you shall fulfill the obligation to cooperate, and you guarantee that the information of your registered contact person, legal representative/operator (hereinafter collectively referred to as “the aforementioned persons”) is true and accurate and agreed by the aforementioned persons atongm may verify the information of the aforementioned persons as necessary for the provision of the Services. Otherwise, atongm reserves the right to refuse to provide the Services. Likewise, during the service period, you shall always keep your subject identity true, legal and valid. If any change occurs to your certified information in item (i), you shall notify atongm within three business days after the information change occurs and pay the relevant fees (see website instructions for details), and then you shall still be required to verify the certification again in accordance with the procedures. You agree to take full responsibility for your failure to notify or update in a timely manner, etc., and to indemnify atongm (including its partners, agents, employees, etc.) for all losses (including attorneys’ fees) incurred as a result.
(b) Activity records
i.e. the provision of information and records of your transactions and actions on atongm NEPAL stations.
(c) Certificates and honors
That is, the atongm NEPAL Station provides space for you to display various certificates, qualifications or honors through the technical services provided by atongm, but you shall be responsible for the authenticity, legality and validity of such information.
(d) Credential Reference
That is, atongm NEPAL station provides space, through the technical services provided by atongm, you may post your business partners’ recommendations and evaluations by yourself, but you shall be responsible for the authenticity, legality and validity of such information.
(e) User Reviews
That is, the space provided by atongm NEPAL station, through the technical services provided by atongm, you may make comments and feedback to other users with whom you have a genuine business relationship, but you shall guarantee the truthfulness, legality, accuracy, completeness and timeliness of such comments and feedback.
(f) Posting and optimization of information and information into the search page
That is, atongmNEPAL Station provides space for you to post your business information, including its text descriptions, pictures or photo descriptions, and to achieve a more vivid and personalized display of such information and your dedicated URL home page, themes, photo albums and posters on atongmNEPAL Station through the technical services provided by atongm. The information that meets certain conditions (not more than 5,000 items) can be entered into the search results page of atongm NEPAL Station through this service. However, you shall be responsible for the truthfulness, legality, accuracy or timeliness and completeness of the above information. atongm is not responsible for the truthfulness, legality, accuracy or timeliness and completeness of the above information.
(g) Accessing or subscribing to information on the atongm NEPAL Site
That is, you have the right to view or subscribe to various types of information posted by other users on the atongm NEPAL Site by visiting the atongm NEPAL Site and receiving e-mails; however, atongm is not responsible for the truthfulness, legality, accuracy or completeness and timeliness of such information.
(h) Through atongm’s technical services, you can identify the visitors of your dedicated website on atongm NEPAL Station and the visitor’s intention, and you can initiate communication invitations to the interested visitors; you can analyze the visitor’s access time, location and access channel; through the analysis of the visitors, you can assist you in the marketing follow-up of the eligible visitors, match you with potential buyers who meet specific conditions on a regular basis, and assist you in the marketing promotion of these potential buyers.
(i) Through atongm’s technical services, you can create and manage inquiries and set up inquiry alerts.
(j) Through atongm’s technical services, you can visually display your usage results and trends, and analyze and suggest improvements.
(k) Through atongm’s technical services, you can view the relevant industry market quotations and the ranking of products that are followed on atongm NEPAL.
You agree to use the Service at your own risk. atongm acknowledges that the above features of the Service constitute a major part of the Service described in this Agreement and that the Service will not be terminated or changed in its entirety without your consent, except as provided in this Agreement.
2.2 The Service is only available to NEPAL mainland subjects who are able to enter into legally binding contracts in accordance with the relevant laws, and you must be a commercial or economic organization (such as a limited company, joint stock company, partnership, sole proprietorship, etc.) or a business individual (such as a self-employed businessman or a rural contractor) with an independent name and address and able to pass the corporate identity verification.
2.3 Your DEALCLASS service will be activated after atongm receives your payment and you have been confirmed to be authenticated. atongm will notify you by email (to the email address you provided during registration), etc., and your service will be effective from the date of receipt of such notification. You understand and agree that you must complete authentication and activate the Service within 1 year of completing your subscription and payment for the Service. If you do not pass the identity authentication in time or if the Services are not properly activated within the aforementioned time limit due to your fault, atongm reserves the right to refuse to provide the Services to you and close the corresponding Service order, and you may apply to atongm for a refund of the corresponding Service payment.
2.4 If the information provided by you is incorrect or the information is changed or for any other reason the certification is not approved, you may request to be certified again after amending the information, but the cost of recertification and related service fees shall be borne by you, and payment shall be made in accordance with the procedure in clause 5.1 of this Agreement. If payment is not made in full or the information you have provided does not pass the certification, you will receive a notice and refund from atongm. The refund will be the amount remaining after deduction of the fees for certification and re-certification and related service fees. In this case, you have the right to submit a refund request for atongm to refund the aforementioned refund to the user’s designated account number approved by atongm. You should also be aware that your cooperation with atongm in processing your refund request is an important prerequisite for obtaining a refund.
2.5 atongm will adjust the authentication methods, frequency, etc. and provide the corresponding services to you in accordance with the requirements of laws and regulations, and the User hereby agrees and cooperates.
2.6 atongm confirms the identity of the User using the Services based on the User’s account and its password. The User understands and expressly states that any operation conducted through its account and password (including but not limited to posting information materials, clicking online to agree or submit various rules and agreements, renewing agreements online or purchasing other services, etc.) shall be considered as the User’s behavior and the legal consequences thereof shall be borne by the User. Users shall keep their user accounts and passwords in a safe place and bear full responsibility for their use. The User undertakes to immediately notify atongm of any unauthorized use of its password or account or any other security problem. the User hereby agrees and acknowledges that atongm shall not be liable for any loss or damage arising from the foregoing circumstances that are not attributable to atongm.
2.7 If you wish to change, or have in fact changed, any information that has been certified and verified prior to the expiration of the Service, you shall submit a “Request for Re-certification of Change of Information” to atongm within three business days of the date of the change and pay the relevant fee to be re-certified. You agree to take full responsibility for the changed information you provide and agree to pay in accordance with the procedures in Section 5.1 of this Agreement. If you do not submit the changed information in a timely manner or if payment is not made in full or if the changed information is not certified, atongm reserves the right to suspend or terminate the services provided to you, or to suspend or terminate your account, without any extension of the service period during the suspension period, and without refund of the service fee in the event of termination of the services.
2.8 atongm will provide a dedicated URL for the User. The User’s dedicated website will display the User’s profile information. The User may inform third parties of such contact information and the User hereby authorizes atongm to publish, and agrees that atongm may open the information to anyone who accesses it through such dedicated URL.
2.9 atongm and its partners do not guarantee or promise the authenticity, legality, accuracy, timeliness and completeness of any information provided by the User using the Services. In addition, identification and verification only indicate the authentication and verification at the time, and atongm shall not be responsible for any changes thereafter.
2.10 You agree that atongm may reasonably use your registration information and operational data on the atongm NEPAL Site and provide it to its third party partners (such as DEALCLASS channel promoters) as necessary to better provide you with the DEALCLASS Services and other services related to the DEALCLASS Services (such as DEALCLASS Channel Promoters), provided that the confidentiality of the data is maintained. other services related to the DEALCLASS Service (e.g., e-commerce technical consulting services provided by DEALCLASS Channel Promoters). The aforementioned registration information and operation data include, but are not limited to, your dedicated URL profile and operation records on the atongm NEPAL website, as well as the use of products related to the atongm NEPAL website. Further, in order to enhance the effectiveness and influence of the Services, to highlight your Services, and to bring more traffic to your dedicated website on atongm NEPAL, you agree that atongm may provide your identification and verification information, service logos, etc. to relevant partners and reasonably display them in their business scope and/or have relevant partners set up hyperlinks to your relevant information in their business scope during the Services. The relevant information will be hyperlinked to your dedicated URL on atongm NEPAL website (the specific display method and linking rules shall be subject to the actual provision, and you shall also comply with the corresponding business rules of atongm partners).
2.11 In order to protect the legitimate rights and interests of the User and its related parties, as well as to verify, risk assess and prevent information related to the User, the User understands and agrees that in addition to opening the Service, it is also necessary to open the Integrity System Service (the specific service is subject to the atongm Integrity System Service Agreement signed between you and atongm).
2.12 Based on the continuous development of Internet technology and the need to provide better services to users, etc., atongm reserves the right to decide to change, upgrade, modify or transfer the Service and its related functions and applications. atongm further reserves the right to develop new modules, functions and software or other language services in the Service. All new modules, features, and software services provided as described above shall remain subject to this Agreement unless otherwise specified by atongm.
- Term of the purchased services
3.1 The DEALCLASS service is valid from the date of service activation. The term of the DEALCLASS service purchased by the User shall not be less than one year, and the term of the DEALCLASS service (including the renewed term of the DEALCLASS service) shall be the term specified in the “Service Term” section of the “atongm order”. (Note: Based on the need of service system connection and to provide better service for users, the validity of DEALCLASS service will be extended by 0-24 hours per period on the basis of your service period (subject to the actual provision of the system), and users have no objection to this.)
3.2 If atongm does not receive the full renewal payment from the User by the date of expiration of the Service, its DEALCLASS Service will be automatically terminated on the date of expiration of the Service.
3.3 The Services described in this Agreement are valid only within the scope of the atongm NEPAL site, which refers to the websites pointed to by www.dealclass.com and all its subordinate domains and the pages belonging to these websites. User understands and agrees that the Service is only guaranteed to be available on the atongm NEPAL Station through the general World Wide Web. atongm is not obligated to guarantee that it is available on the same level as the atongm NEPAL Station for other channels such as mobile Internet or clients, due to user experience, device development, technical limitations, etc.
4.1 The User may apply to atongm for renewal of the Service prior to the expiration of the original term of the Service purchased by the User, but the acceptance of the renewal shall be subject to atongm’s opinion.
4.2 The renewed user shall pay all the service fees for the renewed service period in full to atongm after the renewal is accepted by atongm and before the expiration date of the original service period, and the corporate user shall reapply for corporate identity authentication.
4.3 If the renewed user passes the enterprise identity authentication before the expiration of the original service term, this agreement will automatically continue from the date of expiration of the original service term to the date of expiration of the renewed service term; if the renewed user does not pass the enterprise identity authentication before the expiration of the original service term, this agreement will continue from the day after the renewed user passes the enterprise identity authentication to the date of expiration of the renewed service term. If the renewed user does not pass the enterprise identity authentication, the agreement shall be executed in accordance with paragraph 2.4 of this agreement.
- Service Fee
5.1 The service fees to be paid for receiving the Services will be published on the Website. All fees will be paid in advance by online payment, offline wire transfer or other methods accepted by atongm. The payment made by the User may be in RMB, or other currency as permitted by atongm. You shall make full payment to atongm in the manner described above within 3 business days of acceptance of this Agreement.
5.2 The above service fees do not include any other taxes, fees or related postal expenses, otherwise the User shall make the full payment or pay such fees by itself.
5.3 atongm reserves the right to unilaterally modify the price composition and payment terms based on service development and other needs, but will notify the user at least 14 days in advance. At the same time, the remaining service period for which the User has opened the Service shall not be affected by any adjustment of the price of the Service by atongm.
- Obligations of the User
6.1 The User hereby represents, warrants and agrees to.
(a) Provide true, accurate, current and complete information, including information about the User itself and the User’s credit references.
(b) maintain and promptly update the above information to ensure its truthfulness, accuracy, timeliness and completeness.
User hereby grants to atongm an irrevocable, worldwide and royalty-free license for the duration of the Services for the purpose of providing the Services and protecting User’s rights, including to its agents, employees, service providers and other collaborators (including, without limitation, certifiers) who provide the necessary technology and services, i.e., who have the right to use the materials and information provided by User as described in this Agreement. The User understands and agrees that by providing information or data in connection with the use of the Services, he or she is acknowledging such authorization.
If the information provided by the User is untrue, inaccurate, untimely or incomplete, or if atongm has reasonable grounds to doubt its truthfulness, accuracy, timeliness and completeness, atongm reserves the right to suspend or terminate the User’s eligibility for the Services and deny the User access to any existing Services and features or services that may be offered in the future.
6.2 The User hereby represents and warrants that the information and products provided shall not contain any of the following.
(a) Fraud, making false offers, selling or attempting to sell counterfeit and stolen items and other items the sale and promotion of which is restricted or prohibited by law or regulation.
(b) Infringes or abets others in infringing the copyright, patent, trade secret or other legal rights of third parties.
(c) Violate relevant laws, rules, regulations or decisions (including, but not limited to, national export restrictions, consumer protection, unfair competition and discrimination or false advertising).
(d) Content that is abusive, defamatory, threatening or unlawfully harassing.
(e) Obscene, or contains any child pornography.
(f) Discriminatory or tendentious content of race, gender, region, ethnicity, physical disability, etc.
(g) any viruses, disguised sabotage programs, computer worms, time bombs or other computer programs that intentionally destroy, maliciously interfere with, secretly intercept or expropriate any system, data or personal data.
6.3 Any information posted or material provided by the User using the Services pursuant to this Agreement must comply with the rules, posting instructions and related textual descriptions then and thereafter published by atongm NEPAL Station.
6.4 The User agrees to use the Service only for the purpose of genuine business communication between himself/herself and third parties or contact with other Users, and agrees not to engage in any form of account rental, lending or using his/her account as an agent for others to publish information, etc. Otherwise, atongm reserves the right to terminate the Service at any time and not to refund the service fee, and at the same time, atongm reserves the right to pursue the User’s responsibility in this regard.
6.5 The User further declares, warrants and agrees that the information provided and posted in the name of its business partners shall be subject to the prior permission of such business partners and agrees as follows.
(a) To act as a reference person for the User’s creditworthiness.
(b) To post their specific contact information, testimonials and reviews.
(c) enable third parties to contact them and confirm the review. The User further guarantees the truthfulness and accuracy of the referrer’s comments and waives the right to obtain the User’s prior consent before a third party can contact the User’s business referrer.
6.6 The User agrees and accepts that atongm is not required to monitor the content of the information provided by the User through the Service from time to time and to make editorial adjustments to the above. atongm does not confirm, test or make any other form of warranty with respect to the information, information and comments provided by the User. Users are solely responsible for the legality of all their content and are solely responsible for the materials, information or comments they provide. At the same time, atongm reserves the right to remove any content that, in its sole discretion, it determines to be illegal or in violation of this Agreement and for which atongm may be held liable. You also agree to indemnify atongm or other third parties for any damages (including related attorneys’ fees, court costs, etc.) resulting from the use of the Services in violation of laws, regulations, or this Agreement. User further agrees that atongm shall have no obligation and shall not be responsible for the truthfulness, accuracy, misrepresentation, fraud, defamation, infringement or violation of law of any information posted or provided by User or third parties. If User suffers damage as a result, it shall be User’s sole responsibility to seek compensation from the poster.
6.7 Subject to this Agreement or other licenses of atongm, User shall have the right to use technical services such as databases and listings provided by atongm. Any other use or attempted use of atongm’s various directories, databases and listings for commercial purposes or for reproduction, copying, mass promotion (including but not limited to spamming, etc.) or other unauthorized purposes is strictly prohibited.
- Integrity in business
7.1 The User undertakes that it will abide by the principle of good faith operation and fully agrees that if the User has any of the following circumstances during the Service Period, atongm shall have the right to immediately and unilaterally impose different levels of penalties including, but not limited to, warning, public notice, restriction of rights, termination of services, etc. The User’s service fees will be calculated as usual during the User’s restriction period and the Service Period will not be extended; the User whose services are terminated will be notified on atongm NEPAL The terminated user will be notified on the atongm NEPAL website, and atongm will not be required to refund the unfulfilled service fees and will not be liable, except as expressly provided by law, for.
(a) Suspected of using the Services to commit fraud or other illegal acts (atongm reserves the right to determine the User’s conduct).
(b) is the subject of a complaint by any third party alleging a breach of contract such as failure to ship as agreed, failure to make payment as agreed, or failure to conform to the agreed quantity or quality of goods shipped, or delay in delivery, or alleging the manufacture or sale of counterfeit or substandard products or products that infringe the legal rights of third parties, and fails to provide evidence within a reasonable period of time as required by atongm, or, although evidence is provided within said period of time, fails to sufficiently prove the absence of such acts.
(c) without atongm’s written consent, licenses the Services to others or transfers or partially transfers the Services to others without authorization (including, but not limited to, licensing its account and password to others without authorization, or transferring or disclosing its account and password to others without authorization), or sells or offers to sell commercial information related to buyers and buyer inquiries that it obtains through the Services.
(d) Using the Services or computer viruses/programs, etc., to illegally steal, delete, modify or add to any information on the atongm website or other users of the atongm website, or in any other way jeopardize the normal operation of the atongm website.
(e) Being listed in the Enterprise Credit Publicity System as a serious illegal enterprise or showing abnormal business information, being listed in the People’s Court’s list of people who have been executed in breach of trust, or having other circumstances such as being punished for violations of law or regulations.
(f) The existence of other dishonest behavior as determined by atongm, or violation of other agreements or website rules.
7.2 User understands and agrees that the scope of good faith operation includes but is not limited to DEALCLASS current service period, DEALCLASS previous service period, use of DEALCLASS service, non-use of DEALCLASS service.
- Termination of Services
8.1 atongm reserves the right to refuse the User’s subscription or terminate the User’s eligibility for the Services in the following circumstances.
(a) atongm or its authorized third parties are unable to confirm the registration data or identity information provided by the User.
(b) Termination of the Services in accordance with paragraph 3.2, Article 6 and Article 7 of this Agreement.
(c) For users who conceal their engagement in the Internet service, atongm has the right to terminate the service immediately upon discovery.
(d) The User violates any of the terms of this Agreement.
8.2 If one of the parties to the Agreement, except for the purpose of reorganization or merger, passes a resolution or is dissolved by court order, the receiving party or the designated creditor’s representative shall have the right to terminate this Agreement upon notice.
8.3 During the term of the Agreement, in reasonable circumstances such as repeated complaints by a third party against the User, atongm shall have the right to terminate this Agreement upon email or other written notice to the User in order to avoid damage to the User and atongm, and this Agreement shall terminate when the notice reaches the User.
8.4 You are aware and acknowledge that the service fees paid by you represent the overall cost and effort of atongm in opening and using the DEALCLASS service and cannot be split according to your rights or the duration of the service. You shall not request a partial or full refund of the service fee if the DEALCLASS service will be terminated or suspended due to the following circumstances after you have opened or used the DEALCLASS service.
(1) You voluntarily cancel DEALCLASS service in the middle of the process or do not have the qualification of DEALCLASS opening.
2）atongm terminates your DEALCLASS service or service eligibility in accordance with this Agreement or the published rules.
(3) Termination caused by any act that atongm determines to be in violation of any relevant laws, fraud or abuse of DEALCLASS merchant/membership status, or any act that damages the interests of atongm or harms other users.
- Limited Liability
9.1 atongm provides the services in accordance with the laws and regulations and this Agreement, and will provide appropriate security measures to ensure the safety and normal operation of the advertising services in accordance with the existing technology, but atongm shall not be liable for any breach of contract due to any obstacle, defect in performance, delay in performance or change in the content of performance of the services caused by
(a) Force majeure factors such as natural disasters, strikes, riots, wars, governmental acts, judicial administrative orders, etc.
(b) Due to public service factors such as power supply failure, communication network failure or third party factors.
(c) due to factors such as routine or emergency equipment and system maintenance, equipment and system failure, network information and data security, etc., where atongm has exercised good faith management.
9.2 The User understands that the User’s use of the Service to download or access any information is at the User’s sole discretion and risk. In view of the large amount of information in the Service and the separation of information and physical objects in the information network environment, the User shall judge carefully and be responsible for the quality, safety, legality, authenticity and accuracy of the products and/or services involved in the User’s use of the Service.
9.3 The User agrees that the User shall be solely responsible for any damages (including the full amount of resulting litigation costs and attorneys’ fees) caused to atongm or to third parties as a result of the use of the Service (including, but not limited to, the display of the User’s information on the Site) or the violation of this Agreement.
9.4 The parties acknowledge that these Terms reflect the agreement reached between them in connection with the negotiations. Both parties fully understand the consequences of these Terms and further acknowledge the reasonableness of these Terms.
- intellectual property rights
10.1 atongm is the owner of all rights in the Services. The Services contain trade secrets and worldwide copyright and other intellectual property rights. All rights in the Services, including title and intellectual property rights, will be retained by atongm. Other rights not mentioned in this Agreement are also reserved by atongm.
10.2 atongm, www.dealclass.com, DEALCLASS and related marks and logos are trademarks of atongm in NEPAL and other countries and are protected by copyright, trademark and other intellectual property laws. Unauthorized copying, imitation, use or distribution of such marks is prohibited.
10.3 Without the permission and consent of atongm, the User shall not use the corporate name, corporate name, trademark, LOGO, event brand and other content of atongm and its affiliates in any way for any reason by itself or entrusted to a third party to engage in any activity, otherwise atongm shall have the right to immediately and unilaterally terminate this Agreement and shall have the right to require the User to compensate for all damages (including but not limited to (including but not limited to investigation and evidence collection costs, notary fees, attorney fees, etc.).
11.1 This Agreement supersedes all prior oral and written understandings between the parties with respect to any matters contained herein.
11.2 This Agreement shall be governed by the laws of NEPAL and shall be subject to the jurisdiction of the People’s Court of the domicile of atongm.
11.3 If any provision of this Agreement is deemed invalid or unenforceable, said provision may be severed and the remainder shall remain in legal force.
11.4 The headings in this Agreement are for convenience only and do not define, limit, interpret or describe the scope or limits of the terms.
11.5 Any waiver by atongm of its rights under this Agreement in the event of User’s negligence or breach shall not be deemed a waiver of any other or subsequent negligence or breach of the same kind by User.
- Special Notices
12.1 The DEALCLASS Service under this Agreement refers to the license and related technical services based on DEALCLASS software provided by atongm (NEPAL) Network Technology Co. Ltd.
12.2 When referring to intellectual property rights, “atongm” also includes atongm (NEPAL) Network Technology Co.
Note: Users subscribing to the above DEALCLASS service can enjoy the following complimentary services during the normal use of the service.
Wireless web-based store display service, i.e. visitors can access the user’s dedicated URL in atongmNEPAL station through the wireless WEB terminal.
(Note: The above complimentary services will no longer be provided if the DEALCLASS service is terminated early for your own reasons or for any reason. If the above complimentary services are not normally interrupted due to atongm, you agree that atongm shall only continue to perform the complimentary services until the expiration of the original complimentary service period without any liability except as expressly provided by law.)