Terms and Conditions

This Agreement was last modified on 18 February 2016.

TERMS OF SERVICE OF WWW.GETDIRECTCHINA.COM

The Terms of Service for www.getdirectchina.com are as follows:

  1. DEFINITIONS AND INTERPRETATIONS
    1. In these terms the following definitions apply:
      CompanyMeans We Sino Solutions Asia (上海闪乐贸易有限公);
      WebsiteMeans www.getdirectchina.com owned by the Company;
      UserMeans the online sale and purchase of Items offered to the Users through the Website;
      ServicesMeans any visitor of the Website who views, navigates or accesses the Website and / or avail the Services by becoming a Member of the Website;
      UserMeans any person who views, navigates or accesses the Website and / or avail the Services by becoming a Member of the Website;
      MemberMeans a User who registers himself/herself on the Website by opening a User Account;
      SellerMeans a Member who sells his/her Product(s) through the Website.
      BuyerMeans any User or Member who purchases Product(s) displayed on the Website by the Seller(s);
      ItemMeans an item of a Seller which that Seller has offered for Sale through the Website;
      Publicly Accessible AreaMeans those pages of the Website that are available to the general public or other Members and are not restricted to being viewed by a Particular Member only;
      TermsMeans the standard terms set out in these terms and conditions.
    2. By using the Website, User agrees and bounds himself or herself to these Terms. If a User does not agree to be bound by these Terms then that User must not use or access the Website and the services offered by the Website.
    3. The Company reserves the right to change, modify, alter and / or update these Terms at any time with or without prior notice. Any aspect of the Website may be changed, updated, supplemented or deleted or discontinued (temporarily or permanently) without notice at the sole discretion of the Company. Please check this page frequently and regularly for any change. A User’s continued usage of the Website after any change to these Terms will mean that the User has accepted that change.
    4. The Website pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at the discretion of the Company as and when they are found. The information on the different pages of the Website are updated regularly but inaccuracies may remain or occur between the updates.
  2. TERMS FOR THE USE OF THE WEBSITE
    1. ELIGIBILITY: The Company shall provide Services only to those Users who have attained the minimum age of 18 years.
    2. The Company grants a limited license to each User to access and make personal use of the contents, materials, services etc of the Website or any third party content in accordance with these Terms and subject to the following conditions:
      1. The Website’s content, and materials shall only be used for information and non-commercial purposes (other than the transactions contemplated in accordance with these Terms) and no other use of the content or information is authorized;
      2. A User shall not alter, modify, re-design, reproduce, display, publicly perform, import, distribute, republish, sell, offer for sale, or otherwise use any part of the Website Content in any way, unless expressly permitted to do so by the Company.
      3. A User shall not make any unauthorized copy of any Company trademark.
    3. The Company does not give User the right to collect or use the contents and services contained on the Website for the purposes prohibited by the Company. User shall not indulge in any data extraction or data mining activity whatsoever.
    4. The Company does not give User the right to create any derivative work of the contents, services, or products of the Website or of any third party content or service available via the Website.
    5. The Company does not convey any interest in or to the information, content, services available via the Website or any other Company material including intellectual property by permitting the user to access the Website.
    6. Any and all intellectual property associated with the Website and its contents are the sole property of the Company, except as expressly provided in these Terms. The Website Content is protected by copyright and other laws in the Republic of China as well as other countries. No license to use any of these trademarks etc is given or implied. A User shall not copy, download, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute these trademarks in any way without prior permission of the Company.
  3. SERVICES OFFERED BY COMPANY ( DIRECT SELLER AND MARKETPLACE)
    1. The Company, through the Website, provides a platform for the Users to purchase directly or from Sellers on Market Place, and/or Sell Items.
    2. A User can become a Member of the Website by opening a User Account. The User will be able to create his/her User Account by filling out the relevant Sign-Up form and providing all the required information to the Company. The Company shall assign a unique Login ID and password to each Member.
    3. The User can purchase Items through the Website either as a Guest or as a Member of the Website.
    4. In order to become a Seller & sell items a User must become a Member of the Website by opening a User Account and verifying his/her registered PayPal Account by allowing the Website to make a small charge to his/her PayPal Account.
    5. The Company shall create a profile page for each Member. The Profile Page of the Member will display the following information:
      1. Name of the Member;
      2. The City and the State of the Member;
      3. The Photograph of the Store and/or the Member (if provided);
      4. Social Media Links (if provided);
      5. Feedback of former Buyers (if any).
    6. At present it is free for the Users to (a) access, browse, or navigate the Website; (b) to open a User Account; and (c) to list the Items for selling on the Website.
    7. All the Personal Information that a Member provides by opening a User Account shall be processed and used by the Company in accordance with its Privacy Policy. The User shall also be bound by the Privacy Policy of the Website.
    8. Items listed and offered for sale by a Member on the Website can be purchased by a User from the Seller of that particular Item through the Website.
    9. The Company act as an agent for each Member who is selling the Items on the Website and provides administration services to each Seller which includes the confirmation and processing of Orders from the Buyers. The Company shall charge a Commission on each and every sale made by the Seller through the Website.
  4. TERMS OF PURCHASE AND FORMATION OF CONTRACT
    1. A Buyer can purchase Items by placing an Order through the Website. The Company shall acknowledge and confirm the Order on behalf of the Seller after receiving the confirmation from the Seller and the contract for the sales of Item(s) between the Buyer and the Seller will come into force when the Buyer will receive the confirmation of the Order on his registered Email Address.
    2. Each Seller warrants to the Buyer that the Seller is the owner of each and every Item uploaded and displayed on the Website by the Seller for the purposes of selling.
    3. The Buyer agrees that the Company is neither the owner nor the supplier of the Items that the Buyer may purchase through the Website. Buyer acknowledges that the Company is only acting as an agent for the Seller in respect of Purchase Orders placed for the Items displayed on the Website
    4. The Buyer agrees that the contract for the purchase of the Items offered on the Website is between the Buyer and the Seller.
    5. The contract between Buyer and Seller incorporates these Terms and Conditions and any additional terms and conditions that might be set out on the pages on which the Items Ordered by the Buyer are displayed and other additional terms that might be agreed by both the Buyer and Seller before completing the sale.
  5. PRICE AND PAYMENT OF ITEMS
    1. The price of an Item shall be the price set out by the Seller on the Website from time to time, unless there is an obvious error. The prices displayed do not include any applicable taxes. The Buyer agrees to pay any and all the taxes wherever applicable.
    2. The Seller of an Item can change the Price at any time, but any price changes will not affect the orders already confirmed by the Buyer.
    3. The Buyer shall make the payment for the Item(s), purchased from a Seller, directly to the Seller through the Website, in the PayPal Account of the Seller specified on the Website.
    4. The Seller agrees that the Website shall not be responsible in any way for making the payment pertaining to the Item(s) purchased by the Buyer from the Seller.
  6. DELIVERY AND QUALITY OF ITEMS
    1. The Seller shall specify the terms for Delivery Schedule on the pages displaying the Item(s) sold by the Seller.
    2. The Buyer agrees and acknowledges that the Seller shall be solely and fully responsible for the delivery and quality of Item(s) sold by the Seller through the Website.
    3. The Company shall not be responsible and liable for non-delivery of Items or any deficiency in the Items sold by the Seller(s).
    4. In case of any dispute/grievance regarding the delivery or quality of Items purchased by the Buyer through the Website, the Buyer agrees to claim all the refunds etc from the Seller(s) and not from the Company.
  7. ORDER CANCELLATION, RETURN AND REFUND POLICY
    1. The Seller shall also specify the terms for Order Cancellation, Return and Refund Policy on the pages displaying the Item(s) sold by the Seller.
    2. By placing an Order, the Buyer agrees and bounds him or herself to all the terms pertaining to Order Cancellation, Return and Refund Policy specified by the Seller on the pages displaying the Item(s) ordered by the Buyer. If the Buyer does not agree to be bound by any term set forth by a Seller for a particular Item then the Buyer must not place the Order for that particular Item.
    3. The Buyer agrees and accepts that the Website has no role in deciding the Delivery Schedule, Cancellation, Return and Refund Policy of the Sellers and the Company shall not be liable in any manner whatsoever for the Order Cancellation, Return and Refund Policy of the Seller(s).
    4. The Buyer shall claim any refund for the Items returned directly from the Seller(s) and not from the Company.
  8. COMMISSIONS PAYABLE TO THE COMPANY BY SELLER
    1. The Company shall charge a commission of 10% on the total revenues generated by the Seller from the sale of Item(s) made by the Seller through the Website. The Company reserves the right to change the commission chargeable from the Seller at any time in accordance with these terms.
    2. The Commission for each and every Item sold by the Seller shall accrue on the day the payment for that unit is received by the Company. The Company shall generate an invoice for the Commissions payable to the Company on each and every Order placed in favor of the Seller and confirmed by the Company. The Company shall send the Invoice to the Seller at his/her registered Email Address.
    3. The Seller shall make the payment of all the Commissions accrued in a Calendar month, on or before the 15th of the next Calendar month. The Seller shall make all the payments and fund transfers in the registered Stripe Account of the Company.
  9. FEEDBACK AND REVIEWS PROVIDED BY THE BUYERS
    1. The Seller agrees that the Buyers of the Items shall have the option to write the reviews regarding the Items purchased from the Seller and rate the Quality / Services provided by the Seller on a scale of 1 to 5. The reviews provided by the Buyers shall be displayed on the Profile Page and the page on which the purchased Item(s) is/are displayed on the Website.
    2. Sellers must provide excellent customer services to the Buyers and maintain a feedback of at least 4 stars. In case the Sellers receives a collective feedback of less than 4 stars from all the Buyers, the Company shall have the right to suspend or terminate the Seller’s Account on the Website. The Suspension or termination of the Seller’s Account will not affect any Orders placed before the termination or suspension of the Account. All the Outstanding fees pertaining to the Seller’s Account before the suspension or termination will be collected and processed by the Company according to these Terms.
  10. PUBLIC INFORMATION
    1. Any review, information or material (including the User’s Email Address and Telephone Number) submitted to the Company for posting or displaying on the Publicly Accessible pages of the Website shall be known as “Public Information” of the User. The Name and the Location of the User provided at the time of opening his or her User Account shall also be considered as Public Information.
    2. The User shall be solely and fully liable and responsible for the Public Information posted, uploaded or submitted to the Website by the User.
    3. The User grants the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to use the Public Information provided by the User in any manner the Company deems fit.
    4. The Company shall not be the controller, owner or author of any Public Information posted by any User of the Website and shall not be liable, in any manner whatsoever, for any Public Information submitted to, posted, or uploaded on the Website, by the Users. The Company does not endorse any opinion expressed by any User of the Website.
    5. The Company shall have no obligation to monitor any Public Information submitted to or posted on the Website by the Users of the Website. The User agrees that by accessing the Website, the User might get exposed to information that is offensive, objectionable or indecent.
  11. REPRESENTATION AND WARRANTIES OF USER
    1. The User warrants that any and all the personal information, materials, content or description of Items provided by the User to the Company and / or uploaded or displayed on the Website shall be accurate and comply with all the relevant and applicable laws, standards, and guidelines.
    2. The User warrants that any descriptions, photographs or images used by the User on the Website will not be misleading in any way.
    3. The User warrants that the User is the owner, or have the consent of the owner, for any Item offered for Sale, or for any photographs, or images, or descriptions, or materials or other content / description used by the User on the Website and that the Items, materials, photographs, or images or descriptions will not infringe any intellectual Property Rights including the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party.
    4. The User warrants that the Company will not be required to make any payments to any third party in connection with the Company’s use of the contents and material posted or uploaded by the User, except for the expenses that the Company incurs in providing the Services.
    5. The User represents and warrants that each and every photograph, image, content or material uploaded or posted by the User shall not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
    6. The User represents and warrants that the use of any instructions, formulae, recommendations, or the like contained in the User’s Submissions will not cause injury to any third party.
    7. The User warrants that the User shall not post or advertise on the Website, or transmit to other users, any material which is defamatory, inaccurate, abusive, threatening, harassing, or racially offensive, obscene, sexually oriented, or which contains sexual images of any kind or child pornography.
    8. If any content or material contains any explicit language then the User must, at the time of uploading that content, declare that the content contains explicit language. In case this declaration is not provided by the User then the Company shall have the right to remove the content and may also take action under Termination Clause of these Terms.
  12. DUTIES AND OBLIGATIONS OF THE USERS
    1. User agrees not to use the Website for illegal purposes and the User shall not violate any law, statute, ordinance or regulation relating to the use of the Website and the services provided by the Company through the Website.
    2. User shall not indulge in any activity or transaction, through the Website, that could cause the Company to violate any applicable law, statute, ordinance or regulation.
    3. User agrees that he has read, understood, and agrees to be bound by these terms and the privacy policy statement of the Website.
    4. By registering himself or herself as a Member or by uploading or posting any content or material, the User represents and warrants that he or she is legally capable of entering into binding contracts.
    5. User agrees to provide accurate personal information while registering himself or herself with the Website.
    6. User represents that he/she is fully responsible for protecting the privacy of the Username and the Password of his/her User Account. User shall ensure that the password is not misused by anyone.
    7. User shall not interfere with or disrupt the Website, or networks connected to, or any activity conducted on the Website in any manner including, but not limited to, use of viruses or other similar computer programming.
    8. User shall not use any robot, spider, scraper or other device or automated means to access the Website, or to monitor the activity, or copy pages and other contents from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology.
    9. User shall not take any action that the Company believes, in its sole discretion, will impose an unreasonably large load on the Company servers, including without limitation, deep linking into the Website.
    10. User agrees to follow all the applicable International and American cyber laws.
  13. TEMPORARY OR PERMANENT SUSPENSION, TERMINATION ETC
    1. Without limiting other remedies, the Company may limit User’s activity, temporarily suspend, indefinitely suspend, remove content or information posted by the User, or refuse to provide the Website services to the User if, within the sole and independent judgment of the Company:
      1. User breaches or Company anticipate that User might breach these Terms.
      2. The Company is unable to verify or authenticate any information provided by User.
      3. The Company believes that User actions may cause financial loss or legal liability to other Users or to the Company.
      4. The Member does not use the Website for a considerable period of time.
      5. Harm or intimidate another person in any way, including restricting or inhibiting any other user from using the Website;
      6. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
      7. disguise the origin of any Public Information that is transmitted to any third party;
      8. resell Public Information or access to Public Information;
      9. collect or store personal data about other users;
    2. The Company reserves the right, at its sole discretion, to remove, any Public Information or any material posted or displayed on the Website by a User.
    3. The Company can also terminate this Agreement at any time, with or without cause and these Terms shall survive until and unless terminated by Company.
    4. The User agrees that the Company shall not be liable to the User or any third party for any action taken by the Company under this Clause and the resultant termination of the User’s use of or access to all or any portion of the Website.
  14. THIRD PARTIES LINKS AND SERVICES
    1. The Website may contain links to other sites on the World Wide Web and Internet which are not under the control of, or maintained by, the Company. The Company undertakes no obligation to monitor such sites, and User agree that the Company shall not be liable or responsible, in any manner whatsoever, for the content or services provided by such sites or any technical or other problems associated with any such third-party Website, Links or Usage.
    2. The Company may allow third parties to offer services or products through the Website. User agrees that the Company shall not be liable to the User in any way for the use of such Services by the User. These third parties may have their own terms of use and other policies. User must comply with such terms and Policies as well as these Terms at the time of using such services.
  15. VIRUSES
    1. The Company makes all reasonable attempts to exclude viruses and other form of harmful computer attacks from these pages, but it cannot ensure this exclusion and no liability is accepted for viruses etc. Please take all appropriate safeguards before using or downloading information from the Website.
  16. INDEMNITY
    1. The User agrees to indemnify and hold harmless the Company, its employees and agents against all liabilities, legal fee, damages, losses, costs and other expenses in relation to any claims or actions brought against the Company by any third party due to or arising out of any breach by the User of these Terms or other liabilities arising out of or relating to the Website and Services provided through the Website.
  17. DISCLAIMER OF WARRANTIES
    1. The Services, the content and information on the Website are provided on an “as is” basis. The Company, and its affiliates make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the Website. The User shall avail the Services, content and information provided by the Website at his/her own risk.
    2. No representation, advice or information, warranty or affirmation of any employee, contractor, agent, detailer, or any other person actually or purporting to represent the Company, by word or action, will constitute a warranty.
    3. The Company shall not be liable if the Website is unavailable at any time, for any period and for any reason. Access to Website may be suspended temporarily without notice in case of system failure, maintenance, repairs or any other cause.
    4. In addition, we specifically disclaim all warranties that the sites or the services offered will meet User’s requirements; that the information, content, materials, services, Product(s) etc displayed on the Website will be as represented by the other Members, or the other Members shall perform as promised.
    5. The Company disclaims all warranties whether express, or implied, statutory or otherwise, including but not limited to the implied warranties arising from the course of dealing or usage of the Website and any obligation, liability, or remedy in tort, whether or not arising from the negligence of the Company.
    6. Some jurisdictions do not allow limitations of implied warranties, so the limitations and exclusions in this clause may not apply to a particular User.
    7. Users agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms and conditions are fair and reasonable.
  18. LIMITATION OF LIABILITY
    1. The Company, its affiliates or licensors, directors, employees, or its third-party partners shall not be liable to User whether in contract, tort or otherwise at law, for any incidental, direct or indirect, punitive or consequential loss or damage whatsoever, and/or loss of profits, revenue, goodwill business opportunity or damages arising out of or in connection with:
      1. The use of the Website, including inaccuracy of the content, or services and / or availability of the Website.
      2. The Modification, suspension or termination of any part or aspect of the Website and/ or resulting business interruption, or lost data.
      3. Third Party Transactions resulting from the use of Website.
      4. Purchase of Items from the Sellers and making payment to the Sellers and availing other Services offered by the Website.
      5. Dealings with the other Members of the Website.
      6. Any information submitted to or posted/displayed on the Website by the Users, or for any failure to correct or remove the said information.
  19. JURISDICTION AND VENUE
    1. These Terms shall be interpreted, enforced and governed by the laws applicable in Shanghai, China. The User and the Company agree to submit to the exclusive jurisdiction of the Courts in Shanghai.
  20. NOTICES AND COMMUNICATIONS
    1. The User shall send all the notices and information, required to be made under these terms, at the Corporate Address of the Company or at the following Email Address:
      Email Address: support@getdirectchina.com
    2. The Company shall send all the information, required to be made under these terms, to the User at the registered Email Address of the User provided by the User at the time of Guest Checkout or through his/her User Account.
  21. GENERAL
    1. These Terms (including all the other policies, terms and agreements described in these Terms, which are hereby incorporated herein by this reference) are the entire agreement between the User and the Company and replaces all previous agreements between them relating to the same subject matter.
    2. Unless these Terms provide otherwise, nothing in it creates a partnership or employment relationship between the Company and the User.
    3. The Company may assign or transfer these Terms or any part of it at any time. The User cannot assign or transfer these Terms or any part of it without the prior written consent of the Company.
    4. If any provision of these Terms are found under the laws of any jurisdiction to be invalid, illegal or unenforceable, the validity, legality or enforceability of that provision in that jurisdiction shall not in any way affect the validity, legality or enforceability of all the provisions of these Terms in any other jurisdiction.
    5. If any court or competent authority decides that any of the provisions in the Agreement are invalid, unlawful or unenforceable to any extent, that provision will to that extent only, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
    6. No waiver of a breach of any part of these Terms shall affect a party’s right to enforce that part or any other part of these Terms for a later breach. The failure of a party to insist upon strict performance of any part of these Terms shall not be construed as a waiver of any prior or later default of the same or similar nature.
    7. No party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, acts or omissions of vendors or suppliers beyond the control of the parties.
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