SANSI Smart Platform Terms of Use
Effective on Feb 1, 2020
Preamble
Welcome to use SANSI Smart Platform and relevant services of SANSI!
You must read and comply with the SANSI Smart Platform Terms of Use (hereinafter referred to as the “Agreement”), the service agreement to use SANSI Smart Platform (hereinafter referred to as the “Software”) and relevant services. Please carefully read and fully understand the content of each term, in particular the terms with respect to exemption or limitation of liability, and any separate agreement to activate or use some specific services, and choose to accept them or not. You may be prompted for the terms exempting or limiting liability in bold form.
You may not download, install or use the Software and related services unless you have read and accepted all the terms of this Agreement. Your downloading, installation, use, acquisition of any SANSI account, login and other similar acts shall be deemed that you have read and agreed to be bound by the Agreement. SANSI reserves the right to modify the terms of this Agreement when necessary. The updated terms of this Agreement, once published, shall replace the original terms of this Agreement without prior notice. Users may refer to the latest version of the terms of this Agreement on this website. If you do not accept the revised terms after SANSI modifies the relevant terms of this Agreement, please immediately stop using the services provided by SANSI. Your continued use of the services provided by SANSI will be deemed to have accepted the revised Agreement.
If you do not have full capacity for civil conduct, please read and determine whether you agree to these terms of service in the presence of your legal guardian.
I. Contract Subject and Scope of Agreement
1.1. The Service Terms of SANSI Smart Platform constitute a valid contract signed between you and Sansi LED and its affiliates and subsidiaries (hereinafter referred to as ”SANSI”) for the use of SANSI website services (including browsing of information on web page, account registration and other services). The SANSI Smart Platform is an Internet of Things solution and/or accompanying service provided by Sansi LED Lighting Inc. and its affiliates and subsidiaries (hereinafter referred to as ”SANSI”).
1.2. This Agreement shall also include the SANSI Smart Platform Privacy Policy, as well as the relevant Agreements and business rules related to the service that may be published continuously. The foregoing, once published, shall be an integral part of this Agreement and shall be binding upon you.
1.3. Please read our Privacy Policy carefully and let us know if you have any questions. This policy is strictly enforced as a pledge to protect your personal information. The purpose of this policy is to inform you of the personal information we collect so that you can decide whether to use our services or access the site’s tools. This policy will affect your rights and your personal information. We hope you can feel our security, feel free to use our services.
II. Registration, Use and Security of Account
2.1. Qualification
2.1.1. You acknowledge that, when you complete the registration procedure or use the website services in other ways permitted by SANSI, you shall be a natural person, a legal person or other organization with full capacity for civil right and civil conduct specified by the laws of the United States of America (hereinafter referred to as “you”).
2.1.2. If you are a person without capacity of civil conduct or a person with limited capacity for civil conduct, you do not have the above qualifications, and you and your guardian shall be responsible for all the consequences resulting from your improper registration behavior in accordance with the provisions of laws.
2.1.3. You shall ensure that you are not subject to the trade restrictions, sanctions or other restrictions of laws and rules imposed by any country, international organization or region, otherwise you may be unable to register or use the services of SANSI.
2.2. Account Registration
2.2.1. Upon filling in the information according to the prompt on registration page, reading and accepting the Service Terms, and completing the whole registration procedure, you may obtain a SANSI account and become the user of SANSI.
2.2.2. Account name set or confirmed by you during the registration (hereinafter referred to as “account name”) and your password will constitute your account after the successful registration (account name and password are together referred to as “account”).
2.2.3. Your account name shall not violate the national laws and regulations as well as the management practices of SANSI, or shall not easily lead to the confusion between identity of you and SANSI, otherwise your account may not be successfully registered or SANSI is entitled to close your account with prior notice.
2.2.4. You shall accurately provide and timely update your account information according to the laws and regulations or the prompt on relevant page, to make the account information real, timely, complete and accurate. If your information is incorrect, false, outdated or incomplete, SANSI may send you a notice of inquiry and/or correction request, and you shall provide or update relevant information according to the requirements of SANSI. If your information is false, outdated, incomplete or inaccurate, you shall be responsible for the consequences and losses resulting from your failure to use the SANSI account (the account cannot be registered, the account is frozen or closed, or the recertification fails until we terminate or suspend your access to part or all of the Services) or those resulting from the use of account.
2.2.5. For provisioning of certain products or services, SANSI may ask you to provide further identify information for further identity authentication or qualification, and you may use such products or services only after your account passes the authentication or qualification.
2.2.6. In general, your account is the unique identification for all the activities on the SANSI website. Unless otherwise agreed, each SANSI account may be used to carry out independent activities on the website. In the following cases, SANSI, however, is entitled to carry out unified treatment on multiple SANSI accounts owned by one legal subject and/or associated legal subject at its discretion. For example, according to the associated information provided during registration, login and use of different accounts, SANSI may determine that these accounts are owned by the same user. Examples of associated information: The same identity number, phone number, payment ID, equipment, address, etc.
2.2.7. You shall be fully responsible for the authenticity, legality and validity of your registration information; you may not pretend to be others or publish any information in other’s name; and you may not maliciously use the registered account leading to the mis-recognition by other users, otherwise SANSI is entitled to immediately suspend the provision of services and you shall bear all the resulting legal responsibilities alone.
2.2.8. You must use the website as well as the products, programs and services of SANSI in a legal manner, and must be responsible for all the actions that take place under your own account, including any content that you publish and any resulting consequence. You shall use the contents at your discretion, and shall assume all the risks resulting from the use of such contents, including the risks resulting from dependence on the accuracy, integrity or practicability of such contents. SANSI cannot and will not undertake any responsibility for any loss or damage resulting from the user’s behavior.
2.3. Use and Security of Account
2.3.1. You are entitled to use your account to enter the website of SANSI and use other services provided by SANSI.
2.3.2. SANSI may inform you of the service progress and remind you to proceed to the next step by email, website message, short message, telephone or other means. In the process of service, you shall timely login your SANSI account to check and complete the trading operations.
2.3.3. One SANSI account may only apply to the unique legal subject. Unless expressly stipulated in laws, judged by judicial department or agreed by SANSI, your SANSI account may not be transferred to, granted to or inherited by others in any way.
2.3.4. Your account name and password shall be set and kept by yourself, and you shall keep your account name and password confidential. You shall correctly exit from the website at the end of each on-line period. Given that there is any damage or negative effects due to disclosure of account information by yourself, or any attack, fraud or other actions, SANSI will not take the responsibilities and you shall claim compensations for infringement acts through judicial, administrative and other relief approaches.
2.3.5. You shall be responsible for all behavioral outcomes (including, but not limited to, online signing of various types of agreements, posting of information, purchase of products and services, disclosure of information, etc.) under your account.
2.3.6. If others are found to use your SANSI account and password without the authorization, you shall immediately inform SANSI; SANSI will assist you to freeze your account, change the password or complete other security settings; and you understand that SANSI will need a reasonable time to take the action for your request, and SANSI is not responsible for any consequence existing before SANSI takes the action or any consequence attributed to you (including but not limited to your any loss).
2.3.7. SANSI will also take reasonable technical measures at the server side of website to guarantee the security of account.
III. Freezing, Cancellation and Appeal of Account
3.1. Freezing of Account
Your SANSI account (including all or partial authorities or functions) may be frozen (e.g. the SANSI account may be restricted in the transfer-out of funds), and SANSI will inform you by email, website message, short message, telephone or other means if:
3.1.1. Based on the demands for operation of SANSI website or services and for transaction security, you have damaged or may damage or attempt to damage the fair transaction environment or regular transaction order of SANSI or its Affiliate; or any use of your account includes the name or brand of SANSI or its Affiliate and is suspected to mislead others; or any specific Chinese and English characters (in full or short), figures or domain names are used to indicate or reflect a relationship with SANSI or its Affiliate;
3.1.2. You violate the Service Terms, relevant rules and practices of SANSI website (such as transaction rules and management practices), service instructions or other service agreements/provisions;
3.1.3. You violate the national laws, regulations, policies and legal instruments;
3.1.4. You are subject to the complaint from other person for which this person has provided relevant evidence, but you fail to provide the evidence to the contrary according to our requirements;
3.1.5. Any exception of your account in operation, income or exchange is identified by SANSI through reasonable analysis;
3.1.6. Freezing is required by the national competent authority;
3.1.7. SANSI reasonably determines that your other behaviors have the same nature as the above behaviors or have the similar risks to the above behaviors.
3.2. Cancellation of Account
3.2.1. If any circumstance as mentioned in Clause 3.1 occurs and such circumstance is serious, or based on the requirements of national competent authority, your SANSI account (including all or partial authorities or functions) will be canceled, and SANSI will inform you by email, website message, short message, telephone or other means.
3.2.2. You understand and agree that if you have not entered the website of SANSI with your account for 12 consecutive months and all the services under your account are expired, SANSI is entitled to cancel your account, and in this case, you are unable to enter the website.
3.3. Appeal
In case of freezing or cancellation of account as mentioned above, you shall pay attention to such freezing or cancellation in time, and carry out subsequent operations such as appeal according to the procedure:
3.3.1. If you apply to SANSI for release of the above freezing or cancellation through the appeal procedure, for the security of your account, you shall provide accurate identity certificates and relevant data as well as other information or documents as required by SANSI for review. You shall fully understand that your appeal may not be certainly allowed, and SANSI has the right to decide whether to accept your appeal.
3.3.2. You understand and agree that if you refuse to provide accurate identity certificates and relevant data, or your appeal fails to pass the review of SANSI, SANSI is entitled to freeze such account and restrict partial or all the functions of such account for a long time.
IV. Website Services and Practices
4.1. You are entitled to the Internet technology services and information services provided by SANSI through the website. You shall also take the responsibility of timely payment and service management according to the Service Terms and relevant provisions confirmed when purchasing the specific services.
4.2. During the use of SANSI’s services, you shall ensure that:
4.2.1. You will use the services of SANSI according to the national and local laws and regulations, industry practices and social public morality, and will not store, publish or spread the following information and contents through the use of such services:
（ⅰ）Any content (information) in violation of national laws, regulations and policies;
（ⅱ）Political propaganda and/or news information in violation of national regulations;
（ⅲ）Information related to state secret and/or security;
（ⅳ）Information propagating feudalistic superstition and/or obscenity, pornography or indecency or information abetting the crime;
（ⅴ）Information of lottery and gambling games, or information in violation of national ethnic and religious policies;
（ⅵ）Information impairing the operation security of Internet;
（ⅶ）Information infringing other’s legitimate rights and interests and/or other information or content impairing the social order, social security or public morality;
（ⅷ）In addition, you shall promise not to offer any convenience for other’s publication of the above information and content in violation of national regulations and/or such information and content as agreed in the Service Terms, including but not limited to setting of URL or BANNER link.
4.2.2. Any behavior breaking or attempting to break the network security will not occur, including use of technical or other measures to destroy or disturb the website of SANSI or other users;
4.2.3. You will use the services of SANSI website according to the Service Terms, if you violate the above guarantees, SANSI is entitled to delete information, or suspend or terminate the service according to the Service Terms, and also is entitled to freeze or cancel partial or all the functions of your account.
4.3 For some of the services involved in this website, it is necessary for you to sign separate agreements with SANSI, and you must fulfill all your obligations strictly in accordance with the signed agreements, otherwise you will no longer be able to enjoy the services and products provided by SANSI.
4.4 Order / Request
4.4.1 When placing an order / submitting a request, you shall carefully confirm the information of products/services to be purchased, such as description, price, quantity, model, specification, size, contact address, phone and consignee. If you are not the consignee, the consignee’s behavior and intention will be deemed as your behavior and intention, and you shall undertake all legal liabilities for the consignee’s behavior and intention.
4.4.2 You understand and agree that: the prices and other sales information of products and services displayed on the SANSI websites are only an invitation for offer. When placing an order, you must fill in the quantity of the products and services you wish to purchase, price, payment method, consignee, contact information, shipping address and other information. The order generated by the system is only the contract offer you send to SANSI. A contractual relationship for the product can only be deemed to be established between SANSI and you when the product in your order is actually delivered directly to you. Due to the individuation, differentiation, and other particularity of the software, technology, and other services, if the services cannot be implemented or cannot be provided for special reasons when you are submitting work order/ order to SANSI for purchasing software and technical services, SANSI can notify you to cancel the order (you may cancel the order).
V. Privacy and Personal Information Protection
Your trust is very important to SANSI, and SANSI understands the importance of user information security. SANSI will take security protection measures in accordance with laws and regulations to protect your information. Refer to SANSI Smart Platform Privacy Policy for details.
VI. Intellectual Property
6.1. We respect the intellectual property, and will not use, modify, duplicate, disclose, alter, spread, issue or publish your achievements of intellectual property without your consent.
6.2. If any organization or individual considers that any content on the SANSI website (such as reprinted articles and product information published by the service provider) may infringe any of its legitimate rights and interests, such organization or individual may send a written right notice to SANSI at service@sansiled.com, and SANSI will address such issue as soon as possible after receiving the qualified notice from the holder of intellectual property rights.
6.3. Unless otherwise stated, SANSI and its Affiliate own the intellectual property right for the logo of SANSI website, “三思”, “SANSI”, and other texts, graphics and their combinations, as well as other identification, symbols, names of SANSI services and technical files on the SANSI website.
6.4. You shall respect the intellectual property rights and other legitimate rights/interests of SANSI and third parties, and ensure to indemnify SANSI and its employees, investors and partners from any impact or loss due to illegal events infringing the above rights and interests. SANSI reserves the right to terminate the services and refuse to refund if you infringes the legitimate rights/interests of SANSI and/or third parties.
VII. Confidentiality
SANSI promises to keep the information which is provided or informed during your registration of account or use of SANSI services confidential, and will not disclose your information to any third party, unless:
7.1. The information may be provided according to the Service Terms or other service agreements, contracts or on-line terms signed between you and SANSI;
7.2. The information shall be provided according to the laws and regulations or the requirements of administrative, judicial or other competent authorities;
7.3. Such confidential information has been disclosed to the public or can be obtained from the public domain without prejudice to the liability agreed hereunder.
VIII. Scope and Limitation of liability
8.1. You understand and agree that you shall undertake the claims of any third party resulting from your use of services, violation of the Service Terms or any action which takes place under your account. If any third party makes a claim with SANSI or its Affiliate, employees, customers or partners for this reason, you shall undertake and indemnify SANSI and its Affiliate for all the losses and liabilities incurred therefrom.
8.2. To the extent permitted by applicable laws, SANSI bears no liability for any indirect, punitive, special or derived loss associated with or arising from the Service Terms.
8.3. SANSI hereby reminds that during the use of SANSI services, you shall abide by the local laws and regulations, shall not endanger the security of the Internet, and shall not use SANSI services to engage in activities that infringe others’ reputation, privacy, intellectual property or other legitimate rights and interests. SANSI assumes no responsibility for your illegal act or default during the use of SANSI services.
8.4. If the users of SANSI intend to upload, provide or publish relevant information (including but not limited to user name, company name, contact person and information, related pictures and news) on the forum, community and service market of SANSI website, the users shall provide such information by themselves, and shall be fully responsible for the information they provide according to the law.
8.5. If you obtain any product or service from third party through the use of SANSI website (e.g. the service provider in the SANSI service market provides you services through the SANSI platform), the service provider will be responsible for the services provided for you, and SANSI assume no responsibility for such third-party services.
8.6. Prohibition of reverse engineering, reverse compilation and reverse assembly: You shouldn’t perform reverse engineering (Reverse Engineer), reverse compilation (Decompile) or reverse assembly (Disassemble) on this software product without altering any resources compiled within the program file. Except as expressly permitted by law or regulation, you shall abide by the terms of this Agreement.
8.7. Component segmentation: This software is licensed to be used as a companion software to a single product. You may not use the parts separately for any purpose.
8.8. Reserved rights: All other rights not expressly authorized in this Agreement remain in the possession of SANSI, and you must obtain the written consent of SANSI when using other rights.
IX. Liabilities for Breach of Contract
9.1. If one of the following situations occurs, you are deemed to be in breach of contract:
(1) You are violating relevant laws and regulations when using SANSI platform services;
(2) You are violating this agreement or the supplemental agreement of this agreement.
9.2. If there is a loss to SANSI and/or related companies (including, but not limited to direct economic loss of their own, loss of goodwill and compensation paid to a third party, reconciliation payment, lawyer fees, and litigation fees, and other indirect losses) due to your behavior, you shall indemnify SANSI and/or the related company from all the above losses.
X. Force Majeure and Accident
If the website of SANSI may not normally operate due to the following force majeure events or accidents, SANSI is not liable for damages:
10.1. Force majeure factors such as natural disaster, strike, riot, war, act of government, judicial and administrative order;
10.2. Utility factors such as power failure and communication network failure;
10.3. Short-time system maintenance of SANSI with prior announcement or notice.
XI. Applicable Laws and Jurisdiction
The validity, interpretation, modification, execution and dispute settlement of the Service Terms are subject to laws of the People’s Republic of China. Any dispute arising from the Service Terms shall be settled by both parties through friendly negotiation. If such negotiation fails, the parties may file lawsuits to the people’s court at the place where this agreement is signed. The Agreement is signed in Minhang District, Shanghai, People’s Republic of China.
XII. Service of Notice
12.1. You understand and agree that: SANSI may send you notices in one or more of notification ways such as web bulletin, e-mail, website message, text message, telephone call, system message, and instant message, and SANSI can count on the completeness, accuracy, and current validity of your contact information; the above notices are deemed to have been delivered upon successful delivery.
12.2. Unless a notification way is otherwise agreed in the Terms of Service or specified in the agreement signed between SANSI and you, the notice you send to SANSI shall be serviced based on the communications address, fax number, e-mail address and other contact information officially published by SANSI.
XIII. Update and Termination of Terms
13.1. SANSI is entitled to modify the Service Terms and relevant service rules, and will give an announcement or a notice by web bulletin, email, website message or short message. If you continue to use the services after the modification of the Service Terms, you will be deemed to have fully read, understood and accepted the contents as revised, and will also abide by such revised terms.
13.2. If your account is canceled, or your website services are terminated by mutual agreement, the Service Terms will be terminated.
XIV. Miscellaneous
14.1. The Service Terms consist of the contents hereof, rules and practices presented on relevant website page, service instructions (including operation files) and other terms/conditions confirmed by you. Both SANSI and you shall be subject to the Service Terms, and relevant nouns herein may be subject to cross reference and interpretation.
14.2. The section headings herein are set only for convenience, and do not have the force of law or contract.
14.3. If any provision herein is deemed as abolished, invalid or unenforceable, such provision shall be considered as separable, and shall not affect the validity and enforceability of the Service Terms and other provisions.
14.4. SANSI is entitled to transfer all or part of its rights and obligations for service to its Affiliate by announcement at its official website (www.SANSI.com), website notice or email.
14.5. Unless otherwise agreed, for provision of professional services, SANSI may also commission its Affiliate or other legal subject to provide you one or more specific services on the SANSI website. In this case, you may conclude relevant terms or conditions with the above company, and you shall carefully read and understand such terms and conditions before choosing to accept them or not.
14.6. Terms hereunder for confidentiality, intellectual property, applicable laws and jurisdiction and other terms supposed to survive in nature (e.g. guarantee on authenticity of registration information) shall not be invalid due to the termination of the Service Terms.
XV. How to Contact Us
You have any questions and comments about this Service Terms of SANSI Smart Platform, or you have any questions or comments about the practice and operation of SANSI, you can contact us through the following email address:
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