BEFORE YOU COMPLETE THE REGISTRATION PROCESS AND BECOME OUR REGISTERED BUYER, PLEASE READ THE FOLLOWING TERMS CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THE REGISTRATION AGREEMENT, PLEASE DO NOT CLICK "REGISTER NOW" BUTTON.
Welcome to DHport, your reliable online marketplace.
The web site identified by the uniform resource locator www.DHport.com (the " Site ") is provided by Dunhuang Holding (HK) (referred to throughout this site as " DHport ") as a service to our customers. This Registration Agreement (referred to throughout this site as " the Agreement ") is entered into between you as the registered user of the site (the “ the Registered User or User ”) and DHport.
Please review the following basic rules that govern your use and access on the site. Please also note that your click of “ Create My Account ” button constitutes your unconditional agreement to follow and be bound by this Agreement. If you do not accept all of the terms of this Agreement, please do not click the “ Accept the Agreement ” button.
1. Application of Registration Agreement
1.3 Except as explicitly stated otherwise, the registration, services, functions and features on the Site is free of charge for our Registered Users; however, DHport reserves the right to charge them in the future for undisclosed reasons.
1.4 After your registration, you will get a unique Account ID and Password from DHport and the Site. Each Use shall take responsibility solely for the transaction outcome occurred under this Account ID and Password, and for the confidentiality of your Account ID and Password. You should use this Account ID and Password alone, and, without prior written consent from DHport, you should not transfer your Account ID and Password to others for any use. DHport shall not take responsibility for any loss or damages related to improper usage or transfer of the Account ID or Password.
1.5 In its sole discretion, DHport may suspend or terminate any account, part of function and service of any account, for whatever reason, including but not limited to, any delay of payment delivery, breach of contract, infringement of third party rights, or creating any liability for the Site or DHport.
1.6 Please also note that the services, functions and features from the Site that the registered user may enjoy may differ with the country or region you are living or transacting, and certain functions and services on the Site may require special verification or be preserved for paying members only.
2. The purchase on the Site
2.1 You must be registered on the Site in order to make purchases on the Site and/or access some Services. Your status as a Registered User and the purchase process are governed by the Agreement and any terms and conditions related thereto. DHport may reject a User’s application for registration for any reason. Upon registration on the Site, DHport shall assign an account (the “DHport Account”) and a password (the “Password”) to each Registered User.
2.2 Each User will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the DHport account. Each User represents, warrants and agrees that (a) such information and material, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service, is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
2.3 By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) purchased. You realize that any delay in the process of delivery payment may constitute a contract breach, and you shall be solely responsible for such breach.
2.4 Each User understands and accepts that the price listed for the product on the Site and/or the price paid for the product includes the commission due to DHport.
2.5 You understand that by using and accessing the Site or any Services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any Service at your sole risk, and that DHport shall have no liability to you for Content that may be deemed to be offensive, indecent, or objectionable.
2.6 Each User understands and accepts that the product and content listing or displaying on the Site may relate to copyrights, trademarks, trade secrets, patents and other personal or proprietary rights of a third party. Further, each User agrees that the User who uploads or lists that content and information on the Site shall be solely responsible for any violation of third party rights. The Site and DHport shall not be liable for any infringement or purchase dispute related to the intellectual property and/or other personal or proprietary rights of third party.
2.7 When required by the government, law enforcement body, or obligee whose legitimate right has been injured, or forced by subpoena or other legal document, DHport may disclose the User’s identity and contact information. User agrees not to bring any action or claim against DHport for such disclosure.
3. Transactions between Buyers and Sellers
3.1 Each Registered User understands and agrees that DHport is not a traditional seller or mart. Throughout the Site, what DHport provides is only an online platform or venue for information exchange and transaction between buyers and sellers. Although DHport will monitor the regular operation of the Site to fulfill the duty of care, DHport does not review and check each posted content and listing to search for the infringement and illegal activity. Besides, due to the limitation of current technology, searching for the infringement and illegal activity in our Site is beyond our competence and capability.
3.3 Registered Users hereby acknowledges that although DHport tries its best to provide the users with accurate information and listing posted by sellers, and do general verifications about the identity of the sellers, there still may be risks of purchasing with people online. Therefore, we encourage you, the registered user, to use relevant tools available, reasonable judgment, as well as common sense, to make the deal online.
3.4 In no event shall DHport be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, lawfulness or availability of the products or services and the payment from buyers, as well as any intellectual property infringement by sellers.
3.5 The users (including the seller and buyer) agree to release and indemnify DHport and its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including, but not limited to, any actual, special, incidental or consequential damages) arising out of or in connection with any transactional dispute about the products, listing, or information on the Site.
3.6 In order to help the sellers and the Registered Users solve and settle any transactional disputes effectively and efficiently, DHport has established the “Handling Procedures for Transactional Dispute”. Such procedures can be viewed at: http://help.DHport.com/help/buyerhelpen.php?catid=3303. Here, the sellers and Registered Users shall agree that when the Registered Users file the transactional disputes with DHport, the sellers and the Registered Users should comply with the “Handling Procedures for Transactional Dispute”, and permit DHport to make a final binding decision regarding the dispute.
4. Limitation of Liability
4.1 To the maximum extent permitted by law, this Site is provided by DHport on an “as is”, “as available” and “with all facts” basis. DHport makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, DHport hereby expressly disclaims any and all warranties, express or implied, including, but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, DHport disclaims any and all warranties, express or implied, for any merchandise offered on this Site. All such warranties, representations, conditions and undertakings are hereby excluded. You acknowledge, by your use or access of the Site, that your use or access of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this Agreement.
4.2 Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall DHport or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of DHport has been advised of or should have known of the possibility of such damages.
4.3 In addition, in no event shall DHport be liable for damages stemming from any one of the following, no matter it is special, direct, indirect, punitive, incidental or consequential damages, or related to contract, negligence, tort or otherwise: a) Any disputes related to goods, services, or information purchased or obtained from a seller or a third-party via the Site, including, but not limited to, disputes about quality, safety, warranty, lawfulness or availability of such goods, services or information;
b) Any violation of Third Party Rights on the Site;
c) Unauthorized access to data or private information of any User on the Site; or
d) Statements or conducts of any User of the Site.
4.4 Notwithstanding any of the foregoing provisions, if DHport, our employees, agents, affiliates, representatives or anyone acting on our behalf is found to be liable, our liability will not exceed the commissions paid by you in connection with your use of the Site during the three month period preceding the date on which the claim arose.
You agree to defend, indemnify and hold DHport and its affiliate, directors, officers and employees harmless from and against any and all losses, claims, liabilities, damages, costs and expenses, including attorneys’ fees, arising from or related to (1) your use of the Site, (2) your breach of any representations and/or warranties made by you to DHport and (3) claims asserted by third party rights claimants or other third parties relating to products offered or displayed on the Site.
7.1 Except as explicitly stated otherwise, all notice or demand to or upon DHport shall be in writing and delivered to DHport by mail to the following address: 8F, Tower A, You Sheng Plaza, N0. 28 Cheng Fu Road, Hai Dian District, Beijing, P.R. China, 100020. Attn: Legal Department. Notice shall be deemed effective when received by DHport in any of the above-mentioned manner.
7.2 All notices or demands to or upon a User shall be effective if delivered personally, by e-mail to the e-mail address provided to DHport during the registration process (as updated from time to time, if applicable), or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (1) DHport is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (2) immediately upon DHport posting such notice on an area of the Site that is publicly accessible without charge.
7.3 You agree that all agreements, notices, demands, disclosures and other communications that DHport sends to you electronically satisfy the legal requirement that such communication should be in writing.
8.1 DHport reserves the right to update or modify this Registration Agreement at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Registration Agreement as changes.
8.2 Headings used in the Agreement are for reference purposes only and in no way define or limit the scope of the section.
8.3 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted or reformed to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.
8.4 The failure of DHport to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit DHport’s rights with respect to such breach or any subsequent breaches.
8.5 Any action or proceeding arising out of or related to this Agreement or your use of this Site must be submitted to the China International Economic and Trade Arbitration Commission for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of the application for arbitration. The arbitral award shall be final and binding upon both parties.
8.6 This Agreement shall be governed by and construed under the laws of People’s Republic of China (“P.R.C.”) without regard to conflict of law provisions.
8.7 If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.