Welcome to DolpTrade.com(“DolpTrade”) is a curated wholesale online marketplace Connecting quality brands, quality products and retailers, accessible through its websites (collectively, the “Site”) and mobile applications (collectively, the “Application”) (together, the “Services”). Throughout these Terms of Service (“Terms”), the terms “DolpTrade”, “our”, “us”, and/or “we” refer to DolpTrade. The terms “you” and/or “your” refer to any visitor of the Site and/or the Application and any user of the Services, including any Member (as defined below). These Terms govern your access to and use of the Services and Collective Content (defined below), and constitute a binding legal agreement between you and DolpTrade.
Please read these Terms, our Privacy Policy, all of which are incorporated herein by reference and govern your access to and use of the Services. The Services are offered and available solely to users who are 18 or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with DolpTrade and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that party to these Terms and, in such event, “you” and “your” will refer and apply to that party.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES (INCLUDING BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ONTO THE SERVICES), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS AND POLICIES REFERENCED IN THESE TERMS. THIS APPLIES WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICES. IF YOU DO NOT AGREE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE INDIVIDUAL DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU SHOULD THERE BE A DISPUTE. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION SET FORTH IN SECTION 31 BELOW WORKS.
2. Modification
We reserve the right, at our sole discretion to modify, suspend, discontinue or terminate the Services or any content, feature or material we provide thereon, or to modify these Terms, at any time and without prior notice, and have no obligation to update any information thereon. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including Members. You agree that it is your responsibility to monitor changes to our Services. If we modify these Terms we will post the modification on the Site or via the Application and/or provide you with notice of the modification. By continuing to access or use the Services thereafter, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
3. Key Definitions
1.“Collective” means, collectively, DolpTrade Content and Member Content.
2.“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
3.“DolpTrade Content” means Content that DolpTrade makes available through the Services including any Content licensed from a third party, but excluding Member Content.
4.“Member” means a business that completes DolpTrade’s account registration process, as described under the “Account Registration” section below.
5.“Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to DolpTrade to be made available through the Services.
4. Account Registration
To access certain features of the Services and to post any Member Content thereon, you must register to create an account (“Account”) and become a Member. DolpTrade offers two types of accounts. The first is a “Creator Account” for buyers who purchase items on the Platform for the purpose of reselling them on social media platforms (“Creator Account”). The second is the "Buyer Account", which is used by buyers who purchase goods on this platform for the purpose of reselling them at online store merchants, physical store merchants, and wholesale buyers ("Buyer Account"). Each type of Account gives access to different aspects of the Services. We do not sell to direct consumers. If the purpose of your purchase is not for resale, please stop using the services of DolpTrade immediately, and you will need to pay consumption tax on the purchased goods.
You may register directly via the Site or Application. During the registration process, you will be required to provide certain information (depending on the type of Account), and you will establish a username and a password. You agree that all information you provide to register for an Account (and/or for any subsequent activity or interaction with DolpTrade and the Services), including through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information or information you provide, consistent with our Privacy Policy.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to temporarily suspend or permanently terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password and you agree that you will not disclose it to any third party. You agree that you are solely responsible for any activities or actions under your Account, whether you authorized them or not. You will immediately notify us of any unauthorized use of your Account. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
5. Account Levels
1.Creator Account. To purchase products through an expert account, you must submit an application to DolpTrade and obtain approval from DolpTrade. The application process and master account are free. The application seeks basic information about your identity, your media account and your main categories. If approved as an expert account, you will need to submit other information, including your media account, platform name and links, main business categories and related documents.Additional detail regarding information collected can be found in our Privacy Policy. For clarity, your use of the Services as a Brand is subject to the Brand Terms of Service referenced above.
2.Retailer Account. To purchase items through the Buyer Service, you need to create a free Buyer account. When you register as a buyer, you will be required to submit general information such as your first and last name, store type (e.g., online store, brick-and-mortar store), email address, and other information about your business. Before you make your first purchase as a buyer, you may be required to provide additional information, such as information about your business, payment method information, dealer ID number and related documentation, and any other information that DolpTrade may request. Additional detail regarding information collected can be found in our Privacy Policy. For clarity, your use of the Services as a Retailer is subject to the Retailer Terms of Service referenced above. You acknowledge and agree that by submitting your application to become a Retailer, you authorize DolpTrade and its designated agents to access your personal and business credit history, including obtaining a consumer credit report, for the purpose of evaluating your eligibility for a line of credit with DolpTrade. You further understand that credit inquiries may impact your credit score.By submitting payment details in conjunction with registering for a Retailer Account and/or purchasing goods, you agree to pay for the goods purchased and any applicable taxes and other fees that may accrue, and authorize us to charge the payment method with the information you have supplied to us, and/or to credit such payment method to make any adjustments if necessary. We reserve the right to correct any errors in pricing. We, and the Brand, have the right to refuse any order.
6. Ownership
The Services and Collective Content are each protected by copyright, trademark and other laws of the United States and foreign countries. You acknowledge and agree that the Services and Collective Content, excluding your specific Member Content, including all associated intellectual property rights, are the exclusive property of DolpTrade, its licensors and/or other providers of such material. Other than expressly stated herein, there are no implied licenses granted under these Terms. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content. Additionally DolpTrade is the owner of pending, registered and/or unregistered trademarks, trade dress and trade name appearing on the Services, including the DolpTrade name and logo, and all related names, logos, product and service names, designs and slogans. You agree to not use such marks without DolpTrade’s prior written permission. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
7. License Granted by DolpTrade
1.License Grant. Subject to the terms and conditions of these Terms, DolpTrade grants you: (a) a non-transferable, non-exclusive, revocable, limited license, with no right to sublicense, to use and access the Services, and to view any Collective Content to which you are permitted access solely for the purposes set forth in these Terms; and (b) a limited non-exclusive, revocable, non-transferable license to download and install a copy of the Application on your device solely in connection with your use of the Services.
2.Restrictions. Except as otherwise stated, the rights granted herein are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services or Collective Content; (b) you shall not copy, reproduce, disseminate, distribute, modify, adapt, create derivative works of, publicly display, publicly perform, stream, broadcast, republish, download, disassemble, reverse compile, reverse engineer, store, post or transmit any of the material or content on our Services; and (c) you shall not interfere with or circumvent any feature of the Services, including any security or access control mechanism, in whole or in part, except as permitted in these Terms. Except as expressly granted in these Terms, no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DolpTrade, its licensors or others. If you violate the rights of DolpTrade, its licensors or others, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. License Granted by Member
In order to get the most out of the Services, Members can provide or otherwise make Member Content available to us for use in connection with the Services. For these purposes, you hereby grant to DolpTrade a worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license to use, view, copy, adapt, modify, distribute, publicly display and publicly perform (through any means necessary) such Member Content on, through or by means of the Services and/or any of DolpTrade’s advertising, marketing, publicity or other initiatives or events. DolpTrade does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Content.
You acknowledge and agree that you are solely responsible for any and all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all such Member Content or you have all rights, licenses, consents and releases necessary to grant to DolpTrade the rights in such Member Content as contemplated under these Terms; and (b) neither the Member Content or any portion thereof nor your posting, uploading, publication, submission or transmittal of the Member Content or DolpTrade’s use of the Member Content (or any portion thereof) on, through or by means of the Services and/or third party platforms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or contain libelous, misleading, or otherwise unlawful, abusive, harassing or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, or result in the violation of any applicable law or regulation. You agree that you will not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any posts. You are solely responsible for any Member Content you make and its accuracy. DolpTrade takes no responsibility and assumes no liability for any Member Content posted by you or any third party, and you agree to indemnify DolpTrade per the terms of the Indemnification section herein.
9. Product resale
(a) As a Creator buyer, you can purchase products from us and resell the products on your social media accounts and personal fan communities (collectively, "Social Media Account"). You represent that you have the right to grant DolpTrade access to or otherwise make available your social media account and its content for the purposes described herein, subject to your violation of any terms and conditions governing your use of the applicable social media account. DolpTrade only provides you with goods and agreed services. DolpTrade does not directly face the customers you resell. You are obliged to file tax returns every year for the profits you make on this platform.
Please note that if a social media account or related services become unavailable for any reason, the social media account content provided from such social media account will no longer be available on or through the Services. You may contact DolpTrade at any time to unlink your Account and Social Media Accounts. Please note that your relationship with the social media service provider associated with your social media account is governed solely by the agreement between you and such social media service provider. DolpTrade does not review the content of any social media account for any purpose, including accuracy, legality, or non-infringement, and DolpTrade is not responsible for the content of any social media account. However, DolpTrade may, at any time and without prior notice, screen, remove, disable or block any Social Media Account Content that DolpTrade determines in its sole discretion violates these Terms or is otherwise objectionable.
(b) As a buyer, you can purchase products in wholesale or dropping form on DolpTrade and resell them through legal channels such as your online store and physical store. You declare that you will conduct formal business and you shall not use purchased products for illegal sales channels or unfair competition. DolpTrade only provides you with goods and agreed services. DolpTrade does not directly face the customers you resell. You are obliged to file tax returns every year for the profits you make on this platform.
10. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and agree that if you submit any Feedback to us (through any communication channel), you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
11. Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Services, or by anyone who may be informed of any of its contents.
The Services include content provided by third parties, including materials provided by other users, Members, bloggers and third party licensors. All statements and opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by DolpTrade, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of DolpTrade. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
12. Links to Third Party Websites
The Services may contain links to third-party websites or resources. You acknowledge and agree that DolpTrade is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the Content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by DolpTrade of such websites or resources or the Content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. Also, Apple Inc. (“Apple”) and Google, Inc. will be a third party beneficiary to these Terms if you access the Services using applications developed for Apple iOS or Android, respectively. These third party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these applications or devices is subject to terms set forth in their respective terms of service and privacy policies.
13. Buy, trade, and pay
If you wish to purchase any product or service made available through the Site ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, credit card number, and credit card expiration date , billing address and shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card or other payment method in connection with any purchases; and (ii) the information you provide us is true, correct and complete.
We use third-party payment platforms, including but not limited to Paypal and Stripe, to process credit and debit card transactions for your orders and Paypal to process compensation received through participation in the Services. By submitting your information, you grant us the right to provide the information to these third parties in accordance with our Privacy Policy. You expressly understand and agree that we are not responsible for any payments and monetary transactions that occur through your use of this website. You expressly understand and agree that all payments and monetary transactions are processed by third parties. You agree that we are not responsible for any financial and monetary transactions between you and any other party. You are responsible for all transactions (processed through the Site and/or third parties. We are not responsible for any loss or damage caused by incorrect or invalid transactions processed due to network communication errors, invalid financial information, or any other reason. If you process a transaction , it is your responsibility to verify that the transaction was successfully processed. You may not process stolen credit cards or unauthorized credit cards through the Site.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, errors in the product or service description or price, order error, or other reasons.
We reserve the right to refuse or cancel orders if fraud or unauthorized or illegal transactions are suspected.
We may offer certain products through third-party sellers. DolpTrade does not control any third-party sellers, and your ordering, purchasing, receiving or using any products provided by any third-party sellers is solely a transaction between you and that third-party seller. Each third-party seller may have its own terms, guidelines, or rules that are independent of these Terms, and it is your responsibility to review and comply with any such terms, guidelines, or rules. All access to and use of any website controlled by a Third Party Seller or any retail location operated by a Third Party Seller is entirely at your own risk.
14. Refunds, returns, exchanges
No questions asked returns/exchanges. You can initiate a refund within 3 hours after completing the order payment. We will refund the payment to your account after confirming that the item has not been dispatched. If the goods have already been shipped when you initiate a refund, you are responsible for paying the shipping costs and return costs that have been incurred, and we will deduct this amount and refund it to your account.
Returns/Exchanges due to discrepancies between item and description. If you receive a physical product and determine that the actual product significantly does not match the corresponding description in terms of color, material, or size, you may submit a return or exchange request to our Help Center. If we are unable to verify the discrepancy, we can offer an exchange or return provided the item is still in good condition for resale, but you will be responsible for the shipping costs of sending the item to the specified address.
Return/Exchange due to incorrect delivery of the item. You can request a return or exchange for an item you received in error. We will bear the shipping cost of sending the item to the designated address. If the item is still in good condition suitable for resale, a refund/exchange will be initiated.
Return/Exchange due to defective item. If you receive an item with quality issues, you can contact our Help Center to request a return/exchange. After confirming the defect, we can offer an exchange or return, provided the item is still in good condition suitable for resale, and we will be responsible for the shipping costs of sending the item to the specified address.
15. Third-Party Services
The Service may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any other third-party websites. In addition, we reserve the right to, but are not obligated to review any content created for promotional purposes in connection with the Service, including but not limited to audio and visual material for Web Stores (the “Content”). By using the Website and the Service, you expressly relieve us from any and all liability arising from your use of the Website and the Service.
16. Prohibited Uses
You agree not to do any of the following
1.Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
2.Use, embed, display, mirror or frame the Site or Application, or any individual element within the Services, DolpTrade’s name, any DolpTrade trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without DolpTrade’s express written consent or as enabled by features made available by DolpTrade (e.g., widgets) (you may link to DolpTrade’s homepage, so long as you do not imply or suggest any form of association, approval or endorsement on our behalf without our express written consent but you may not link to the Site in a libelous, misleading or otherwise unlawful manner, or in any manner that violates these Terms);
3.Access, tamper with or use non-public areas of the Site or Application, DolpTrade’s computer systems or the technical delivery systems of DolpTrade’s providers;
4.Attempt to probe, scan, or test the vulnerability of any DolpTrade system or network or breach any security or authentication measures;
5.Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DolpTrade or any of DolpTrade’s providers or any other third party (including another user) to protect the Services or Collective Content;
6.Attempt to access or search the Services or Collective Content or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by DolpTrade or other generally available third party web browsers;
7.Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to, through, or with any assistance from, the Services;
8.Use any meta tags or other hidden text or metadata utilizing a DolpTrade trademark, logo URL or product name without DolpTrade’s express written consent;
9.Use the Services or Collective Content in any manner not permitted by these Terms;
10.Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
11.Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services or Collective Content;
12.Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming or mail-bombing the Services;
13.Collect or store any personally identifiable information from the Services from other users of the Site, Services or Application without their express permission and in a manner that does not violate DolpTrade’s Privacy Policy;
14.Impersonate or misrepresent your affiliation with any person or entity;
15.Violate any applicable law or regulation; or
16.Encourage or enable any other third party to do any of the foregoing.
DolpTrade will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. DolpTrade may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that DolpTrade has no obligation to monitor your access to or use of the Services or Collective Content, or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. DolpTrade reserves the right, at any time and without prior notice, to remove or disable access to any Member Content or Collective Content that DolpTrade, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services. DolpTrade reserves the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies or other oversight bodies if DolpTrade suspects illegal activity may be taking place.
17. Text Messages and Telephone Calls
DolpTrade, and those acting on DolpTrade’s behalf, may contact you by telephone or text message (including through use of an automatic telephone dialing system) at the phone numbers you have provided to us. These messages may include operational messages about your use of the Service. You understand that you are not required to consent to communications as a condition of purchasing any property, goods or services. You may opt out of receiving telephone calls or text messages from us at any time, either by texting the word “STOP” in response to a text message received from us using the mobile device that is receiving the messages. You may continue to receive text messages for a short period while DolpTrade processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality of the Services. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
18.Procedure for Claiming Intellectual Property Infringement – DMCA Notice
DolpTrade respects intellectual property laws and expects its users to do the same. It is DolpTrade’s policy to terminate, in appropriate circumstances, Members or other account holders who infringe or are believed to be infringing the intellectual property rights of others. Click here for DolpTrade’s Copyright & IP Policy.
19. Information We Collect About You
All information we collect about you when you apply for an account or use or visit the Services is subject to our Privacy Policy. By using the Services, you consent to the terms and conditions of the Privacy Policy and all actions taken by us in accordance with it.
20. Termination and Account Cancellation
If you breach any of these Terms, DolpTrade will have the right to suspend or disable your Account or terminate these Terms, in its sole discretion and without prior notice to you. DolpTrade reserves the right to revoke your access to and use of the Services and Collective Content at any time, with or without cause. In the event DolpTrade terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by contacting us.
21. Disclaimers
THE SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DolpTrade EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DolpTrade MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. DolpTrade MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DolpTrade OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT DolpTrade DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES DolpTrade MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. DolpTrade MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
22. Indemnity
You agree to defend, indemnify, and hold DolpTrade, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Terms, and/or any law or the rights of a third party, and/or your use of the Services, including your Member Content.
23. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER DolpTrade NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DolpTrade HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL DolpTrade’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT EXCEED US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DolpTrade AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
24. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action or court proceeding permitted under these Terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
25. Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
26. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without DolpTrade’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. DolpTrade may assign or transfer these Terms in its sole discretion without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
27. Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (a) by DolpTrade via email (in each case to the primary account email address that you provide); (b) by posting to the Site; or (c) via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
28. Terms Amendment
We may modify the Terms at any time by posting the modified Terms on this Site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
29. Geographic Scope
While this Website may be visited and used internationally and may contain references to the Service not available in all countries, you agree that: (i) the Service shall be deemed solely based in People’s Republic of China and (ii) the Service shall be deemed a passive website and mobile application that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than China. We may in our sole discretion limit, deny or create different level of access to and use of any Service (or any features within the Service) with respect to different users.
30. Governing Law
These Terms shall be governed and construed in accordance with the laws of the People’s Republic of China. By using the Service, you agree that the laws of the People’s Republic of China, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and us.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our website and supersede and replace any prior agreements we might have had between us regarding the website.
31. Dispute Resolution
These terms and conditions and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in The People’s Republic of China, without regard to its conflict of law provisions. You agree that any and all controversies, disputes or claims arising out of your use of the Website, the Service, or these Terms and Conditions shall be exclusively governed and decided by binding arbitration. The determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes). The parties agree that the issue of arbitrability shall also be decided by such arbitrator. Each party shall bear its own costs in any arbitration. The arbitration provision contained herein shall be self-executing and shall remain in full force after expiration or termination of this Agreement. The place of arbitration shall be The People’s Republic of China.
32. Waiver and Severability
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision that may arise between you and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as Our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against Us in the same proceeding.
This Provision provides that all disputes between you and DolpTrade shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
YOU WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL DISPUTES OVER THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY USING OUR WEBSITE YOU SPECIFICALLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION OR CLAIM OR COLLECTIVE ACTION OR CLAIM YOU MAY HAVE AGAINST US, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION OR JOINING ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT OR ANY OTHER PROCEEDING. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND US WILL BE LITIGATED INDIVIDUALLY AND THAT YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY SUCH CLAIM. IF AT ANY TIME YOU ARE DEEMED A MEMBER OF ANY CLASS CREATED BY ANY COURT OR IN ANY OTHER PROCEEDING, YOU SHALL "OPT OUT" OF SUCH CLASS AT THE FIRST OPPORTUNITY, AND SHOULD ANY THIRD PARTY PURSUE ANY CLAIMS ON YOU’RE BEHALF YOU SHALL WAIVE YOUR RIGHTS TO ANY SUCH MONETARY RECOVERY.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
If any of these Terms are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches. We shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms any person or entity.) You may not assign, in whole or part, the Terms to any person or entity. This constitutes the entire agreement between you and us and governs your use of the Website and the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.
33. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between DolpTrade and you regarding the Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between DolpTrade and you regarding the Services and Collective Content.
34. Miscellaneous
The failure by DolpTrade to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DolpTrade. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Throughout these Terms, the word “include” or “including” means “including, but not limited to”. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.
35. Contact Us
If you have any questions about these Terms, please contact DolpTrade at:
DolpTrade Group Contact Information
Room 22, 2nd Floor, Fudu Building, 98 Argyle Street, Mong Kok, Kowloon, Hong Kong
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