PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
2.1We may take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Limit, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, or remove any material that you submit to our sites for any reason;
- Refuse, move, or remove any content that is available on our sites;
- Limit or delete your accounts and all related information and files in your account;
- Cancel unconfirmed accounts
- Establish general practices and limits concerning use of our sites.
Each User hereby agrees that in no event shall Qrbiz be liable to the User or any third parties for any inability to use the Site, any delays, errors or omissions with respect to any communications or transmission, or any damage arising from the use of or inability to use the Site or any of its features. 2.2 Users must use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "Qrbiz Content") for the purpose of re-selling or re-distributing the Qrbiz Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Qrbiz, or otherwise commercially exploiting the Qrbiz Content. Systematic retrieval of Qrbiz Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Qrbiz is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. 2.3 As a condition of your access to and use of Qrbiz, you agree that you will not use the Qrbiz service to infringe the intellectual property rights of others in any way. 2.4 Unauthorized access to our sites is a breach of these Terms and a violation of the law. Users agree not to access our sites by any means other than through the interface that is provided by Qrbiz for use in accessing our sites. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing
3.1 Certain areas of Qrbiz.com may require registration or may otherwise ask you to provide information to participate in certain features or access certain content ("Premium Services"). The decision to provide this information is purely optional, however if you choose "NO", you may not enjoy the Premium Services. Note that most of the Premium Services are provided to users free of charge, while some are only available to paying users holding a premium membership in Qrbiz.com.
4.1 Some of the Qrbiz Content displayed on this Site is provided or posted by third parties ("Third Party Content"). Qrbiz is not the author of third-party content, whether contributed by anonymous users or paid content providers. Neither Qrbiz nor any of our affiliates, directors, officers or employees has entered into any sales agency relationship with such third party by virtue of our display of the Third Party Content on the Site. Any Third Party Content is the sole responsibility of the party who provided the content. Qrbiz is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, Qrbiz is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct. 4.2 Qrbiz may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that Qrbiz has no control over such third party's web site, does not monitor such sites, and Qrbiz shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
Conduct of Use
5.1 Each User hereby agrees to provide Qrbiz with true, accurate, current and complete information. You should update all information timely to keep it true, accurate, current and complete.
5.2 In case User got a password from us, you may not reveal it to anyone else. User is responsible for maintaining the confidentiality of your accounts and passwords. User agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. We will not be responsible for any loss or damage that may result if User fails to comply with these requirements.
5.3 Each User hereby agrees that you will not use our sites to take any of the following actions:
- Post information contain false, fraudulent, inaccurate, misleading, defamatory, or libelous content (including personal information);
- Violate any laws (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), third party rights, or our policies such as the Product Restrictions And Prohibition policies;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
- Restrict or inhibit any other user from using and enjoying any public area within our sites;
- Interfere with or disrupt our sites, servers, or networks;
- Engage or promote in any illegal activities.
- Harvest or otherwise collect information about users, including personal information and public information without Qrbiz consent; or
- Otherwise create any liability for Qrbiz or its affiliates.
Transactions between Buyers and Suppliers
6.1 Through the Site, Qrbiz provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services. Qrbiz does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, Qrbiz does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
6.2 As user verification on the Internet is difficult, users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Qrbiz uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
6.3 Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, which we call them "Transaction Risks."
- The risk relating to products and services during transaction
- The risk relating to violation of Third Party's Rights during transaction.
- The risk relating to claim arising from consumers, other purchasers, end-users of products in connection with using the Site.
6.4 Each User agrees that Qrbiz shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
6.5 In using the Site, Users should solely cope with all of the terms and conditions of the transactions, including but not limited terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
Limitation of Liability
7.1 THE FEATURES AND SERVICES ON THE QRBIZ.COM SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND QRBIZ HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
7.2 QRBIZ MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. QRBIZ DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND QRBIZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE QRBIZ.COM SITE.
7.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Qrbiz or through or from the Site shall create any warranty not expressly stated herein.
7.4 Under no circumstances shall Qrbiz be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
7.5 Qrbiz shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
- The use or the inability to use the Site;
- Any defect in goods, samples, data, information or services purchased or obtained from a user or a third-party service provider through the Site;
- Violation of Third Party Rights or claims or demands that Users' manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- Unauthorized access by third parties to data or private information of any User;
- statements or conduct of any User of the Site; or
- Any matters relating to Premium Services however arising, including negligence.
Intellectual Property Rights
8.1 Qrbiz is the sole owner or lawful licensee of all the rights to the Site and the Qrbiz Content. The Site and Qrbiz Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Qrbiz Content shall remain with Qrbiz, its affiliates or licensors of the Qrbiz Content, as the case may be. All rights not otherwise claimed under this Agreement or by Qrbiz are hereby reserved.
8.2 "Qrbiz", "Qrbiz.com," and related icons and logos are registered trademarks or trademarks or service marks of Qrbiz Corporation in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
9.1 All notices or demands to or upon Qrbiz shall be effective if in writing and shall be duly made when sent to Qrbiz in the following manner: to 5/F Union Plaza, No.20 Chaowai Street, Beijing 100020, P.R.C. Attn: Legal Department.
9.2 All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Qrbiz, 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 Qrbiz is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or immediately upon Qrbiz' posting such notice on an area of the Site that is publicly accessible without charge.
10.1 Each User hereby agrees to indemnify and save Qrbiz, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save Qrbiz, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Qrbiz.
10.2 Each User hereby further agrees to indemnify and save Qrbiz, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Qrbiz is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Qrbiz reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Qrbiz in asserting any available defenses.
If users have a dispute with one or more users, users release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Resolution of Disputes
13.1 If a dispute arises between you and Qrbiz, we shall attempt in the first instance to resolve such dispute through friendly consultation. We strongly encourage you to first contact us directly to seek a resolution before you resort other means. Accordingly, you and Qrbiz agree that we will resolve any claim or controversy by litigation unless otherwise agreed in writing.
13.2 This Agreement shall be governed by the laws and regulations of the People's Republic of China. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of the People's Republic of China.
14.2 Qrbiz and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
14.3 Qrbiz may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Qrbiz of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Qrbiz.
14.4 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
14.5 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
14.6 Qrbiz' failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives Qrbiz's right to act with respect with subsequent or similar breaches.
14.7 Qrbiz shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Premium Services to any person or entity.