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Terms of Service

Last Updated: January 15, 2024

1. Acceptance of Terms

Welcome to Beijing Xiannuoda Commerce And Trade Co., Ltd. ("Beijing Xiannuoda," "we," "our," or "us"). By accessing or using our website at bjxiannuoda.com (the "Website") and our mobile applications available on Google Play and App Store (the "Apps"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not access or use our services.

These Terms constitute a legally binding agreement between you and Beijing Xiannuoda regarding your use of the Website and Apps. By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Services

Beijing Xiannuoda provides comprehensive commerce and trade services, including but not limited to:

  • Domestic Trade Agency Services (edible agricultural products, daily necessities, electronics)
  • Mobile Application Development and Management
  • Warehouse Storage and Logistics Services
  • Exhibition Planning Services
  • Import and Export Trade Services
  • Food and Alcohol Trading (with proper licensing)

Our mobile applications provide business management tools, inventory tracking, order processing, sales analytics, and other productivity features designed for businesses and individuals.

3. Eligibility and Age Requirements

3.1 General Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use our services. By using our services, you represent and warrant that you meet this requirement.

3.2 Children's Access Restrictions

Our services are not intended for children under the following ages:

  • United States: Under 13 years old (COPPA compliance)
  • European Union: Under 16 years old (GDPR compliance)
  • United Kingdom: Under 13 years old (UK GDPR/ Age Appropriate Design Code)
  • Other Jurisdictions: As required by applicable local laws

We do not knowingly collect personal information from individuals under these ages. If we become aware that we have collected personal information from a child under the applicable age, we will promptly delete such information. Parents or guardians who believe their child has provided us with personal information should contact us immediately at support@bjxiannuoda.com.

3.3 Parental Controls

Our mobile applications support parental control features available on iOS and Android devices. Parents can use these controls to restrict their children's access to our applications and in-app purchases. We recommend parents enable these controls for children who may access our apps.

3.4 Age Verification

We may implement age verification mechanisms in our applications. Users who do not meet the minimum age requirement should not attempt to circumvent these measures.

4. User Accounts and Registration

Some features of our services may require you to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities under your account

5. Acceptable Use Policy

You agree not to use our services to:

  • Violate any applicable laws, regulations, or third-party rights
  • Distribute harmful content including viruses, malware, or malicious code
  • Engage in fraudulent or deceptive practices
  • Impersonate any person or entity
  • Interfere with the proper functioning of our services
  • Attempt unauthorized access to our systems or data
  • Use automated tools to scrape or extract data without permission
  • Distribute spam, unsolicited communications, or advertisements
  • Violate the intellectual property rights of others
  • Upload or share inappropriate, offensive, or harmful content

6. Mobile Application Usage

6.1 App Store and Google Play Compliance

Our mobile applications are distributed through Apple's App Store and Google Play Store. By downloading and using our apps, you agree to comply with:

  • Apple's App Store Review Guidelines
  • Google Play Developer Program Policies
  • Platform-specific terms and conditions
  • Developer code of conduct requirements

6.2 App Updates and Compatibility

We may release updates to our applications periodically. Some updates may be required for continued access to certain features. We are not obligated to maintain compatibility with older device models or operating system versions.

6.3 Device Requirements

To use our mobile applications, you need a compatible device meeting the following minimum requirements:

  • iOS Apps: iPhone, iPad, or iPod touch with iOS 12.0 or later
  • Android Apps: Android device with Android 5.0 (Lollipop) or later
  • Sufficient storage space as specified in app listings
  • Internet connection for cloud-based features

7. Intellectual Property Rights

All content, features, and functionality of our Website and Apps, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and code, are the property of Beijing Xiannuoda or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our services without our prior written permission. All trademarks, service marks, and trade names are the property of their respective owners.

8. Advertising in Mobile Applications

Our mobile applications may include advertisements from third-party advertising networks. By using our apps, you acknowledge and agree that:

  • Third-party ads may be displayed based on various factors including your device information, usage patterns, and inferred interests
  • Advertising supports our free service model
  • We are not responsible for the content of third-party advertisements
  • Clicking on advertisements may direct you to third-party websites or applications
  • Ad networks may collect data as described in our Privacy Policy

Types of advertisements you may encounter include splash ads, interstitial ads, rewarded video ads, banner ads, and native ads. You can control ad personalization through your device settings.

9. In-App Purchases and Payments

Our mobile applications may offer in-app purchases such as premium features, subscriptions, or virtual goods. By making in-app purchases, you agree to:

  • Pay all applicable fees as described at the point of purchase
  • Comply with payment provider terms (Apple, Google, etc.)
  • Understand that purchases may be non-refundable depending on platform policies
  • Understand that virtual items have no real-world monetary value

10. Service Availability and Modifications

We strive to provide reliable and continuous service, but we cannot guarantee uninterrupted access. We reserve the right to:

  • Modify, suspend, or discontinue any part of our services at any time
  • Update our applications with new features or remove existing ones
  • Change pricing for paid services with reasonable notice
  • Implement maintenance windows that may temporarily affect availability
  • Restrict access to certain features or the entire service

11. Data and Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using our services, you consent to the data practices described in our Privacy Policy.

We comply with various privacy regulations including:

  • General Data Protection Regulation (GDPR) - European Union
  • California Consumer Privacy Act (CCPA/CPRA) - California, USA
  • UK General Data Protection Regulation (UK GDPR) - United Kingdom
  • Personal Information Protection and Electronic Documents Act (PIPEDA) - Canada
  • Lei Geral de Proteção de Dados (LGPD) - Brazil
  • Privacy Act 1988 - Australia
  • Act on Protection of Personal Information (APPI) - Japan

12. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability
  • Implied warranties of fitness for a particular purpose
  • Implied warranties of non-infringement
  • Warranties that the service will be uninterrupted, secure, or error-free
  • Warranties regarding the accuracy or reliability of any content
  • Warranties regarding the quality, safety, or legality of any products or services

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEIJING XIANNUODA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, data, or business opportunities
  • Damage to reputation or goodwill
  • Cost of substitute services
  • Business interruption damages
  • Any damages resulting from third-party actions or advertisements

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Beijing Xiannuoda, its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your negligent or wrongful conduct
  • Any content you submit or transmit through our services

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts located in Beijing, China.

For users in other jurisdictions, we make no representation that our services are appropriate or available for use in your location. Those choosing to access our services do so on their own initiative and are responsible for compliance with local laws.

16. International Compliance

Our services are designed to comply with laws and regulations in multiple jurisdictions. Specific compliance areas include:

16.1 United States

  • Children's Online Privacy Protection Act (COPPA)
  • Federal Trade Commission Act
  • Americans with Disabilities Act (ADA) accessibility considerations
  • State-specific consumer protection laws

16.2 European Union

  • General Data Protection Regulation (GDPR)
  • ePrivacy Directive
  • Digital Services Act (DSA) considerations
  • Digital Markets Act (DMA) considerations

16.3 United Kingdom

  • UK General Data Protection Regulation (UK GDPR)
  • Data Protection Act 2018
  • Age Appropriate Design Code
  • Consumer Rights Act 2015

16.4 Other Regions

We continuously work to ensure compliance with applicable laws in all jurisdictions where our services are available. Users are responsible for ensuring their use of our services complies with local laws.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@bjxiannuoda.com to attempt to resolve any dispute informally.

17.2 Arbitration

For disputes that cannot be resolved informally, you agree that any dispute shall be resolved through binding arbitration in accordance with the rules of the China International Economic and Trade Arbitration Commission (CIETAC) or other mutually agreed arbitration institution.

17.3 Class Action Waiver

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Beijing Xiannuoda.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

  • Posting the updated Terms on our Website
  • Updating the "Last Updated" date at the top of these Terms
  • Sending email notification for significant changes
  • Providing in-app notification for mobile application changes

Your continued use of our services after any modifications indicates your acceptance of the updated Terms. If you do not agree to the changes, you must stop using our services.

19. Termination

You may terminate your account and stop using our services at any time. We may terminate or suspend your access immediately, without prior notice, for any reason, including:

  • Violation of these Terms
  • Illegal or fraudulent use of our services
  • Requests by law enforcement or government authorities
  • Extended period of inactivity
  • Unexpected technical or security issues

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

21. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will only be effective if in writing and signed by Beijing Xiannuoda.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Beijing Xiannuoda regarding your use of our services.

23. Contact Information

If you have any questions about these Terms of Service, please contact us:

Beijing Xiannuoda Commerce And Trade Co., Ltd.
Building 1 and Building 6 (Building 3, No. 8)
No. 9 Kangbao Road, Miyun District
Beijing, 100000, China

Email: support@bjxiannuoda.com
Website: bjxiannuoda.com

Acknowledgment: By using our website and mobile applications, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all referenced policies. These terms apply to all users worldwide and are designed to ensure compliance with applicable laws in various jurisdictions.

Beijing Xiannuoda

Your trusted partner in global commerce and innovative mobile solutions.

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