Version: 1st edition of 2021
Updated on March 1st, 2021
Effective Date: March 1, 2021
Welcome to sign this “TopTinker Platform Registration Agreement” (hereinafter referred to as “this Agreement”) with the operator of the TopTinker application platform (see definition terms) and use the TopTinker application platform services!
This agreement is a revised version of the “TopTinker Platform Registration Agreement”. From the date of publication of this agreement, all references to the “TopTinker Platform Registration Agreement” throughout the TopTinker Platform refer to this agreement.
The keywords listed before each service clause are only for the purpose of helping you understand the main idea expressed in that clause, and do not affect or limit the meaning or interpretation of the terms of this agreement. To protect your own rights, we suggest that you carefully read the specific expressions in each clause.
Before signing this agreement during the registration process, you should carefully read it. Please carefully read and fully understand the contents of each clause, especially the clauses on exemption or limitation of liability, legal application, and dispute resolution. The clauses that exempt or limit liability will be highlighted in bold underline, and you should read them carefully.If you have any questions about the agreement, you can consult the customer service of the TopTinker application platform.
【 Registration Action 】 When you fill in the information as prompted on the registration page, read and agree to this agreement, and complete all registration procedures, it means that you have fully read, understood, and accepted all the contents of this agreement, and have reached an agreement with the TopTinker application platform, becoming a “user” of the TopTinker application platform. During the process of reading this agreement, if you do not agree with this agreement or any of its terms, you should immediately stop the registration process.
1、 Definition
TopTinker Platform Operator (or referred to as “TopTinker Mall”): refers to “Chongqing Zhizhuang Information Technology Co., Ltd.
TopTinker Platform: refers to the TopTinker website (domain name: www.toptinker.com) and its client.
TopTinker Platform services: TopTinker operators provide various services to you based on the Internet in various forms including TopTinker application platform website (www.toptinker.com), clients, etc. (including new service forms emerging from future technology development).
TopTinker Platform Rules: including all rules, interpretations, announcements, etc. already published and subsequently published by TopTinker application operators in the TopTinker Platform Rules Channel, as well as various rules, implementation rules, product process instructions, announcements, etc. published by various platforms in gangs, forums, and help centers.
The same user: Those who use the same identity authentication information or have been identified by the TopTinker application as having the same actual controller for multiple TopTinker application accounts are considered the same user.
2、 Scope of Agreement
2.1 Contracting Parties
This agreement is jointly concluded by you and the operator of the TopTinker application platform. This agreement has contractual effect on both you and the operator of the TopTinker application platform.
【 Subject Information 】 The operator of the TopTinker application platform refers to the various legal entities that operate the TopTinker application platform. You can check the license information displayed at the bottom of the homepage of each website of the TopTinker application platform at any time to determine the TopTinker application platform entity that fulfills your obligations. Under this agreement, The operator of the TopTinker application platform may change according to the business adjustments of the TopTinker application platform. After the change, the operator of the TopTinker application platform will jointly perform this agreement and provide services to you. The change of the operator of the TopTinker application platform will not affect your rights and interests under this agreement. The operator of the TopTinker application platform may also add new services due to the provision of new TopTinker application platform services. If you use the newly added TopTinker application platform services, it shall be deemed that you agree to the joint performance of this agreement by the newly added TopTinker application platform operator and you. In the event of a dispute, you may determine the subject of performance and the other party to the dispute based on the specific services you use and the specific behavior objects that affect your rights.
2.2 Supplementary Agreement
Due to the rapid development of the Internet, the terms listed in this agreement between you and Qizha Mall cannot completely list and cover all the rights and obligations of you and Qizha Mall, and the existing agreements cannot guarantee that they will fully meet the needs of future development. Therefore, the TopTinker Mall platformall legal statements/policies, intellectual property statements, privacy protection policies, and rules of the TopTinker Mall platform are supplementary agreements to this agreement, which are inseparable from this agreement and have the same legal effect. In case of any inconsistency between the supplementary agreement and this agreement, or between the supplementary agreements, the latest supplementary agreement shall prevail. If you use the TopTinker Mall platform services, it is deemed that you agree to the above supplementary agreement. If you do not agree with the relevant changes, you should immediately stop using the TopTinker Mall platform services. By continuing to use the TopTinker Mall platform services, you accept the revised agreement.
3、 Account registration and usage
3.1 User Qualification
You confirm that when you complete the registration process or actually use the services of the TopTinker application platform in other ways allowed by the platform, you should be a natural person, legal person, or other organization with full capacity for civil rights and full capacity for civil conduct. If you do not have the aforementioned subject qualifications, you and your guardian shall bear all consequences arising therefrom, and the TopTinker application has the right to cancel (permanently freeze) your TopTinker application account and claim compensation from you and your guardian.
In addition, you must ensure that you are not subject to any trade restrictions, sanctions, or other legal or regulatory restrictions imposed by any country, international organization, or region, otherwise you may not be able to register and use the TopTinker application platform services normally.
3.2 Account Description
When you follow the prompts on the registration page to fill in the information, read and agree to this agreement, and complete all registration procedures, you can obtain an account on the TopTinker application platform and become a user of the TopTinker application platform.
The TopTinker application platform only allows each user to use one TopTinker application platform account. If there is evidence or the TopTinker application platform has reason to believe that you have improperly registered or used multiple TopTinker application platform accounts, the TopTinker application platform may take measures such as freezing or closing accounts, canceling orders, and refusing to provide services. If any losses are caused to the TopTinker application platform and related parties, you shall also be liable for compensation.
[Account Usage] You have the right to use the username, email, phone number (hereinafter referred to as “account name”) and password (collectively referred to as “account”) that you have set or confirmed to log in to the TopTinker application platform.
Due to the association between your personal information and the commercial information of the TopTinker application platform, your TopTinker application account is only for your personal use. Without the consent of the TopTinker application, your direct or indirect authorization of a third party to use your TopTinker application account or obtain information under your account is invalid, and the consequences and legal responsibilities caused by such behavior shall be borne by you. If the TopTinker application determines that the use of your TopTinker application account may endanger your account security and/or the information security of the TopTinker application platform, the TopTinker application may refuse to provide corresponding services or terminate this agreement.
As the operator of the TopTinker application platform, in order to enable you to better use the various services of the TopTinker application platform and ensure the security of your account, the TopTinker application may require you to complete real name authentication in accordance with the requirements of the TopTinker application platform and Chinese laws and regulations.
3.3 Registration Information Management
3.3.1 Authenticity and legality
When registering, you should provide accurate information in accordance with legal and regulatory requirements or the prompts on the registration page, and update your information in a timely manner to make it true, timely, complete, and accurate.If there are reasonable grounds to suspect that the information you provide is incorrect, untrue, outdated, or incomplete, the TopTinker application platform has the right to issue a notice of inquiry and/or request correction to you, and has the right to directly delete the corresponding information until the suspension or termination of providing you with part or all of the TopTinker application platform services. The TopTinker application platform does not assume any responsibility for this, and you will be responsible for any direct or indirect expenses incurred as a result.
You should accurately fill in and update the email address, contact phone number, contact address, postal code and other contact information you provide in a timely manner, so that the TopTinker application platform or other users can effectively contact you. If you are unable to contact you through these contact information, resulting in any losses or additional costs incurred during your use of the TopTinker application platform services, you shall be solely responsible.
【Legitimacy of username】The username you set for the TopTinker application must not violate national laws and regulations or the rules of the TopTinker application platform regarding username management. Otherwise, the TopTinker application may reclaim your TopTinker application username.
The recycling of usernames for the TopTinker application does not affect your ability to log in to the TopTinker application platform and use its services using email or phone numbers.
3.3.2 Update and Maintenance
You should update the information you provide in a timely manner. In cases where the law requires the TopTinker application as a platform service provider to verify the information of some users (such as platform sellers), the TopTinker application will check and verify your information from time to time in accordance with the law. You should cooperate to provide the latest, true, complete, and effective information.If the TopTinker application fails to contact you based on the information you provided last time, if you fail to provide information in a timely manner as required by the TopTinker application, if the information you provided is obviously untrue or if the administrative or judicial authorities verify that the information you provided is invalid, you will bear all losses and adverse consequences caused to yourself, others, and the TopTinker application as a result. The TopTinker application can send you a notice of inquiry or request for rectification, and require you to re authenticate until it suspends or terminates providing some or all of the TopTinker application platform services to you. The TopTinker application is not responsible for this.
3.4 Account Security Standards
[Account Security Obligation] Your account is set up by yourself and kept by you. The TopTinker application will not actively request your account password at any time. Therefore, it is recommended that you keep your account safe and ensure that you log out at the end of each online session and follow the correct steps to leave the TopTinker application platform.
The TopTinker application shall not be held responsible for any losses or consequences caused by your active disclosure of the account or your exposure to attacks, fraud, or other actions by others. You should seek compensation from the infringer through judicial, administrative, and other remedies.
【Account behavior responsibility】Except for the fault of the TopTinker application platform,You are responsible for all actions under your account, including but not limited to signing various agreements online, posting information, purchasing goods and services, and disclosing information.
【Daily maintenance instructions】If any unauthorized use of your account to log in to the TopTinker application platform or other situations that may cause your account to be stolen or lost are discovered, we recommend that you immediately notify the TopTinker application and authorize it to synchronize this information with a third-party payment company. You understand that taking action on any of your requests by the TopTinker application requires a reasonable amount of time, and the actions taken by the TopTinker application in response to your request may not be able to avoid or prevent the formation or expansion of infringement consequences. Except for the legal fault of the TopTinker application, the TopTinker application shall not be held responsible.
4、 TopTinker Platform Services and Standards
[Service Overview] You have the right to enjoy services such as product management, sales and promotion of products and/or services, purchase and evaluation of products and/or services, transaction dispute resolution, etc. on the TopTinker application platform. The TopTinker application provides a wide range of services, which can be browsed by logging in to the TopTinker application platform.
4.1 Product and/or Service Management
Through the TopTinker application platform and its affiliated companies, users can post transaction information, query product and service information, reach transaction intentions and conduct transactions, evaluate other users, participate in activities organized by the TopTinker application platform, and use other information and technical services on the TopTinker application platform.
4.2 Sales and Promotion of Goods and/or Services
You have the right to publish product and/or service information, solicit and find trading partners, and complete transactions on the TopTinker application platform through text, images, videos, audio, and other forms of services provided through the TopTinker application.
[Prohibited Sales Scope] You should ensure that you have the corresponding rights to the products and/or services you publish on the TopTinker application platform，You are not allowed to sell the following products and/or provide the following services on the TopTinker application platform:
（1） Prohibited or restricted by the state；
（2） Infringement of intellectual property or other legitimate rights and interests of others；
（3） The rules, announcements, notices, or separate agreements signed between the TopTinker application platform and you have clearly stated that it is not suitable to sell and/or provide on the TopTinker application platform。
[Transaction Order Guarantee] You should abide by the principle of honesty and credit, ensure that the information about the goods and/or services you publish is true and consistent with the goods and/or services you actually sell, and fulfill your transaction commitments effectively during the transaction process.
You should maintain a healthy competitive order in the TopTinker application platform market, not belittle or defame competitors, not interfere with any transactions or activities conducted on the TopTinker application platform, not increase or attempt to increase your own credit in any improper way, and not interfere or attempt to interfere with the normal operation of the TopTinker application platform in any way. It is not allowed to transfer sales on the platform to offline transactions in order to evade transaction commissions.
You have the right to decide on your own how to promote and advertise your products and/or services, and the TopTinker Mall app also provides you with a variety of promotional tools.Your promotional activities should comply with relevant national laws and regulations, the rules of the TopTinker application platform, and the requirements of the TopTinker application operator。
【pay taxes according to law】It is the obligation of every citizen and enterprise to pay taxes in accordance with the law. You should promptly and fully declare and pay taxes to the tax authorities for any sales/revenue exceeding the statutory exemption amount。
4.3 Purchase and evaluation of goods and/or services
Your purchase behavior of goods and/or services should be based on real consumption needs, and there should be no malicious purchase, malicious rights protection, or other behavior that disrupts the normal trading order of the TopTinker application platform for goods and/or services. Based on the need to maintain the order and security of transactions on the TopTinker application platform,When the TopTinker application discovers the above situation, it can actively execute operations such as closing relevant transaction orders.
[Evaluation] You have the right to evaluate other users’ products and/or services that have entered into transactions with you in the evaluation system provided by the TopTinker application platform. You should understand that your evaluation information on the TopTinker application platform is public. If you do not wish to disclose your identity information to the public in the evaluation information, you have the right to choose to publish the evaluation content anonymously.
Your evaluation behavior should comply with the relevant regulations of the TopTinker application platform. The evaluation content should be objective and truthful, and should not contain any vulgar language, pornography, advertising information, or other prohibited information listed in laws, regulations, and this agreement; You should not help others improve their credit or use your evaluation rights to threaten or extort other users in an improper manner. The TopTinker application can delete or block the evaluation information generated by your actions in accordance with the relevant regulations of the TopTinker application platform rules.
4.4 Transaction Dispute Resolution
If you have a dispute with other users during the transaction process (bidding/employment/purchase of goods or services, etc.) on the TopTinker application platform, you or any other user has the right to choose the following ways to resolve it:
（1） Negotiate independently with the disputing party;
（2） Utilize the dispute resolution services provided by the TopTinker application platform;
（3） Request mediation from consumer associations or other legally established mediation organizations;
（4） File a complaint with the relevant administrative department;
（5） Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the disputing party (if any);
（6） File a lawsuit with the people’s court.
[Platform Mediation Service] If you use the dispute mediation service of the TopTinker application platform in accordance with the rules of the TopTinker application platform, you acknowledge and are willing to fulfill the mediation decision made by the customer service or public reviewer of the TopTinker application platform (“Mediation Party”) as an independent third party based on the facts of the dispute that it has learned and in accordance with the rules of the TopTinker application platform (including adjusting the transaction status of relevant orders, determining to pay all or part of the disputed amount to one or both parties of the transaction, etc.). Before the mediation decision is made on the TopTinker application platform, you may choose the above (3), (4), (5), and (6) channels (hereinafter referred to as “other dispute resolution channels”) to resolve the dispute and suspend the dispute mediation service of the TopTinker application platform.
If you are not satisfied with the mediation decision, you still have the right to adopt other dispute resolution methods to resolve the dispute. However, before obtaining a final decision through other dispute resolution methods, you should still fulfill the mediation decision first.
4.5 Cost
The TopTinker application has incurred significant costs for the services provided to you by the TopTinker application platform. Therefore, the TopTinker application will charge reasonable fees, and the TopTinker application platform will clearly indicate the relevant business information of the charges. If there are any fee adjustments in the future for the TopTinker application, the TopTinker application will take reasonable measures and notify you in advance through legal procedures and in the manner stipulated in Article 8 of this agreement, ensuring that you have sufficient choice.
4.6 Scope and Limitations of Liability
TopTinker Mall is responsible for providing you with TopTinker application platform services based on the “current situation” and “available” status. However, TopTinker Mall does not make any express or implied warranties regarding the applicability, absence of errors or omissions, continuity, accuracy, reliability, or suitability for a specific purpose of the TopTinker application platform services. At the same time, TopTinker Mall does not make any commitments or guarantees regarding the validity, accuracy, correctness, reliability, quality, stability, completeness, and timeliness of the technology and information involved in the TopTinker application platform services.
【 Massive Information 】 You are aware that the information on the TopTinker application platform is self published by users and may have risks and flaws. The TopTinker application platform is only used as a trading location. The TopTinker application platform is only used as a place for you to obtain information about goods or services, find trading partners, negotiate and conduct transactions on goods and/or services, but The TopTinker application cannot control the quality, safety, or legality of the items involved in the transaction, the authenticity or accuracy of commercial information, and the ability of all parties to fulfill their obligations under the trade agreement. You should carefully judge and determine the authenticity, legality, and validity of the relevant items and/or information on your own, and bear the responsibility and losses arising therefrom.
Unless explicitly required by laws and regulations, or in the following circumstances, the TopTinker application is not obligated to conduct prior review of all users’ registration data, product (service) information, transaction behavior, and other matters related to transactions:
（1） The TopTinker application has reasonable grounds to believe that there may be significant violations or breaches of contract by specific users and transactions.
（2） The TopTinker application has reasonable grounds to believe that the user’s behavior on the TopTinker application platform is suspected of being illegal or inappropriate.
[Mediation Decision] You understand and agree that the TopTinker application and its affiliated companies are not judicial institutions and can only identify evidence as ordinary people. The mediation of disputes by the TopTinker application and its affiliated companies is entirely based on your commission. The TopTinker application and its affiliated companies cannot guarantee that the dispute resolution results meet your expectations, nor do they assume any responsibility for the dispute mediation conclusions. If you suffer losses as a result, you agree to claim compensation from the beneficiary on your own.
You understand and agree that the TopTinker application shall not be liable for any damages caused to you by any of the following circumstances, including but not limited to losses in profit, reputation, use, data, or other intangible losses (regardless of whether the TopTinker application has been informed of the possibility of such damages):
（1） Using or failing to use the TopTinker application platform services.
（2） Unauthorized use of your account or alteration of your data by third parties.
（3） The expenses and losses incurred from purchasing or obtaining any goods, samples, data, information, or conducting transactions or substitute activities through the TopTinker application platform services.
（4） Your misunderstanding of the TopTinker application platform services.
（5） Any other losses related to the services of the TopTinker application platform that are not caused by the TopTinker application.
【Force majeure and third-party reasons】 Under no circumstances will Qizhao Mall be liable for the failure or delay of service caused by normal equipment maintenance of the Internet, failure of Internet connection, failure of computer, communication or other systems, power failure, strikes, labor disputes, riots, uprisings, riots, insufficient productivity or means of production, fire, flood, storm, explosion, war, government acts, orders of judicial administrative organs or the inaction of third parties.
5、 Protection and Authorization of User Information
5.1 Protection of Personal Information
The TopTinker application attaches great importance to the protection of user personal information (i.e. information that can independently or in combination with other information to identify the user’s identity). When you use the services provided by the TopTinker application, you agree that the TopTinker application collects, stores, uses, discloses, and protects your personal information in accordance with the “TopTinker Platform Privacy Protection Policy” published on the TopTinker application platform. The TopTinker application hopes to clearly introduce to you through the “TopTinker Platform Privacy Protection Policy” how the TopTinker application handles your personal information. Therefore, the TopTinker application recommends that you read the privacy protection policy in its entirety to help you better protect your privacy.
The TopTinker application belongs to a commercial website. Your registration of an account and leaving contact information during website browsing are deemed as your agreement to the TopTinker application and its staff (including TopTinker application users) sending you commercial short messages or making commercial phone calls. If you explicitly refuse to accept, the TopTinker application will cease the aforementioned behavior; The TopTinker application will continuously improve SMS and phone anti intrusion services, such as unsubscribe, through technological means.
If you refuse to provide the information required for the TopTinker application platform services, it will affect the TopTinker application platform’s ability to provide you with normal services. Including but not limited to inability to log in to the platform, inability to perform real name authentication, inability to conduct transactions, inability to push information and contact users in a timely manner, inability to conduct transactions, and other services that require corresponding information support.
5.2 Guarantee and Authorization of Non Personal Information
You declare and guarantee that you have the corresponding and legal rights to the information you publish. Otherwise,The TopTinker application may delete or block the information you post in accordance with the law or this agreement.
【Prohibited Information】You should ensure that the information you post does not contain the following content：
1、Violating the prohibitive provisions of national laws and regulations；
2、Political propaganda, feudal superstition, obscenity, pornography, gambling, violence, terror, or instigation of crime；
3、Fraudulent, false, inaccurate, or misleading；
4、Infringement of intellectual property rights of others or involving third-party trade secrets and other proprietary rights；
5、Insult, defamatory, intimidating, or involving others’ privacy that infringes upon the legitimate rights and interests of others；
6 、There are viruses, trojans, crawlers, and other malicious software and program codes that may damage, tamper with, delete, or affect the normal operation of any system on the TopTinker application platform, or obtain unauthorized and confidential data and personal information of the TopTinker application platform and other users；
7、Other violations of social public interest or public morality, or those that are not suitable for publication on the TopTinker application platform according to relevant TopTinker application platform agreements and rules。
【Authorization】For non personal information such as text, images, videos, audio, etc. that you provide, publish, and generate while using the TopTinker application platform services, except for personal information， Within the legal protection period, you grant the TopTinker application and its affiliated companies the exclusive global license to use it for free, as well as the right to sublicense it to other third parties for use, and to obtain evidence of third-party infringement and file lawsuits in your own name. You agree that the TopTinker application and its affiliated companies may store, use, copy, revise, edit, publish, display, translate, distribute your non personal information or create derivative works thereof, and incorporate the above information into other works in known or future developed forms, media or technologies.
6、 User’s breach and handling
6.1 Default determination
If any of the following situations occur, it shall be deemed as a breach of contract by you:
1. Violating relevant laws and regulations when using the TopTinker application platform services;
2. Violation of the provisions of this Agreement or its supplementary agreement (i.e. Article 2.2 of this Agreement);
3. Users or other third parties have notified the TopTinker application that they believe you or specific transaction items have engaged in illegal or improper behavior, and have provided relevant evidence. The TopTinker application judges relevant content based on the knowledge level standards of ordinary non professionals, and it can be clearly assumed that these contents or behaviors may cause financial losses or legal liabilities to others or the TopTinker application.
To adapt to the development of e-commerce and meet the needs of users for efficient and high-quality services, you understand and agree that, The TopTinker application can stipulate the procedures and standards for breach of contract determination in the TopTinker application platform rules. For example, the TopTinker application can determine whether you have breached the contract based on the relationship between your user data and massive user data; You have an obligation to provide sufficient evidence and reasonable explanations for any abnormal phenomena in your data, otherwise it will be deemed a breach of contract.
6.2 Default Handling Measures
If the information you publish on the TopTinker application platform constitutes a breach of contract,The TopTinker application can immediately delete, block or remove your information and/or services according to the corresponding rules.
【Behavioral limitations】Your actions on the TopTinker application platform, or actions that have an impact on the TopTinker application platform and its users even though not implemented on the platform, constitute a breach of contract,The TopTinker application can restrict the provision of some or all services to you, until your account is frozen and services are terminated.
6.3 Compensation Liability
If your actions cause losses to the TopTinker application and/or its affiliated companies (including direct economic losses, goodwill losses, and indirect economic losses such as external compensation, settlement payments, legal fees, litigation costs, etc.), you shall compensate the TopTinker application and/or its affiliated companies for all of the above-mentioned losses.
If your behavior causes the TopTinker application and/or its affiliated companies to suffer third-party claims, the TopTinker application and/or its affiliated companies may recover all losses from you after assuming obligations such as monetary payment to the third party.
If your behavior causes losses to a third party or if you fail to fulfill the mediation decision, or if the TopTinker application and/or its affiliated companies protect social public interests or consumer rights, you may deduct the corresponding amount from your TopTinker application platform account for payment. If your balance is insufficient to pay the corresponding amount, you agree to entrust the TopTinker application to use your own funds to pay the above-mentioned amount on your behalf. You shall return the portion of the fee and compensate for all losses incurred by the TopTinker application as a result.
You agree to deduct the corresponding amount from the TopTinker application to pay the above-mentioned compensation. If the funds in your account are insufficient to pay the above-mentioned compensation, the TopTinker application and/or its affiliated companies may directly offset your rights under other agreements of the TopTinker application and/or its affiliated companies, and may continue to pursue compensation.
6.4 Special Agreement
If you provide tangible, cash, cash equivalents, labor, tourism, or other benefits that clearly exceed the scope of normal business negotiations to employees or consultants of TopTinker Mall and/or its affiliated companies, it can be considered that you have engaged in commercial bribery behavior. In the event of the above situation, the TopTinker application may immediately terminate all cooperation with you and charge you liquidated damages and/or compensation, which shall be calculated based on the economic losses and reputation losses suffered by the TopTinker application due to your bribery behavior.
The user guarantees to keep confidential any documents and materials (including but not limited to trade secrets, company plans, operational activities, financial information, technical information, business information, and other trade secrets) that belong to the TopTinker application platform and other parties and cannot be obtained from public channels obtained during the use of the TopTinker application. Without the consent of the original provider of the information and documents, the user shall not disclose all or part of the content of the trade secret to any third party. Except as otherwise provided by laws, regulations, administrative rules, or agreed upon by both parties.
【associative processing】If you terminate this agreement due to serious breach of contract by the TopTinker application, in order to maintain platform order and protect consumer rights, the TopTinker application and/or its affiliated companies may take measures to suspend or terminate the agreement with you under other agreements, and notify you in the manner stipulated in Article 8 of this agreement.
If other agreements signed between the TopTinker application and you, as well as agreements signed between the TopTinker application and/or its affiliated companies and you, clearly stipulate the situation of association processing for your cooperation under this agreement, the TopTinker application may suspend or even terminate the agreement upon receiving instructions for the purpose of maintaining platform order and protecting consumer rights, and notify you in the manner stipulated in Article 8 of this agreement.
7、 Change of Agreement
The TopTinker application may modify this agreement and supplementary agreements from time to time in accordance with changes in national laws and regulations, adjustments to the business model of the TopTinker application platform, and the need to maintain transaction order and protect consumer rights. The modified agreement and supplementary agreement (hereinafter referred to as the “Change Matters”) will be notified to you through legal procedures and in the manner stipulated in Article 8 of this agreement.
If you do not agree with the change, you have the right to contact the TopTinker application for feedback before the effective date of the change. If the feedback is adopted, the TopTinker application will adjust the changes accordingly.
If you still do not agree with the changes that have already taken effect, you should stop using the TopTinker application platform services from the effective date of the changes, and the changes will not have any effect on you; If you continue to use the TopTinker application platform services after the changes take effect, it will be deemed that you agree to the changes that have already taken effect.
8、 Notice
8.1 Effective contact information
When you register as a user of the TopTinker application platform and receive its services, you should provide the TopTinker application with real and valid contact information (including but not limited to your email address, contact phone number, contact address, etc.). If there is a change in contact information, you have an obligation to update the relevant information in a timely manner and maintain a reachable status.
The user account (including sub accounts) generated by you when registering as a user of the TopTinker application platform to log in and receive internal messages, system messages, and instant messages will also be considered as your valid contact information.
The TopTinker application will deliver various notifications to one or several of your above contact information, and the content of such notifications may have a significant positive or negative impact on your rights and obligations. Please pay attention to it in a timely manner.
You have the right to obtain commercial information such as product advertisements, promotions, and discounts that interest you through the phone number or email address you provided during registration; If you do not wish to receive such information, you have the right to contact the customer service personnel of the TopTinker application platform for handling.
8.2 Delivery of Notice
The TopTinker application sends notifications to you through the above contact information. Written notifications sent electronically, including but not limited to announcements on the TopTinker application platform, sending mobile text messages to the contact phone number you provided, sending electronic emails to the email address you provided, sending instant messages, system messages, and internal message messages to your account, will be deemed delivered upon successful sending; A written notice sent on paper shall be deemed delivered on the fifth natural day after mailing to the provided contact address.
For any disputes arising from trading activities on the TopTinker application platform, you agree that judicial authorities (including but not limited to people’s courts) may serve legal documents (including but not limited to litigation documents) to you through modern communication methods such as mobile SMS, email, or instant messaging, or by mail. The designated contact information for receiving legal documents, such as mobile phone number, email address, or TopTinker application platform account, is the phone number, email contact information provided by you when registering or updating on the TopTinker application platform, as well as the account generated when registering as a user on the TopTinker application platform. If the judicial authorities send legal documents to the above contact information, it shall be deemed as delivery. The mailing address you specified is your legal contact address or a valid contact address provided by you.
You agree that the judicial authorities may use one or more of the above methods of service to deliver legal documents to you. The judicial authorities may use multiple methods of service to deliver legal documents to you, and the delivery time shall be based on the earliest of the above delivery methods.
You agree that the above delivery method is applicable to all stages of judicial proceedings. If entering into litigation procedures, including but not limited to first instance, second instance, retrial, execution, and supervision procedures.
You should ensure that the contact information provided is accurate, valid, and updated in real-time. If the legal documents cannot be delivered or are not delivered in a timely manner due to inaccurate contact information provided or failure to inform the updated contact information, you shall bear the legal consequences that may arise from this.
9、 Termination of the Agreement
9.1 Termination Situations
[User initiated termination] You have the right to terminate this agreement through any of the following methods:
1. When you meet the account cancellation conditions announced by the TopTinker application platform, you can cancel your account through self-service on the website;
2. You stop using and express your unwillingness to accept the change before it takes effect;
3. You express that you do not wish to continue using the services of the TopTinker application platform and meet the termination conditions of the TopTinker application platform.
Termination initiated by the TopTinker application: In the event of the following circumstances, the TopTinker application may notify you of the termination of this agreement in the manner listed in Article 8 of this agreement:
1. If you violate the provisions of this agreement, the TopTinker application shall terminate this agreement in accordance with the breach clause;
2. If you steal someone else’s account, post prohibited information, defraud others of their property, sell counterfeit goods, disrupt market order, or use improper means for profit, your account will be sealed by the TopTinker application;
3. The TopTinker application has found that the main content of your registration information is false. The TopTinker application has the right to terminate this agreement at any time;
4. You have engaged in fraud, publishing or selling counterfeit/infringing goods, infringing on the legitimate rights and interests of others, or other serious illegal and breach of contract behaviors on the TopTinker application platform;
5. Other situations where the service should be terminated.
9.2 Handling after Termination of Agreement
【User Information Disclosure】After the termination of this agreement, except as otherwise expressly provided by law, the TopTinker application shall not be obligated to disclose any information in your account to you or any third party designated by you.
【TopTinker Platform Rights】After the termination of this agreement, the TopTinker application still enjoys the following rights:
1. Continue to save the various types of information listed in Article 5 of this agreement that you have retained on the TopTinker application platform;
2. For your past breach of contract, the TopTinker application can still hold you liable for breach of contract based on this agreement.
【Transactions】 After the termination of this agreement, for any transaction orders generated by you during the term of this agreement, the TopTinker application may notify the counterparty and decide whether to close such transaction orders based on the counterparty’s wishes; If the counterparty requests to continue to perform, you shall continue to perform the provisions of this agreement and the transaction order for such transaction order, and bear any losses or additional costs incurred as a result.
10、 Application of Law, Jurisdiction, and Others
【application of law】The conclusion, effectiveness, interpretation, revision, supplementation, termination, execution, and dispute resolution of this agreement shall be governed by the laws of mainland China; If there are no relevant legal provisions, refer to commercial and/or industry practices.
【administer】Any disputes arising from your use of the TopTinker application platform services and related to the TopTinker application platform services shall be resolved through negotiation between the TopTinker application and you. If no agreement can be reached through negotiation, either party may file a lawsuit with the people’s court with jurisdiction over the registered location of TopTinker Mall.
【separability】Any provision of this Agreement shall be deemed null and void or unenforceable, and such provision shall be deemed separable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.
The TopTinker application has the final interpretation right of this registration agreement, including all rules formulated based on this registration agreement.