Welcome and thanks for signing "Gemwon Service Agreement"(hereinafter referred to as the "Agreement") and using services offered by Gemwon!
This agreement is the "Gemwon Service Agreement". From the date of issue, the "Gemwon Service Agreement" in the whole site of Gemwon refers to this agreement. The index keywords listed before the terms of service are to help you understand the subject in the terms. They do not affect or restrict the meaning or explanation of the terms of this agreement. Please read each terms carefully in order to protect your rights and interests.
Before registering, please read this agreement carefully and understand fully the content of each terms, particularly the terms of exemption or limitation of liability, applicable laws and dispute resolution clauses. The clauses for exemption or limitation of liability will be marked in bold font and underlined which should be read emphatically. Should you have any questions about the agreement, welcome to consult customer service of Gemwon.
When you fill in the information on the registration page, and complete all the registration procedures, it indicates that you have fully read, understood and accepted all the content of this agreement, reached an agreement with Gemwon, and became Gemwon user. In the process of reading, if you do not agree to this agreement or any of its terms, it’s recommended that you should immediately stop the registration process.
Gemwon: Refers to the services provided by Gemwon(Domain is gemwon.com) website and client-site (including new service forms that will be possibly developed in future).
Gemwon Rules: Including all the rules, interpretations, notices, etc. that have been published and subsequently published in Gemwon, including various rules, implementation details, products and announcements released by Gemwon in groups, forums, and help centers, etc.
Unique user: Those who register with same identity information, or are determined to be the same controller or operator of multiple Gemwon accounts after Gemwon's investigation, will all be regarded as one user.
This agreement is jointly concluded by you and Gemwon, and it has contractual effect on both you and Gemwon.
Gemwon refers to the legal entity that operates Gemwon. You can check license information on Gemwon homepage at any time in order to be clear about the subject that performs the contract with you. Under this agreement, the operator of Gemwon might be changed according to the business adjustments. However, Gemwon operator will continue performing this agreement and providing services to you after change, and this will not affect your rights and interests under this agreement. Gemwon might also add new operators due to the provision of Gemwon services. If you use the newly-added Gemwon services, you are deemed to agree to perform this agreement with the new Gemwon operator(s). In the event of a dispute, you can determine the subject and the party based on the specific service you use and the specific behavioral subject that affect your rights and interests.
Due to the rapid development of Internet, terms listed in this agreement signed by you and Gemwon can not fully and completely cover all the rights and obligations of Gemwon, and the existing agreement can not guarantee that it will fully meet the needs of future development. Therefore, Gemwon issues other relevant rules which are supplementary agreements, and they are inseparable from this agreement, and have the same legal effect. If you use Gemwon services, you are deemed to agree to the above supplementary agreement.
Before registration process in Gemwon, please make sure that you have civil capacity required by the laws of country where your ID card and passport belong to. If you are not qualified having the aforementioned civil capacity for your behavior, you and your guardian shall bear all lawful consequences arisen. In addition, please make sure that you are not subject of trade restrictions, sanctions or other laws and regulations imposed by any country, international organization or region, otherwise you may not be able to register and use Gemwon services normally.
After filling in the information on registration page, agreeing to this agreement, and completing all registration procedures, you can obtain a Gemwon account and become a Gemwon user. Gemwon allows each user to use one unique Gemwon account only . If there is evidence or through Gemwon’s investigation proving that you have improper registration or improper use of multiple Gemwon accounts, Gemwon can take measures, such as freezing or closing accounts, canceling orders, and refusing to provide services. If it causes financial or other loss to Gemwon and related parties, you should also be liable for compensation.
Users have rights to log in to Gemwon using the member name, email address, mobile phone number(hereinafter referred to as the “account name”), and the password(account name and password collectively referred to as "account"). And users have rights to use Gemwon account to log in to the associated platform or software of Gemwon without creating a new account. Since your account is associated with your personal information and Gemwon business information, your Gemwon account is for your own usage only. Without the consent of Gemwon, your direct or indirect authorization of a third party to use your Gemwon account or to obtain information of your account is invalid. If Gemwon finds that the use of your Gemwon account may endanger the security of your account and/or the security of Gemwon according to the default determination procedures and standards stated and agreed in Gemwon rules, Gemwon remains the rights to refuse to provide corresponding services or terminate this agreement.
As account is associated with user credit information, users can transfer the account only if there is a clear legal provision, judicial ruling, or approval by Gemwon, and in compliance with user account transfer process stipulated by Gemwon rules. Once your account is transferred, the rights and obligations under the account will be transferred together. User account must not be transferred in any other way, otherwise Gemwon has the right to pursue liability for breach of contract, and all responsibilities arising therefrom shall be borne by you.
As a user of Gemwon, in order to enable you to use the services better, and protect your account security, Gemwon is qualified to require you to complete real-name authentication in accordance with the requirements of Gemwon and relevant laws and regulations.
If your account meets the following conditions at the same time, Gemwon is qualified to withdraw your account, and thus, your account will no longer be able to log in to Gemwon. Corresponding services will be terminated at the same time:
(1) Unbound Gemwon account that has passed real-name authentication;
(2) Accounts that have not been used to log in to Gemwon for six consecutive months;
(3) There is no valid business, such as return, refund and pending order etc.
When using Gemwon services, you should provide your information (including name, e-mail, contact and address, etc.) accurately and completely according to the notices on Gemwon page, so that Gemwon or other users can contact you. You understand and agree that you are obligated to ensure the authenticity and validity of the information provided.
The membership name of Gemwon you set must not violate national laws, regulations and the rules of Gemwon, otherwise Gemwon may withdraw your Gemwon member name. The withdrawal of the Gemwon member name will not affect logging in to the Gemwon with email or mobile number, and use Gemwon service.
You should update the information provided in a timely manner, in case that Gemwon, as a platform service provider, must lawfully verify the information of some users (such as platform sellers and buyers). Gemwon will check and verify your information occasionally in accordance with the law, and you shall cooperate to provide the latest, authentic, complete and effective information. If you fail to provide information in a timely manner as required by Gemwon, or the information provided is fake, or the administrative and judicial authorities verify that the information provided is invalid, so that Gemwon fails to contact you according to the latest information, you will bear all loss and consequences on yourself, others and Gemwon. Gemwon is qualified to request you for rectification and re-certify, until the suspension or termination of partial or all Gemwon's services.
Your account is set and kept by you. Gemwon will not ask users to provide password. Therefore, it is recommended that users keep their account well, log out and leave Gemwon page correctly. Gemwon is not responsible for the loss and consequences caused by your active disclosure of account, or attack or defraud by others. You should seek compensation from the infringer through judicial, administrative and other remedies.
Except for the default of Gemwon, you are responsible for all behavior results under your account (including but not limited to online signing of various agreements, information publish, goods and services purchase, and information disclosure, etc.).
If you come across situations, such as log in Gemwon without your authorization, or other situations that may lose your account, we recommend you to notify Gemwon immediately and authorize Gemwon to synchronize the information to Alipay, and its related platforms. It is noted that it takes time for Gemwon to take action, and that the actions taken by Gemwon at your request may not be able to avoid or prevent the appearance or expansion of the consequences. Except for Gemwon’s statutory fault, Gemwon does not assume responsibility.
Users have rights to enjoy management, product and/or service sales and promotion, product and/or service purchase and evaluation, transaction dispute handling and other services. Gemwon provides a wide range of services. Users can log in to Gemwon for details.
By establishing store in Gemwon, you can list new or second-hand goods and/or service, and close deals with other users. Based on the management needs of Gemwon, you understand and agree that one user can only open one store, and Gemwon has right to close stores registered by the same user.
Due to the inseparability of store and account, store transfer is essentially account transfer of store operator. Relevant requirements and restrictions on store transfer shall be subject to the account transfer clause in Article 3.2 of this agreement.
If users temporarily shut down store by unlisting all goods, users shall continue taking responsibility of delivery, return and exchange, warranty, repairs, complaints and other activities happening before store closure. If stores have no products valid for sale for six consecutive weeks, Gemwon can also close store in accordance with Gemwon's rules. Store closure in accordance with the above agreement will not affect the credit users have accumulated.
Through the services provided by Gemwon, you have rights to publish product and/or service information, find customers and make deals on Gemwon by text, pictures, video, audio, etc.
When you publish goods and/or services on Gemwon, you have corresponding rights. You are not allowed to sell the following goods and/or provide the following services on Gemwon:
(1) Prohibited or restricted goods and/or services by the state;
(2) Infringing on intellectual property rights, or other legitimate rights and interests of others;
(3) Goods and/or services not suitable for sell or provide on Gemwon, stated in rules, announcements, notices or the agreement signed with you.
You should abide by principle and faith, and ensure that the goods and/or service information you publish is true, consistent with the goods and/or services you actually sell, and keep your promise in the course of the transaction. You should maintain benign competition in Gemwon, rather than belittle or slander competitors, nor interfere with any transactions and activities on Gemwon. In addition, you are not allowed to increase or attempt to increase your own credit in any improper way, nor interfere with the normal operation of Gemwon.
You have rights to decide on your own promotion and marketing methods. Gemwon also provides you with a variety of promotional tools. Your promotional activities should comply with relevant national laws and regulations and the requirements of Gemwon.
Taxation is the obligation of every citizen and enterprise. You should declare taxation to tax authorities in time and in full for the portion of sales/travel exceeding the legal exemption.
When you purchase goods and/or services in Gemwon, please check carefully name, price, quantity, model, specification, dimension or service time, content, restrictive requirements and other important matters, and verify your address, contact, consignee and other information when placing an order. You shall bear the legal consequences of the consignee’s actions, if the consignee you fill in is not yourself. Your purchase behavior should be based on real demand, rather than malicious purchase of goods and/or services, malicious rights protection, etc. which disrupt normal operation of Gemwon. Based on maintaining transaction order and security of Gemwon, Gemwon can close related transaction and operation if above-mentioned situation was found.
Gemwon has two bidding forms: Open-cry and Auction. By auction, you understand that Gemwon is not an auctioneer as stipulated in “Auction Law of the People's Republic of China”. Gemwon is simply an online trading platform for users to purchase goods and/or services through auction.
You have rights to rate other users’ goods and/or services that are in transactions with you in the evaluation system provided by Gemwon. You should understand that your evaluation information is public. You have right to publish rating anonymously if you are unwilling to disclose your identity information to the public in the rating. All your evaluation behaviors should comply with the relevant provisions of Gemwon rules, and the rating content should be objective and real, rather than contain any obscene language, pornography, vulgarity, advertising information, and other prohibited information listed in laws, regulations and this agreement. You are not allowed to use improper methods to help others improve their credit or take the advantages of evaluation right to threaten, blackmail other users. Gemwon may delete or block rating which is generated by the above actions in accordance with the relevant provisions of Gemwon rules.
Any disputes with other users during the transaction process of Gemwon, either of you or the other users has right to choose the following ways for settlement.
(1) Independent negotiation;
(2) Use dispute mediation service provided by Gemwon;
(3) Requesting consumer associations or other legally established mediation organizations for mediation;
(4) Complain to the relevant administrative department;
(5) Refer to an arbitration institution in accordance with the arbitration agreement (if any);
(6) Appeal to the local People's Court.
If you use dispute mediation service of Gemwon in accordance with the rules, it means that you agree and are willing to perform customer service or public reviewer of Gemwon ("prescription") as an independent third party according to its dispute and mediation decision made in accordance with the rules of Gemwon(including adjusting transaction status of the relevant order, determining to pay all or partial disputed fee to one or both parties, etc.). Before Gemwon’s mediation decision, you can choose the above (3), (4), (5), (6)(hereinafter referred to as "other dispute resolutions") to resolve the disputes and stop dispute mediation service of Gemwon. If you are not satisfied with the mediation decision, you still have the right to resolve the dispute through other dispute resolutions, but you should continue implementation of mediation decision before obtaining a final decision through other dispute resolution.
Gemwon pays huge costs to provide service to you. Except for the charging services, other services provided by Gemwon are currently free. If Gemwon charges you a reasonable fee in the future, Gemwon will take reasonable measures through legal procedures in advance and notify you by Article 8 of this agreement to ensure your rights to choose.
Gemwon performs its basic obligations in accordance with law, however, Gemwon is not responsible for breach of contract, performance defects, performance delays or changes in performance content caused by the following reasons:
(1) Force majeure, such as natural disasters, strikes, riots, wars, government actions, judicial administrative orders, etc.;
(2) Public service, such as power supply failures, communication network failures, or third-party;
(3) Daily or emergent equipment and system maintenance or failures, network information and data security, under the circumstances that Gemwon has managed it in his best.
Gemwon provides you with Gemwon services only. You understand that the information on Gemwon is released by users themselves, and there may be risks and defects. Gemwon will try its best to protect your legal rights and experience on Gemwon by establishing relevant inspection and monitor systems in accordance with the law. In the meantime, in view of the fact that it’s hardly impossible to distinguish information and actual objects under massive information in network environment, Gemwon is not able to review the information of goods and/or services one by one by details, and to review the goods and/or services involved in the transaction one by one. You should judge carefully the quality, safety, legality, authenticity, and accuracy.
You understand and agree that customer service and public reviewers of Gemwon are not experts specializing in this field. They judge the proofs submitted by users based on the cognition of ordinary people. Therefore, except for deliberate or gross negligence, the mediation prescription is exempt from the dispute decision.
You declare and guarantee that you have corresponding and legal rights to the information you publish. Otherwise, Gemwon can delete or block the information in accordance with the law or in accordance with this agreement.
You should ensure that the information you publish does not contain the following:
(1) Violating the prohibitive provisions of national laws and regulations;
(2) Political propaganda, feudal superstition, obscenity, pornography, gambling, violence, terror, or abetting crime;
(3) Fraud, false, inaccurate or misleading;
(4) Infringing on the intellectual property rights of others or involving third-party trade secrets and other proprietary rights;
(5) Insulting, slandering, intimidating, involving the privacy of others and infringing upon the lawful rights and interests of others;
(6) Viruses, Trojan horses, crawlers and other malicious software or program codes that may damage, tamper with, delete, or affect the normal operation of any system of Gemwon or secretly obtain data, personal data of Gemwon and other users without authorization;
(7) Violations of social public interest or public morals, or those in accordance with relevant Gemwon agreements and rules, but not suitable for publishing on Gemwon.
Expect personal information, non-personal information, such as text, pictures, video, audio, etc., that you provided, publishes during the usage of Gemwon services, you will grant Gemwon and Its affiliates have the right to obtain global exclusive licensing rights and sublicense to other third parties for use and to obtain evidence and file litigation against third-party infringements in their own name. You agree that Gemwon and its affiliates will store, use, copy, revise, edit, publish, display, translate, distribute your non-personal information or derivative works, and use it in known or later-developed forms, media or technologies and incorporate the above information into other works. In order to facilitate your usage of other related services, you authorize Gemwon to pass on the information you provided and formed during account registration and usage of Gemwon services to other related service providers, or obtain from other related service providers
If one of the following situations occurs, you shall be deemed to have breached the contract:
(1) Violating relevant laws and regulations when using Gemwon services;
(2) Violating this agreement or the supplementary agreement(that is, Article 2.2 of this agreement).
In order to adapt to the development of e-commerce and to meet the needs of efficient and high-quality services of a large number of users, you understand and agree that Gemwon may set procedures and standards for the determination of breach of contract. For example: Gemwon can determine whether you constitute a breach of contract based on the relation between your data and massive data. You are obliged to provide sufficient evidence and reasonable explanations when there is data anomaly, otherwise it will be deemed a breach of contract.
Gemwon can immediately delete or block the information which breach the contract according to the corresponding rules, or supervise or unlist your products.
If your behavior on Gemwon, or any behavior, even not completed on Gemwon, but having an impact on Gemwon and its users, breach the contract, Gemwon may deduct points, restrict participation in marketing activities, suspend partial or all of the services provided to you, deduct compensation in accordance with the corresponding rules. If your behavior is a fundamental breach of contract, Gemwon may close your account and terminate services. Except breaching the contract, if there are specific situations such as fraud, selling counterfeit, embezzling other people’s accounts, or you are at risk of endangering other people’s transaction security or account security, Gemwon will request associated companies to cancel collection, stop payment or take other compulsory measures according to the degree of risk of your behavior.
Gemwon can publish the settlement on the above-mentioned violations, and other illegal information confirmed by the effective legal documents of the national administrative or judicial organization on Gemwon.
If your actions cause Gemwon and/or its affiliates to suffer losses (including direct economic loss, reputation loss, and indirect economic losses, such as payment for compensation, settlement, lawsuit etc.), you should compensate Gemwon and/or its affiliates for all the above losses. If your actions enforce a third party to claim rights from Gemwon and/or its affiliates, Gemwon and/or its affiliates can claim all compensations from you after payment to the third party. If a third party suffers losses due to your actions or you fail to fulfill mediation decision, Gemwon and/or its affiliates can deduct the corresponding compensation from your account for the purpose of public interests or consumer rights protection. If balance in Alipay or in your account is not enough to pay the corresponding amount, you agree to entrust Gemwon to use your own funds to pay the above-mentioned payments on your behalf, and you should return all of the cost and compensate Gemwon for all losses caused thereby. You agree that Gemwon will deduct the corresponding amount from your account for the above compensation payment. If amount in your account is not enough to pay the above compensation, Gemwon and/or its affiliates can directly deduct your rights and interests under other agreements with Gemwon and/or its affiliates, and continue making compensation.
If you provide benefits in kind, cash, cash equivalents, labor services, tourism, etc. to employees or consultants of Gemwon and/or its affiliates, etc., which are obviously beyond the scope of normal business negotiation, you can be deemed to have business bribery. In the event of the above situation, Gemwon can immediately terminate all cooperation with you and collect liquidated damages and/or compensation from you. Amounts shall be based on the economic and reputation loss of Gemwon due to bribery behavior.
If your serious breaches of contract terminate this agreement, Gemwon and/or its affiliates may suspend or stop cooperation for the purpose of maintaining platform order, and protecting consumers’ rights and interests, and notify you based on Article 8 on this agreement. If other agreements between Gemwon and you, and between Gemwon and/or its affiliates and you clearly states the associated processing on cooperation, Gemwon can suspend or stop cooperation for the purpose of maintaining platform order, and protecting consumers’ rights and interests, and notify you based on Article 8 on this agreement.
Gemwon can modify this agreement and supplementary agreements occasionally based on the changes in national laws and regulations and the needs of transaction order maintenance and consumer rights protection. The changed agreements and supplementary agreements (hereinafter referred to as "changes") will go through legal procedures. You will be notified based on Article 8 of this agreement. If you do not agree to the changes, you have the right to contact Gemwon for feedback before the effective date of changes. If the feedback is taken, Gemwon will make changes accordingly. If you disagree with the changes that have taken effect, you should stop using Gemwon service before the effective day, so the changes have no influence on you. If you continue using Gemwon service after changes, it is deemed that you agree to the changes.
When you register as a user and accept the service of Gemwon, you should provide real and effective contact(including email address, phone number, and address etc.). If contact information are changed, you are obliged to update it and maintain contactable. The member account(including sub-account) that is generated when you register as a user and log in to Gemwon to receive system messages and instant messages should be also effective. Gemwon will send you notices to any of the above contact, and the content of such notices may have a significant benefit or unfavorable impact on your rights and obligations, please pay attention to it. You have rights to obtain commercial information such as product advertising, promotional offers, etc. through mobile phone, or email address registered. You have right to unsubscribe if they’re no interesting to you.
Gemwon will send you notice through the above-mentioned contact, among which electronic notices, including but not limited to announcements in Gemwon, mobile message via phone, email via email address, system message to your account, will be all regarded successfully delivered. Written notices sent in paper will be regarded successfully delivered after 5 natural days. For trading disputes on Gemwon, you agree that the judicial authorities (including but not limited to the people’s court) can send you legal documents(including but not Limited to litigation documents) via mobile phone and email address. Mobile number and email address that you specify to receive legal documents are the contacts you provided when you registered and updated at Gemwon, as well as the account updated when you registered the Gemwon user. Notifications sent by judicial authority to the above contact will be seen successfully delivered. The mailing address you specify is your legal contact address or the valid address. You agree that the judicial authority may send legal documents to one or more of the above contacts, and the delivery time is the first delivery among the above. You agree that the above delivery ways are applicable to all stages of the judicial process. In litigation procedures, including but not limited to the first instance, second instance, retrial, execution and supervision procedures, etc. You should ensure that the contact information provided is accurate, effective, and updated in a timely manner. If the provided contact is inaccurate, or the changed contact is not notified in time, causing legal documents failing to be delivered, or not delivered in time, you shall bear the legal consequences that arises from this.
You have rights to terminate this agreement by any of the following methods:
(1) Cancel your account through self-service of the website, when you meet the account cancellation conditions published by Gemwon;
(2) Stop using service and stating that you do not want to accept the change, before changes taking effect;
(3) State that you do not want to continue using Gemwon services, and meet the termination conditions;
When the following occurs, Gemwon can notify you to terminate this agreement based on Article 8 of this agreement:
(1) Users violate this agreement and Gemwon terminates this agreement in accordance with the terms of breach;
(2) Users steal other people's accounts, publish prohibited information, defraud other people's property, sell fake products, disrupt market order, take improper ways to get profit, etc., Gemwon closes your account in accordance with Gemwon rules;
(3) In addition to the above circumstances, users have repeatedly violated relevant Gemwon rules and the consequences are serious, Gemwon will close your account in accordance with Gemwon rules;
(4) Accounts have been recycled by Gemwon in accordance with this agreement;
(5) Users commit fraud, publish or sell counterfeit or infringing goods, infringed on legal rights and interests of others, or other serious violations of the law or contract in Gemwon;
(6) Other circumstances where the service should be terminated.
After the termination of this agreement, except as clearly provided by law, Gemwon has no obligation to disclose information of your account to you or a third party designated by you.
After termination of this agreement, Gemwon still enjoys the following rights:
(1) Continue to save all information listed in Article 5 of this agreement that you have saved on Gemwon;
(2) For past breach of contract, Gemwon can still investigate your responsibility for breach of contract in accordance with this agreement.
After termination of this agreement, for your transaction orders in the duration of this agreement, Gemwon can notify the counter party of the transaction and decide whether to close the transaction order according to the willingness of the counter party. If the counter party of the transaction requests to continue, you shall continue to fulfill the agreement, and bear losses or additional costs arising therefrom.
The establishment, coming into force, interpretation, amendment, supplementation, termination, execution and dispute resolution of this agreement shall be governed by the laws of the People’s Republic of China. If no relevant provisions in the law, business practices and/or industry practices shall be referred to.
Disputes arising from usage of Gemwon services and related to Gemwon services shall be settled by Gemwon through negotiation. If negotiation fails, either party is allowed to bring a lawsuit to the people's court with jurisdiction in the place where the defendant is.
Any clause of this agreement is deemed to be annulled, invalid or unfeasible, and the clause shall be deemed to be separable and does not affect the validity and feasibility of other clauses of this agreement.