PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
1.Application and Acceptance of the Terms
Your access to and use of the Sites and JBmarketplace.com’s services,
software and products through the Sites, which shall include the
platforms described in clause 7.1 of the Terms (such services, software
and products collectively referred to as the “Services”
hereinafter) is subject to the terms and conditions contained in this
the Product Listing Policy and any other rules and policies of the Sites
that JBmarketplace.com may publish from time to time. The Promotion Services
referred to in the JBmarketplace.com Free Membership Agreement shall include
Top Ranking and Sponsored Listing and any such other Services as may be
announced by JBmarketplace.com from time to time. This document and such other
rules and policies of the Sites are collectively referred to below as
the “Terms”. By accessing and use of the Sites and
Services, you agree to accept and be bound by the Terms. Please do not
access or use the Services or the Sites if you do not accept all of the
You may not access or use the Services or the Sites and may not accept
the Terms if (a) you are not of legal age to form a binding contract
with JBmarketplace.com, or (b) you are not permitted to receive any Services
under the laws of Hong Kong or other countries / regions including the
country / region in which you are resident or from which you access and
use the Services and the Sites.
JBmarketplace.com may amend any Terms at any time by posting the relevant
amended and restated Terms on the Sites. By continuing to access or use
the Services or the Sites, you agree that the amended and restated
Terms will apply to you.
If JBmarketplace.com has posted or provided a translation of the English
language version of the Terms, you agree that the translation is
provided for convenience only and that the English language version will
govern your access to and use of the Services or the Sites.
You may be required to enter into separate agreement(s), whether online
or offline, with JBmarketplace.com or our affiliate for any Service (or
features within the Services) (each an “Additional Agreement”).
If there is any conflict or inconsistency between the Terms and an
Additional Agreement, the Additional Agreement shall take precedence
over the Terms only in relation to that Service (or feature within the
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of JBmarketplace.com.
2. Provision of Services
If you are a registered member of any of the Sites, and registered or
resident in Hong Kong or Macau, the JBmarketplace.com contracting entity that
you are contracting with is JBmarketplace.com Hong Kong Limited. If you are a
registered member of any of the Sites, and registered in or are a
resident of mainland China, you are contracting with Hangzhou JBmarketplace
Advertising Co., Ltd. If you are a registered member of any of the
Sites, and registered in a jurisdiction outside Hong Kong, Macau and
mainland China, you are contracting with JBmarketplace.com Singapore
E-Commerce Private Limited (incorporated in Singapore with Company Reg.
No. 200720572D). As some or part of the Services may be supported and
provided by affiliates of JBmarketplace.com, JBmarketplace.com may delegate some of
the Services to its affiliates.
You must register as a member on the Sites in order to access and use
some Services. Further, JBmarketplace.com reserves the right, without prior
notice, to restrict access to or use of certain Services (or any
features within the Services) to paying Users, or subject to other
conditions that JBmarketplace.com may impose in our discretion.
Services (or any features within the Services) may vary for different
regions and countries. No warranty or representation is given that a
particular Service or feature or function thereof or the same type and
extent of the Service or features and functions thereof will be
available for Users. JBmarketplace.com may in our sole discretion limit, deny
or create different levels of access to and use of any Services (or any
features within the Services) with respect to different Users.
JBmarketplace.com may launch, change, upgrade, impose conditions to, suspend,
or stop any Services (or any features within the Services) without
prior notice except that in case of a fee-based Service, such changes
will not substantially adversely affect the ability of such paying Users
to enjoy that Service.
2.5 Some Services (or part thereof) may be provided by JBmarketplace.com’s affiliates on behalf of JBmarketplace.com.
3. Users Generally
As a condition of your access to and use of the Sites or Services, you
agree that you will comply with all applicable laws and regulations when
accessing or using the Sites or Services.
3.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with JBmarketplace.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites 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 JBmarketplace.com is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
3.3 You must read the following documents which govern the protection and use of personal information about Users in the possession of JBmarketplace.com and our affiliates:
JBmarketplace.com may allow Users to access to content, products or services
offered by third parties through hyperlinks (in the form of word link,
banners, channels or otherwise), API or otherwise to such third parties'
web sites. You are cautioned to read such web sites' terms and
conditions and/or privacy policies before using the Sites. You
acknowledge that JBmarketplace.com has no control over such third parties' web
sites, does not monitor such web sites, and shall not be responsible or
liable to anyone for such web sites, or any content, products or
services made available on or through such web sites.
You agree not to undertake any action to undermine the integrity of the
computer systems or networks of JBmarketplace.com and/or any other User nor
to gain unauthorized access to such computer systems or networks.
You agree not to undertake any action which may undermine the integrity
of JBmarketplace.com’s feedback system, such as leaving positive feedback for
yourself using secondary Member IDs or through third parties or by
leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material (“User Content”) on the Sites or providing any User Content to JBmarketplace.com or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to JBmarketplace.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to JBmarketplace.com, the operation of the Sites, the provision of any Services and/or the business of the User. You confirm and warrant to JBmarketplace.com that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
4. Member Accounts
4.1 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member”
below). Except with JBmarketplace.com’s approval, one User may only register
one member account on the Sites. JBmarketplace.com may cancel or terminate a
User’s member account if JBmarketplace.com has reasons to suspect that the
User has concurrently registered or is in control of two or more member
accounts. Further, JBmarketplace.com may reject User’s application for
registration for any reason.
Upon registration on the Sites, JBmarketplace.com shall assign an account and
issue a member ID and password (the latter shall be chosen by a
registered User during registration) to each registered User. An account
may have a web-based email account with limited storage space for the
Member to send or receive emails.
A set of Member ID and password is unique to a single account. Each
Member shall be solely responsible for maintaining the confidentiality
and security of your Member ID and password and for all use of and
activities that occur under your account (whether such use or activities
are authorized or not). No Member may share, assign, or permit the use
of your Member account, ID or password by another person, even to other
individuals within the Member’s own business entity (where applicable).
Member agrees to notify JBmarketplace.com immediately if you become aware of
any unauthorized use of your password or your account or any other
breach of security of your account.
Member agrees that all use of the Sites and Services, and all
activities that occur under your account (including without limitation,
posting any company or product information, clicking to accept any
Additional Agreements or rules, subscribing to or making any payment for
any services, sending emails using the email account or sending SMS)
will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to JBmarketplace.com or other Users of the Sites. Member shall indemnify JBmarketplace.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, JBmarketplace.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.
5. Member’s Responsibilities
Each Member represents, warrants and agrees that (a) you have full
power and authority to accept the Terms, to grant the license and
authorization and to perform the obligations hereunder; (b) your access
and use the Sites and Services will be for business purposes only; and
(c) for Members who are business entities, the address you provide when
registering is the principal place of business of your business entity.
For purposes of this provision, a branch or liaison office will not be
considered a separate entity and your principal place of business will
be deemed to be that of your head office.
Member will be required to provide information or material about your
entity, business or products/services as part of the registration
process on the Sites for your access to and use of any Service or the
member account. Each Member represents, warrants and agrees that (a)
such information and material whether submitted during the registration
process or thereafter throughout the continuation of the use of the
Sites or Service is true, accurate, current and complete, and (b) you
will maintain and promptly amend all information and material to keep it
true, accurate, current and complete.
Upon becoming a Member, you consent to the inclusion of the contact
information about you in our database and authorize JBmarketplace.com and our
affiliates to share the contact information with other Users or
otherwise use your personal information in accordance with the Privacy
Each Member represents, warrants and agrees that (a) you shall be
solely responsible for obtaining all necessary third party licenses and
permissions regarding any User Content that you submit, post or display;
(b) any User Content that you submit, post or display does not infringe
or violate any of the copyright, patent, trademark, trade name, trade
secrets or any other personal or proprietary rights of any third party
(“Third Party Rights”); (c) you have the right and
authority to sell, trade, distribute or export or offer to sell, trade,
distribute or export the products or services described in the User
Content and such sale, trade, distribution or export or offer does not
violate any Third Party Rights and (d) you and your affiliates are not
the subject of any trade restrictions, sanctions or other legal
restrictions enacted by any country, international organization or
5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
5.6 Each Member further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Sites in compliance with any applicable laws and regulations;
b) conduct your business transactions with other users of the Sites in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate JBmarketplace.com’s various proprietary directories, databases and listings;
i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by JBmarketplace.com and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
k) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
l) not engage in any activities that would otherwise create any liability for JBmarketplace.com or our affiliates.
Member may not use the Sites, Services or member account to engage in
activities which are identical or similar to JBmarketplace.com’s e-commerce
If Member provides a business referee, Member represents, warrants and
agrees that you have obtained all necessary consents, approvals and
waivers from such referee to (a) act as your business referee; (b) post
and publish their contact details and information, reference letters and
comments on their behalf; and (c) that third parties may contact such
business referees to support claims or statements made about you. You
further warrant and agree that all reference letters and comments are
true and accurate and third parties may contact the business referees
without the need to obtain your consent.
Member agrees to provide all necessary information, materials and
approval, and render all reasonable assistance and cooperation necessary
for JBmarketplace.com’s provision of the Services, evaluating whether Member
has breached the Terms and/or handling any complaint against the Member.
If Member’s failure to do so results in delay in, or suspension or
termination of, the provision of any Service, JBmarketplace.com shall not be
obliged to extend the relevant service period nor be liable for any loss
or damages arising out of or in connection with such delay, suspension
Member acknowledges and agrees that JBmarketplace.com reserves the right to,
but shall not be required to actively monitor or exercise any editorial
control whatsoever over the content of any message or material or
information (including User Content) created, obtained or accessible
through the Services or Sites. JBmarketplace.com does not endorse, verify or
otherwise certify the contents of any comments or other material or
information (including User Content) created, submitted, posted,
displayed or otherwise made by any Member. Each Member is solely
responsible for the contents of their communications and may be held
legally liable or accountable for the content of their comments or other
material or information
Member acknowledges and agrees that the Sites and Services may only be
used by businesses and their representatives for business use and not
for individual consumers or for personal use.
5.12Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.
6. Breaches by Members
JBmarketplace.com reserves the right in our sole discretion to remove, modify
or reject any User Content that you submit to, post or display on the
Sites which we reasonably believe is unlawful, violates the Terms, could
subject JBmarketplace.com or our affiliates to liability, or is otherwise
found inappropriate in JBmarketplace.com’s sole discretion.
If any Member breaches any Terms, or if JBmarketplace.com has reasonable
grounds to believe that a Member is in breach of any Terms, JBmarketplace.com
shall have the right to take such disciplinary actions as it deems
appropriate, including without limitation: (i) suspending or terminating
the Member’s account and any and all accounts determined to be related
to such account by JBmarketplace.com in its sole discretion without liability
for any losses or damages arising out of or in connection with such
suspension or termination; (ii) restricting, downgrading, suspending or
terminating the subscription of, access to, or current or future use of
any Service; (iii) removing any product listings or other User Content
that the Member has submitted, posted or displayed, or imposing
restrictions on the number of product listings or User Content that the
Member may post or display; (iv) imposing other restrictions on the
Member’s use of any features or functions of any Service as JBmarketplace.com
may consider appropriate in its sole discretion; and (v) any other
corrective actions, discipline or penalties as JBmarketplace.com may deem
necessary or appropriate in its sole discretion.
Without limiting the generality of the provisions of the Terms, a
Member would be considered as being in breach of the Terms in any of the
a) upon complaint or claim from any third party, JBmarketplace.com has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where a Member who supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
b) JBmarketplace.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
c) JBmarketplace.com has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
d) JBmarketplace.com believes that the Member’s actions may cause financial loss or legal liability to JBmarketplace.com or our affiliates or any other Users.
JBmarketplace.com reserves the right to cooperate fully with governmental or
regulatory authorities, law enforcement bodies, private investigators
and/or injured third parties in the investigation of any suspected
criminal or civil wrongdoing. Further, to the extent permitted by
applicable laws and policies, JBmarketplace.com may disclose the Member's
identity, contact information and/or information regarding the Member's
account(s), transactions or activities carried out on or via the Site,
if requested by a government, regulatory or law enforcement body or an
injured third party, or as a result of a subpoena or other legal action.
JBmarketplace.com shall not be liable for damages or results arising from
such disclosure, and Member agrees not to bring any action or claim
against JBmarketplace.com for such disclosure.
6.5 JBmarketplace.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if JBmarketplace.com has received notice that the Member is in breach of any agreement or undertaking with any affiliate of JBmarketplace.com including without limitation Taobao, Alipay, China Yahoo! and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. JBmarketplace.com reserves the right to, but shall not be required to investigate such breach or request confirmation from the Member.
Each Member agrees to indemnify JBmarketplace.com, our affiliates, directors,
employees, agents and representatives and to hold them harmless, from
any and all damages, losses, claims and liabilities (including legal
costs on a full indemnity basis) which may arise from your submission,
posting or display of any User Content, from your access to or use of
the Sites or Services, or from your breach of the Terms or any
6.7 Each Member further agrees that JBmarketplace.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Member. JBmarketplace.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with JBmarketplace.com in asserting any available defenses.
7. Transactions Between Buyers and Sellers
Through the Sites, JBmarketplace.com provides electronic web-based platforms
for exchanging information between buyers and sellers of products and
services. JBmarketplace.com additionally provides electronic web-based
transaction platforms for Members to place, accept, conclude, manage and
fulfill orders for the provision of products and services online within
the Sites subject to the terms of the Transaction Services Agreement.
However, for any Services, JBmarketplace.com does not represent either the
seller or the buyer in specific transactions. JBmarketplace.com does not
control and is not liable or responsible for the quality, safety,
lawfulness or availability of the products or services offered for sale
on the Sites, the ability of the sellers to complete a sale or the
ability of buyers to complete a purchase.
Users are hereby made aware that there may be risks of dealing with
people acting under false pretences. JBmarketplace.com uses several techniques
to verify the accuracy of certain information our paying Users provide
us when they register for a paying membership service on the Sites.
However, because user verification on the Internet is difficult,
JBmarketplace.com cannot and does not confirm each User's purported identity
(including, without limitation, paying Members). We encourage you to use
various means, as well as common sense, to evaluate with whom you are
Buyers and sellers accessing or using the Sites or Services shall
assume the risks of conducting any purchase and sale transactions in
connection with or through the Sites or Services. Buyer and sellers
accessing or using the Site or Services shall also fully assume all
risks of liability or harm of any kind arising out of or in connection
with any subsequent activity relating to the products or services that
are the subject of the transactions on the Sites. Examples of such risks
shall include, but are not limited to, mis-representation of products
and services, fraudulent schemes, unsatisfactory product quality,
failure to meet specifications, defective or dangerous products,
unlawful products, delay or default in delivery or payment, cost
mis-calculations, breach of warranty, breach of contract, transportation
accidents, the risk that the manufacture, importation, export,
distribution, offer, display, purchase, sale and/or use of products or
services offered or displayed on the Sites may violate or may be
asserted to violate Third Party Rights, and the risk that Users may
incur costs of defense or other costs in connection with third parties’
assertion of Third Party Rights, or in connection with any claims by any
party that they are entitled to defense or indemnification in relation
to the assertion of rights, demands or claims by claimants of Third
Party Rights. Examples of such risks also include the risk of claims
from consumers, other purchasers, end-users of products or other third
parties that they have suffered injuries or harm from their use of the
products obtained through the Sites or Services. All of the foregoing
risks are referred to as "Transaction Risks". JBmarketplace.com is not liable
or responsible for any damages, claims, liabilities, costs, harm,
inconveniences, business disruptions or expenditures of any kind that
may arise a result of or in connection with any Transaction Risks.
7.4 Buyers and sellers on the Sites are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under the Transactional Services Agreement (and in particular, clause 3.2).
User agrees to provide all information and materials as may be
reasonably required by JBmarketplace.com in connection with your transactions
conducted on, through or as a result of use of the Sites or Services.
JBmarketplace.com has the right to suspend or terminate any User’s account if
the User fails to provide the required information and materials
without liability for any losses or damages arising out of or in
connection with such suspension or termination.
7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify JBmarketplace.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY
JBmarketplace.COM ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE"
AND “WITH ALL FAULTS”, AND JBmarketplace.COM 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, AND UNDERTAKINGS ARE
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JBmarketplace.COM MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS,
RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY
INFORMATION PROVIDED ON OR THROUGH THE SITES; JBmarketplace.COM DOES NOT
REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT,
DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR
SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD
PARTY RIGHTS; AND JBmarketplace.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE
Any material downloaded or otherwise obtained through the Sites or
Services is done at each User's sole discretion and risk and each User
is solely responsible for any damage to its own or to JBmarketplace.com’s
computer system(s) or any 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 JBmarketplace.com or through or from the
Sites shall create any warranty not expressly stated herein.
The Sites may make available to User services or products provided by
independent third parties. No warranty or representation is made with
regard to such services or products. In no event shall JBmarketplace.com or
our affiliates be held liable for any such services or products.
Each User hereby agrees to indemnify and save JBmarketplace.com, our
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 access to or use of the Sites or
Services (including but not limited to the display of such User's
information on the Sites) or from your breach of any of the terms and
conditions of the Terms. Each User hereby further agrees to indemnify
and save JBmarketplace.com, our affiliates, directors, officers and employees
harmless, from any and all losses, damages, 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
JBmarketplace.com, including but not limited to those set forth in clause 5
Each User hereby further agrees to indemnify and save JBmarketplace.com, our
affiliates, directors, officers and employees harmless, from any and all
losses, damages, 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 Sites. Each
User hereby further agrees that JBmarketplace.com is not responsible and shall
have no liability to you, 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. JBmarketplace.com reserves
the right, at our 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 JBmarketplace.com in asserting any
JBmarketplace.com 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, equity or otherwise or any other damages resulting
from any of the following:
a) the use or the inability to use the Sites or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites or Services;
c) violation of Third Party Rights or claims or demands that User's manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services 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;
d) unauthorized access by third parties to data or private information of any User;
e) statements or conduct of any User of the Sites or Services; or;
f) any matters relating to the Sites or Services, however arising, including negligence.
Notwithstanding any of the foregoing provisions, the aggregate
liability of JBmarketplace.com, our employees, agents, affiliates,
representatives or anyone acting on our behalf with respect to each User
for all claims arising from the access to or use of the Sites or
Services during any calendar year shall be limited to the greater of (a)
the amount of fees the User has paid to JBmarketplace.com in exchange for the
access to or use of the Site or Services during the calendar year and
(b) the maximum amount permitted under the applicable law. The preceding
sentence shall not preclude the requirement by the User to prove actual
damages. All claims arising from the use of the Sites or Services must
be filed within one (1) year from the date the cause of action arose or
such longer period as prescribed under the applicable law governing the
8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not JBmarketplace.com has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
9.1 Under no circumstances shall JBmarketplace.com be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our 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.
10. Intellectual Property Rights
JBmarketplace.com is the sole owner or lawful licensee of all the rights and
interests in the Sites and the Site Content. The Sites and Site Content
embody trade secrets and other intellectual property rights protected
under worldwide copyright and other laws. All title, ownership and
intellectual property rights in the Sites and Site Content shall remain
with JBmarketplace.com, our affiliates or licensors, as the case may be. All
rights not otherwise claimed under the Terms or by JBmarketplace.com are
"JBmarketplace", "JBmarketplace.COM", “JBmarketplace” and related icons and logos are
registered trademarks or trademarks or service marks of JBmarketplace Group
Holding Limited, and “GOLD SUPPLIER”, "TRUSTPASS" and related icons and
logos are registered trademarks or trademarks or service marks of
JBmarketplace.com Limited, 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
10.3 JBmarketplace.com may have independent third parties involved in the provision of the Sites or Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
All legal notices or demands to or upon JBmarketplace.com shall be made in
writing and sent to JBmarketplace.com personally, by courier or certified mail
to the following entity and address: JBmarketplace.com Hong Kong
Limited/JBmarketplace.com Singapore E-Commerce Private Limited/Hangzhou
JBmarketplace Advertising Co. Ltd (as the case maybe), 26/F Tower One, Times
Square,1 Matheson Street, Causeway Bay, Hong Kong, Attn: Legal
Department. The notices shall be effective when they are received by
JBmarketplace.com in any of the above-mentioned manner.
All legal 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 JBmarketplace.com, or by posting such notice
or demand on an area of the Sites that is publicly accessible without a
charge. Notice to a User shall be deemed to be received by such User if
a) JBmarketplace.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) immediately upon JBmarketplace.com posting such notice on an area of the Sites that is publicly accessible without charge.
11.3 You agree that all agreements, notices, demands, disclosures and other communications that JBmarketplace.com sends to you electronically will satisfy any legal requirement that such communication should be in writing.
12. General Provisions
Subject to any Additional Agreements, the Terms constitute the entire
agreement between you and JBmarketplace.com with respect to and govern your
use of the Sites and Services, superseding any prior written or oral
agreements in relation to the same subject matter herein.
JBmarketplace.com and you are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by the Terms.
If any provision of the Terms is held to be invalid or unenforceable,
such provision shall be deleted and the remaining provisions shall
remain valid and be enforced.
Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such clause.
JBmarketplace.com’s failure to enforce any right or failure to act with
respect to any breach by you under the Terms will not constitute a
waiver of that right nor a waiver of JBmarketplace.com’s right to act with
respect to subsequent or similar breaches.
JBmarketplace.com shall have the right to assign the Terms (including all of
our rights, titles, benefits, interests, and obligations and duties in
the Terms to any person or entity (including any affiliates of
JBmarketplace.com). You may not assign, in whole or part, the Terms to any
person or entity.
12.7 If you are from outside of mainland China, the Terms shall be governed by the laws of Hong Kong without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Hong Kong. If you are from mainland China, the Terms shall be governed by the laws of