User Agreement

User Agreement (Buyers Version)

Update time: Jul 28, 2022

Effective time: Aug 4, 2022

Should you have any questions, comments or suggestions about this Agreement, you can contact us through the following ways, and in general, we will reply within 7 working days.

Email: [email protected], [email protected]

Contact Address: No. 7 Lijing Road, Jiangbei New District, Nanjing, Jiangsu Province

Postal Code: 210031

Contact Person: Focus Technology Co., Ltd. (Made-in-China.com)

Tel: 86-25-6667 7777

Made-in-China.com (including PC cite: www.made-in-china.com, touchscreen cite: m.made-in-china.com, App client (Google Play: Made-in-China B2B Trade Online, Apple App Store: Made-in-China B2B Trade App), etc., hereinafter referred to as "MIC", is a company owned by Focus Technology Co., Ltd. (hereinafter referred to as "Focus Tech." or "We" and "Us", contact address: No. 7 Lijing Road, Jiangbei New District, Nanjing, Jiangsu Province) independently developed and operated a comprehensive platform to provide one-stop services for foreign trade services. This Agreement contains the terms and conditions between the buyer (hereinafter referred to as "You") and Focus Tech. in relation to the use of the relevant services on the Made-in-China.com website.

Special Reminder:

1. The terms of this Agreement that have a material relationship to your rights and interests have been prominently identified by italicizing/bolding/bold underlining. It is essential for You to read the terms and conditions of this Agreement. Once You click the agree button, it means You have read, understood and agreed to this Agreement.

2. Due to the rapid development of the network, the terms set out in this Agreement can not fully enumerate and cover all the rights and obligations between You and Focus Tech., and the existing Agreement can not guarantee full compliance with the needs of future development. For this reason, other agreements, privacy policies, intellectual property provisions and other provisions (hereinafter referred to as "Relevant Provisions") that have been published or can be published in the future in the form of announcements and notices from MIC are an integral part of this Agreement and shall have the equal legal effect as the main text of this Agreement.

3. The individual terms of this Agreement is subject to adjustment from time to time in accordance with business necessities. Once the content of the terms and conditions is changed, an updated version will be issued on MIC or an announcement or notice will be made to remind You of the updated content. Please check the latest user agreement in a timely manner. In the foregoing case, if You continue to access, use and accept MIC and related services, You are deemed to have fully read, understood and accepted the content of the adjusted agreement; You shall cease to access or use MIC and related services provided that You do not accept the content of the adjusted agreement.

4. The manner in which You agree to this Agreement and related rules includes, but is not limited to: A. When You follow the instructions on the registration page, fill in the information, read and agree to this Agreement and complete the account registration process; B. When You receive an email notification of successful account registration and activate your account according to the email prompts; C. Verbal or written indication made by email, telephone, fax, instant messaging software or contract; D. When You click to agree or otherwise agree in a manner equivalent to Agreement, You accept the"default agreement"clause in the relevant rules; E. After this Agreement and the relevant rules are updated, You click to agree or continue to access and use MIC and related services; F. You access or use MIC and related services in any other manner. G. In any other manner acceptable as between You and Us.

5. This Agreement will be translated into different language versions through translation software, including but not limited to English, Japanese, French, Spanish, etc.. Should there be any conflict between the different language versions, the Chinese version shall prevail.

I. Registration

1. You can only access or use certain MIC pages or services by becoming a registered MIC user. Once You access or use MIC and the related services, it is assumed that You are qualified to enter into legally binding contracts in your place of residence or/and in the place where You use the services. If You do not agree (or cannot comply), please do not access or use MIC and related services.

2. In registration, real, legal and valid registration information shall be provided by You. In the event of changes in registration information, You need to update it in a timely manner.

3. You will be provided with a user account and password upon the completion of registration, and You shall properly manage the password. The damages caused by improper management shall be borne by You.

4. Your user name, profile photo, profile and other information shall comply with the requirements of relevant laws and regulations of China, your country or/and region and the relevant provisions of MIC, and shall not infringe the legitimate rights and interests of any other third party.

II. Access and use

1. You shall be responsible for all actions taken on your registered account. You shall not share, transfer or allow anyone other than yourself to use your account. If You find any unauthorized use of your account or password, or any other security risks with your MIC account, please immediately inform MIC.

2. Based on the relevant features of the Internet, We would like to have your understanding and agreement that the information You posted on MIC can be browsed by the users of the suppliers located in China, and based on this, You can conduct trade transactions. In this case, You must pay careful attention to the laws and regulations of China and your country or/and region related to import and export control, trade restrictions and economic sanctions, and ensure that You possess the legitimate rights and qualifications for cross-border import and export of the relevant goods, and will not constitute an infringement of the legitimate rights and interests of third parties (such as intellectual property rights, etc.). If You violate the aforementioned undertakings, MIC shall terminate your account and related services when the aforementioned situation has been discovered.

3. When You access or use MIC and related services, You shall not engage in the following acts:

  • (1) Using MIC for illegal activities such as fraud, defamation, pyramid schemes and sales of infringing goods;
  • (2) Using MIC to spam repeated messages, or sending a large number of messages not related to MIC services to other users (including supplier users and buyer users) without permission or authorization, or sending malicious and provocative files and commercial advertisements, including spam emails and spam messages to other users (including supplier users and buyer users);
  • (3) Using MIC to publish, transmit, distribute or store information or pictures that violate the relevant laws and regulations of China and the country where the user (including supplier users and buyer users) is located, including but not limited to derogatory words or pictures about religion, race or gender, or information and pictures that contain obscenity, pornography, insult, defamation, harassment, abuse or threats to other users (including supplier users and buyer users), or information and pictures that violate the copyright, patent, trademark, trade secret, privacy, reputation or other rights of any third party;
  • (4) Impersonating another person or creating a false identity to mislead or deceive others;
  • (5) Collecting information about other users (including supplier users and buyer users), including but not limited to their email addresses and user IDs, without the prior consent of MIC and other users (including supplier users and buyer users);
  • (6) Using MIC to transmit or disseminate computer viruses, disguised sabotage programs, computer worms, time bombs or other similar software or programs that contains the potential to destroy, interfere with, intercept or expropriate any system, data or personal information;
  • (7) Copying, translating, illegally disassembling, dismantling, decompiling, reverse engineering, or reverse compiling MIC;
  • (8) Violating Agreement Concerning the Protection of Cross-border Transfer of Suppliers’ Personal Information;
  • (9) Other acts that violate the provisions of this Agreement, laws and regulations or the rights and interests of MIC, Focus Tech. or other third parties.

4. When You have any violation of law or violation of this Agreement, MIC has the right to unilaterally suspend or terminate your access, use of MIC and related services without prior notice, and is not responsible for any impact or loss caused by this, Meanwhile, regardless of the reason You are suspended or terminated access, use of MIC and related services, MIC still reserves the right to pursue its legal rights.

III. Limitation of liability

1. You understand that there is a large amount of information (including but not limited to text, pictures, videos, external links, etc.) published by other users (including supplier users and buyer users) on MIC, and this information can have certain risks and defects. We have established a system for releasing information in accordance with laws and regulations and relevant rules to protect your legitimate rights and interests and have a good experience on MIC as much as possible. Nevertheless, please understand and accept that, due to the separation of information and physical objects in the network environment, MIC as a network platform cannot review and guarantee the authenticity, accuracy, safety, and legality of such information on an individual basis, so You are supposed to evaluate the information on MIC carefully and bear the risks arising from using MIC independently, and We shall not be responsible for any losses caused due to such information.

Should You find any false, inaccurate, unsafe, and illegal information on MIC, it is welcome for You to contact us at any time through Contact Made-in-China.com (please click) at the bottom of the home page of the PC.

2. To provide better recommendation services to You, You agree that We can reasonably send You commercial advertisements, MIC's latest information about suppliers and products, and other service notices that are necessary to inform You, or show You personalized third party promotional information through the system, including but not limited to system notifications, SMS, and email. In case You do not wish to receive such information, You can unsubscribe through the corresponding unsubscribe function.

3. You understand and agree that You shall ensure that the information (including text, pictures, videos, and links) posted on MIC complies with the laws and regulations of China and your country or/and region. In case the aforementioned information posted by You is illegal in China and your country or/and region, all penalties and liabilities will be borne by You and MIC will not be responsible for any related penalties and liabilities.

4. MIC is not responsible for the damages caused by your access and use of MIC and related services, and does not guarantee the result of the services. MIC is not liable for direct, indirect, occasional, special, punitive damages or all other damages caused by your access and use of MIC and related services, notwithstanding the possibility of being informed of the existence of damages in advance. Should You be dissatisfied with some or all of the services provided by MIC, You shall cease to use such services.

5. Given the different laws, regulations, and policies of different countries, MIC will adopt technical means to circumvent the information that violates the laws, regulations, and policies of the visiting countries, resulting in the display or provision of information or services can be slightly different when the buyer users of different countries visit or use MIC, which does not constitute a breach of contract by MIC, and MIC shall not assume any responsibilities.

6. All losses, claims and penalties caused by any violation of laws and regulations, MIC rules, or infringement of the rights and interests of third parties in the process of your access and use of MIC and related services will be borne by You, and MIC shall not bear any responsibilities. Any loss caused to MIC due to the aforementioned circumstances, You shall also undertake to make full compensation, including but not limited to direct and indirect losses of MIC and reasonable expenses such as attorney's fees, transportation fees, notary fees, translation fees, etc. for claiming the losses.

IV. Disputes and complaints settlement

1. Where disputes (including but not limited to commodity quality disputes, trade disputes, intellectual property disputes, etc.) occur between You and third parties (including supplier users, buyer users or other third parties) on MIC, You or any of the third parties shall have the right to choose the following ways to settle the disputes:

  • (1) Consulting with the disputing party on its own;
  • (2) Complaining to MIC;
  • (3) Complaining to the relevant government department;
  • (4) Requesting arbitration to an arbitration institution in accordance with the arbitration agreement (if any) reached with the disputing party;
  • (5) Filing a lawsuit with the court;
  • (6) Any other ways that both You and the other party in dispute agree.

2. When You choose to make a complaint to MIC, You acknowledge and accept that MIC, as an independent third party, will render an outcome (including temporary or permanent account termination, permanent ban from MIC, non-refundable service fees paid, etc.) based on the facts available to MIC and in accordance with the relevant rules of MIC. We reserve the right to decide at our own discretion whether or not to participate in the settlement of disputes.

3. If You are a party to a dispute or controversy, MIC has the right to investigate the situation from You by telephone or email, and notify the other party to the dispute of the situation investigated. You have the obligation to provide the corresponding information within the specified time after receiving our notice, and cooperate with Us to investigate and resolve the dispute and complaint, otherwise, MIC has the right to unilaterally and independently judge whether the complaint and (or) reimbursement request of other users against You (or You against other users) is valid, and make unfavorable processing results for You.

4. You acknowledge and agree that MIC is not a professional judicial institution, We can only judge the evidence submitted by the parties with the knowledge of the general public, and do not guarantee that the result can meet your expectation, nor do We assume any responsibility for the result.

In the event that You are not satisfied with the outcome, You still reserve the right to resolve the dispute through other dispute resolution procedures, yet You shall be bound to accept or comply with the outcome of MIC's decision before obtaining a final decision through other dispute resolution procedures.

Should the final decision be inconsistent with the decision made by MIC, You agree to indemnify MIC from any loss caused by the decision made by MIC.

V. Intellectual Property

1. MIC respects and protects the intellectual property rights of others, and prohibits the release or dissemination of any infringing or potentially infringing information. In the event that You commit a relevant infringement, You shall independently bear the legal responsibility arising therefrom. In the meantime, MIC has the right to take certain punitive measures against You.

2. No transfer of intellectual property rights, portrait rights, and other rights will occur as a result of uploading or releasing any text, images, video, audio, or other information other than personal information that You provide, release, as well as form when using MIC. In the meantime, You grant use an irrevocable, non-exclusive and full license to use (including storing, using, duplicating, revising, editing, releasing, displaying, translating, distributing or creating derivative works from the above information, incorporating the above information into other works in a form, medium or technique that is known or later developed and so forth), sublicense, and obtain evidence and file lawsuits in our own name against third parties for infringement of your rights worldwide to the extent permitted by law.

3. All information published on MIC (including but not limited to text, logos, button icons, images, sound file clips, digital downloads, data editing and software, web page design, trademarks), with or without explicit statement, is the property of Focus Tech. or the information provider and is subject to the protection of Chinese and international copyright laws. All collated, arranged, layout and compiled contents on MIC are the property of Focus Tech. and are protected by Chinese and international copyright laws. All systems and software on MIC are the property of Focus Tech. and are protected by Chinese and international copyright laws. Unless mandatorily provided by law, without a written consent of Focus Tech., no entity or individual shall copy, reproduce, cite, link, grasp or otherwise use the aforementioned information or property in whole or in part in any way, otherwise, Focus Tech. reserves the right to pursue its legal responsibilities.

VI. Force majeure

1. Regarding the following force majeure factors lead to obstacles of fulfillment, defects, delay and changes of content of MIC service, MIC does not assume the corresponding liability for breach of contract. A reasonable measure will be taken by MIC promptly to minimize the possible damages incurred to You:

  • (1) In the event of natural disasters, strikes, riots, wars, governmental acts, orders of domestic or foreign courts or tribunals, etc;
  • (2) Any factors affecting normal network operation due to power supply failure and particular features of the Internet, including hacker attacks, Internet connection interruptions or impacts due to system failures, technical adjustments by telecommunications departments, and temporary shutdowns resulting from government controls;
  • (3) MIC regular or emergency equipment and system maintenance, equipment and system failure, network information and data security, and other factors.

VII. Application of law, jurisdiction and others

1. The laws and regulations of the People's Republic of China shall apply to the conclusion, amendment, execution and interpretation of this Agreement, as well as to the settlement of disputes related to this Agreement. Should there be a lack of definite legal provisions on a particular matter related to this Agreement, reference shall be made to common international business practices and industry practices.

2. Should any provision of this Agreement be wholly or partially invalid or unenforceable for any reason of any kind, the remaining provisions of this Agreement shall continue to be valid and binding.

3. Any dispute arising from or related to this Agreement or services provided by MIC, will be first resolved through friendly consultation between Focus Tech. and You. When consultation fails, proceedings or lawsuits shall be brought to the People's Court of the location of the Focus Tech.