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Supplier Introduction
Common Problem This member service agreement (hereafter referred to as “this agreement”) is concluded between purchaser member or supplier member(hereafter referred to as “registered member”) and ENN e-commerce platform (hereafter referred to as “this platform”, web address is www.E-NENG.net) manager E Energy Network (hereafter referred to as “platform operator”) on platform service and other relevant issues.Please read this agreement carefully.
1.1 The terms and conditions describes in this agreement(hereafter referred to as “terms”) apply to registered members use services provided by this platform. These clauses content agreement body texts,various rules, regulations and announcements which has been revealed or might be revealed in the future. All the rules, regulations and announcements shall be an integral part of this agreement, have the same legal effect as the agreement body texts. Registered member committed to accept and obey all the related rules, regulations and announcements while using services provided by this platform.
1.2 The platform has the right to adjust the terms of the agreement. If the agreement have any changes, this platform will publish announcements on the website, changes by the manner of announcement, without inform registered members separately. Registered members can login and consult latest agreement at any time. Registered members have an obligation to concern and read the latest version of agreement and platform announcements.
1.3 If registered members have objection to modified terms, please perform unfinished responsibilities and obligations, then can stop using services provided by this platform and apply to withdrawal. Once registered members continue to use services provided by this platform, is considered have accepted revised terms. Where registered members and platform in dispute cases, it shall be settle the dispute through the latest version of this agreement.
1.4 Registered member represents and warrants that since agreed to accept this agreement and registered as a member of this platform, the member possess full capacity for civil rights and capacity for civil conduct, and can bear civil liability as legal person or other organization civil independently. If fails to meet such conditions, the registered member should terminate registration immediately or stop using services provided by this platform.
2.1 According to use services provided by this platform, registered members can browse transaction information, query products or service information, conclude transaction intent, make trades, evaluate other members, attend platform activities, use other information service and technical service.
2.2 This platform only as choosing transaction objects for registered members, negotiate with goods and services, access variety of commerce-related service location. Meanwhile this platform does not involve legal relationship and legal disputes because of transaction during registration, cannot and will not be part of trading parties and their transactions.
2.3 Registered members should be aware that this platform cannot control or guarantee neither the authenticity, integrality,accuracy of the commercial information nor product quality, safety, legality and the ability of relevant trading partners to perform obligations under this agreement. Whether trading partners perform obligations under this agreement or not, the platform cannot and will not control. In addition, registered members aware that the risk of dealing with traders behave in a fraud way is an objective existence, please be careful when using this platform.
2.4 The platform reserves the right to change, interrupt and terminate the whole or part of service contents. Registered members have the right to use the relevant service of the platform in the circumstances of fully agree to this agreement and regulations of this platform.
2.5 The platform will take relevant service charge from registered members when providing foregoing service. The arrangement of service charge related to the platform and registered members shall be determined through negotiating by the parties.
3.1 Entry on the register should complete the registration process of members according to the request of ENN member registration rules and other applicable rules on the platform.
3.2 You should provide register information legality, truthfulness, accuracy and integrity when applying to become a registered member on the platform.The register information of members should be updated immediately if there is any change.As the platform service provider, the platform operator is required by law, which is stipulate explicitly that must verify the information of some registered members. In this situation, the platform operator will occasional check and verify registered members information according to law. Registered members shall cooperate and provide current, true and complete information.
3.3 If members provided register information is unlawful, untrue, inaccurate and incomplete, registered members need to bear the resulting corresponding responsibility and consequence. In addition, platform operator reserves the right to terminate registered members using services on the platform.
4.1 After you successfully registered as a member,will generate user name, password and other account information. Registered member can change password based on the platform rules.
4.2 Registered members should save and use user names and passwords careful and rational.Registered members shall be responsible for confidentiality of their user names, passwords and other account information. And the platform should be responsible for the member, and all the activities which caused by individuals and institutions authorized by the member, under the member’s usernames and passwords, ( include but are not limited to information disclosure, information publish, click “agree” online, submit various rules or agreements, renew agreement online , and sell goods or services).
4.3 If members find that their accounts are used by any unauthorized situation or breach of security, please contact the platform immediately.The platform operator will not take any responsibility for the illegal use of members’ account by others that is caused by hacking or negligent password keeping. Unfavorable consequences and damages should be undertaken by registered members themselves.
4.4 Registered members' usernames and passwords shall not transfer, grant, inherit(where applicable) by any means unless prescribed by law and provide the platform consent. In addition,transfer, grant, inherit (where applicable)should provide acceptable documentation which meet the requirements of platform, and shall be dealt in accordance with operation flow established by the platform.
5.1 Registered members have rights to use their own user names and passwords to login the platform at anytime.
5.2 Registered members pledge to observe the principles of honesty and trustworthiness in the course of transactions when using the platform.
5.3 Registered members shall agree to not use any data for commercial exploitation, (including, without buyer information, supplier information and the related transaction information), include but not limited to use any information display on the platform web site by copy, propagate without the platform written prior approval.
5.4 Registered members agree to strictly comply with the following obligations:
（1）Shall not transfer or publish: remarks of inciting to resist or breaking the Constitution or laws or the implementation of administrative regulations,subversion of state power, overthrow socialist system, division of the country, harming national unification, hatred or discrimination among nationalities or harming the unity of the nationalities.
（2）Must accord with China's relevant regulations while transmitting the information materials from China mainland to outwards.
（3）Shall not use the inter website engage in money laundering , steal commercial secrets and other illegal and criminal activities.
（4）Shall not interfere with platform normal operation or invade the platform and national computer information system.
（5）Shall not transmit or deliver any slander others, abusive, threatening, harmful, vulgar, obscene and uncivilized unlawful information.
（6）Shall not transmit information or deliver remarks which damage the national interests, social public interests and touch on issues of national security.
（7）Shall not instigate others to engage in prohibited behavior in this article.
（8）Shall not publish any content of encroach upon other people's copyright, trademark right and other intellectual property or legal right.
（9）Shall not engage in violation of state laws and regulations prohibitive provisions.
6.1 The platform have an obligation to maintain the whole online trading platform, strive to upgrade and improve technology, make it can successfully proceed.
6.2 The platform reserves the right to remove all types of information content that does not comply with the relevant legal policy or unreal, without notice to the registered members.
6.3If registered members does not follow provisions of Article 5 in this agreement, the platform has the right to make separate judgments and take measures such as suspend or close member account without notice or obtain the consent of registered members.
6.4 The platform operator has rights to notify information through E-mail,telephone about order and sales promotions to platform registered members.
6.5 The platform operator has the right to use registered members information such as registration information, user names, and passwords, login registered member’s account to make evidence preservation, include but are not limited to notarization and authentication.
6.6 The platform has the right to perused members’ registration data or transaction behavior data, has the right to deal with registered members such as issue enquiry, notice request correction or delete, when any questions or doubts are discovered during registration data or transaction behavior.
6.7 The platform has a duty to prior review members’ all registered data, but have no obligation to review all transaction behaviors and other commerce-related matters. If the following situations exist:
（1）Other registered members and third parties inform the platform and suggest that registered member’s one transaction item has major problem.
（2）Other registered members and third parties inform the platform that registered member exists illegal or improper action.
6.8 The platform has right to delete registered members’ related information or stop providing the service and pursue legal responsibilities if above situation does exist.
6.9 The platform has right to announce registered members’ illegal behaviors or breach of the agreement behaviors by web publishing,if they were confirmed by national effective legal document or decision of administrative penalty, or identified by enough facts-based from the platform.
6.10 If disputes arising from website work platform during transaction process, registered members can ask the platform to arbitrate based on its transaction disputes processing rules. But the platform’s process result does not affect the parties in dispute to solve transactiond ispute by legal means.
7.1 Registered members accept and agree to Framework Agreement already signed and order terms listed in transaction rule of the platform.
7.2 Registered members should careful confirmed information,such as trade commodity’s name, property(specifications, models, size, etc),price, quantity, shipping address, contact number, payment methods, delivery dates, bank account, invoice title, mailing address and notes before submit the order.
8.1 In order to guarantee sincerely business and fund security, registered members should agree to use online payment services, platform-specified,such as trade purchases,which provide by third-party payment institution of cooperation. The platform operator shall not be held any responsible when registered members have any loss or legal dispute due to the use of services provided by third-party payment institution.
9.1 For system maintenance or update need to suspend services,the platform will post the note in advance.
9.2 With the examination and approval of the platform, users apply for registered members’ identity cancellation can terminate the service agreement with the platform. But the platform still reserves the following rights:
（1）The platform shall be entitled to retain registered members’ apply for cancellation and former transaction behavior record after cancellation registration.
（2）The platform shall exercise the rights specified by the agreement if registered members have illegal and breaches of contract actions before cancellation.
9.3 The platform can terminate to provide services to the members in the following situations:
（1）The platform shall be entitled to terminate providing services when registered members break the relevant provisions of the agreement. If the member directly, indirectly or in the name of others registered as a member of the platform again,after the offered services to registered member was terminated by the platform, it shall be entitled to unilaterally terminate providing services to the member again.
（2）Once discovered that main content of the member’s registration data were found to be false, the platform can terminate to provide services to this registered member.
（3）Registered members clearly indicated that unwilling to accept new service agreement when the arrangement is terminated or updated.
（4）Other situations that the platform reasonably believes need to terminate services.
Except as aforesaid situations, the platform while retaining the rights for interrupt or terminate part or all of the services at any time with advance notice.For any loss caused by service interruption and termination, the platform does not take any duty for registered members or any third party.
10.1 Under the following abnormal condition,cause some or all transactions cannot be undertaken, the platform shall be entitled to temporarily or technical halted transaction and does not carry liability.
（1）force majeure
（2）contingencies
（3）technical failure
（4）other exception cases beyond the platform’s control
10.2 Due to the above accidents cause transaction communication interruption and transaction data distortion, regard electronic trading system host final record transaction data as effective data before failure happens when trading assumed.
10.3 The platform only available on the foundation of “AS IS”,provide registered members all information, content, material, product (includes software) or service, without any form of express or implied guarantees to platform’s operation and platform includes information, content, material, product (includes software) or service.
10.4 Registered members will fully undertake any risks, losses and consequences created by using the platform services. The platform has no obligation to require buyer and seller to honor the contract guarantees, and does not take any duty for registered members or any third party.
10.5 The cooperative partnership, strategic partnership, alley organizations and information, products and services provided by the relevant websites on the platform only as the platform’s extension services provided for registered members. The service provider shall undertake corresponding responsibility for any dispute, fees, loss, duty or results caused by members’ use of or inability to use platform service.
11.1 The platform protect registered members’ trade secrets. But register and transaction information minimum will partly or totally be published under the following conditions.
（1）To disclose to third parties with the consent of registered members.
（2）If registered members have complaints,should be disclosed to the respondent as required, so that both sides well deal with possible right disputes.
（3）To disclose according to the provisions of the relevant laws , and the requirements of administrative organization or judicial branches.
（4）If registered members relevant Chinese laws or platform’s published policies and norms, in this case, need to disclose to the third party.
（5）The related products and services registered members requested can only be offered with the disclosure of their related registration and transaction information. The platform is entitled to disclose necessary information in this situation.
（6）The platform shall be entitled to disclose related information about registered members and their trade activities to the third-party payment institution, because of their consent of accepting services of the third-party payment institution.
（7）To cope with related organizations assistant investigate risk events, the platform shall be entitled to disclose related information about registered members and their trade activities to the related third-party (including third-party payment institution), include but not limited to their basic information, trade and payment information, product information, logistics information, credit record, etc.
（8）In order to facilitate loans and financing arrangement between suppliers and cooperation banks, the platform shall be entitled to provide related information about registered members and their trade activities to the cooperation banks, include but not limited to provide relevant information with the requirements of cooperation banks. Some information should be paid free of charge, some available for a fee.
（9）Other disclosures that considered appropriate by law and relevant systems or regulations of the platform .
12.1 The platform operator shall be entitled to set own standard to charge service fees from registered members who participate in online transaction through the platform.The specific rates for the charges shall be announced.
13.1 All the content on the platform web site, include but are not limited to work, picture , archive, information, material, website structure, arrangement of website pictures, web design, the platform operator legally owned intellectual property, include but are not limited to trademark right, patent right, copyright, trade secret, etc.
13.2 Registered members should respect intellectual property, without platform operator’s written consent, no individual may unauthorized use, modify, copy, reproduce, link, grab, public transmission, change, spread, issue or publish information, program or content on the platform.
14.1 Registered members should safeguard and maintain interests of the platform and other registered members, agree to assume compensation liability for the losses of the platform or other third parties, which caused by violating relevant laws and regulations or any terms contained in this agreement.
14.2 RIf one of the following conditions occur, registered members shall be considered as a breach of this contract.
（1）violate relevant laws and regulations when using the platform’s services.
（2）violate stipulations in the agreement or other signed protocols about accepting the platform related services between registered members and the platform operator.
（3）registered members understand and agree the platform operator to stipulate the recognize standard of default in the platform’s correlation rules.
14.3 Registered members shall observe correlation rules when publishing the information on the platform. The platform can immediately handle it with appropriate action, such as block, delete, or broken links according to corresponding rules if release default information.
14.4 The user’s implemented or unimplemented behavior exerts influence on the platform and cause breach of the agreement, the platform can punish the member by taking steps such as demoting star levels, suspending the transaction qualification, terminating all or few services offering according to corresponding rules.If the registered member’s acts deemed as fundamental breach of the agreement, the platform can seize account and terminate providing services to the member.
ENN is headquartered in Beijing, covering more than 60 countries worldwide. It has set up warehousing consignment centers in Houston and Dubai to provide trading, processing and distribution services to global energy companies.
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