Christmas Terms of service
Updated: November 14, 2024
This agreement is concluded between the user of the CatKissFish platform (including PC websites, mobile websites, etc., hereinafter referred to as the "Platform" or "CatKissFish Platform") (hereinafter referred to as "you") and the operator of the CatKissFish platform "CAT KISS FISH TECHNOLOGY CO.,LIMITED" (hereinafter referred to as "CatKissFish" or "we"), regarding the CatKissFish platform services and other related matters.
Ⅰ. Confirmation and Acceptance of the Agreement
1.1 This Agreement is concluded by you and CatKissFish, and this Agreement has the same legal effect on you and CatKissFish.
1.2 You should read this Agreement carefully before clicking to agree to this Agreement. Please be sure to read carefully and fully understand the contents of each clause, especially the clauses of exemption or limitation of liability, applicable law and dispute resolution, and other clauses in bold font to remind you of the clauses.
1.3 When you fill in the information according to the prompts on the registration page, read and click to confirm that you agree to this Agreement and complete the entire registration process, or enter the CatKissFish platform and use the service in any way, it means that you have fully read, understood and agreed to accept the terms and conditions of this Agreement. During the reading of this Agreement, if you do not agree with this Agreement or any of the terms and conditions therein, you should immediately stop the registration process and stop using the service.
1.4 Due to the rapid development of the Internet, the terms and conditions of this Agreement signed between you and CatKissFish cannot fully list and cover all the rights and obligations between you and CatKissFish, and the existing agreements cannot guarantee that they fully meet the needs of future development. Therefore, CatKissFish Legal Statement, Privacy Terms, CatKissFish Platform Rules and all types of agreements, statements or rules that have been published or may be published in the future and publicized by reasonable means on the CatKissFish platform are supplementary agreements to this Agreement, which are inseparable from this Agreement and have the same legal effect. If you use CatKissFish services, you are deemed to agree to accept the above supplementary agreements.
1.5 In accordance with the relevant laws, regulations and related policies of the Hong Kong Special Administrative Region of the People's Republic of China and changes thereof, as well as the needs of the platform's operation, CatKissFish has the right to revise the terms and conditions of this Agreement and other CatKissFish platform rules from time to time, and we will make a change announcement of the revised agreement by publicizing it on the website. Once the changed agreement is published on the CatKissFish platform, it will automatically take effect at a specific time (the earliest time for the agreement to take effect is the 7th day after the announcement is published) and replace the original agreement. You should carefully read this agreement and other announcements published on the CatKissFish platform before using this platform, and pay attention to changes in platform announcements, prompt information, agreements, rules and other related content from time to time during the use of this platform service. You know and confirm that if you do not agree with the changed agreement, you should stop using this platform immediately; if you continue to use the CatKissFish platform, you will be deemed to be aware of the changes and accept the changed agreement. If you do not agree with the changes, you have the right to contact CatKissFish to provide feedback before the effective date of the changes. If the feedback is adopted, CatKissFish will adjust the changes as appropriate. If you still disagree with the effective changes, you should stop using CatKissFish services from the effective date of the changes, and the changes will not be effective for you; if you continue to use CatKissFish services after the changes come into effect, it will be deemed that you agree to the effective changes.
Ⅱ. Definitions
2.1 CatKissFish Platform: refers to the online information publishing and transaction matching platform hosted and operated by CatKissFish to meet the customized trading needs of users, including the CatKissFish website (domain name is CatKissFish.com) and the client.
2.2 CatKissFish: refers to "CAT KISS FISH TECHNOLOGY CO.,LIMITED", the operator of the CatKissFish platform.
2.3 CatKissFish Services: refers to the various information technology services (hereinafter referred to as "Services") provided to you by CatKissFish based on the Internet in various forms including PC websites and mobile websites.
2.4 CatKissFish Platform Rules: refers to all agreements, rules, terms, product process descriptions, announcements, etc. that have been published and may be published in the future on the CatKissFish platform.
III. Account Registration, Use and Cancellation
3.1 You confirm that when you complete the registration process or actually use the service in other ways permitted by CatKissFish, you shall have the civil capacity for conduct that is appropriate to your behavior as required by the laws of the Hong Kong Special Administrative Region of the People's Republic of China. If you do not have the aforementioned civil capacity for conduct that is appropriate to your behavior, you and your guardian shall bear the corresponding consequences in accordance with the law, and CatKissFish has the right to terminate the provision of services to you and cancel your account. If you register on the CatKissFish platform on behalf of a company or other legal entity, you declare and warrant that you have the right to bind the company or legal entity to this Agreement.
3.2 After you fill in the information as prompted on the registration page, read and click to agree to this Agreement and complete the entire registration process, or when you actually use the CatKissFish service in other ways permitted by CatKissFish, you are bound by this Agreement and its supplementary agreement. You can use your registered CatKissFish account, mobile phone number or other methods permitted by CatKissFish as a means of login to the CatKissFish platform.
3.3 The account login name you set shall not violate the relevant laws and regulations of the People's Republic of China and the CatKissFish platform rules, otherwise CatKissFish may reclaim your login name and handle it accordingly in accordance with the laws and regulations or platform rules.
3.4 The information you provide to the CatKissFish platform shall be true, accurate, complete, legal and valid; if there is any change, you shall promptly and actively update the relevant information on the platform; otherwise, you will bear all losses and adverse consequences caused to yourself, others or CatKissFish. If CatKissFish requires users to provide any additional relevant information due to national laws, regulations, departmental regulations or regulatory requirements, if you fail to provide it in time, CatKissFish has the right to suspend or terminate the provision of some or all CatKissFish services to you, and all risks, responsibilities, losses, expenses, etc. arising therefrom shall be borne by you.
3.5 You shall keep your account password properly. CatKissFish is not responsible for the losses and consequences caused by your account being leaked or attacked or defrauded by others. You should seek compensation from the infringer through judicial, administrative and other relief channels. If you find any unauthorized use of your account to log in to the CatKissFish platform or other situations that may cause your account to be stolen or lost, it is recommended that you notify CatKissFish immediately. You understand that it takes a reasonable time for CatKissFish to take action on your request, and CatKissFish does not bear any responsibility for the consequences that have occurred before taking action (including but not limited to any of your losses); and the actions taken by CatKissFish at your request may not avoid or prevent the formation or expansion of the consequences of infringement. Unless CatKissFish has statutory fault, CatKissFish does not bear any responsibility.
3.6 You are responsible for all the results of your actions under your account (including but not limited to signing various agreements online, clicking to agree/disagree to various rules and agreements online, information disclosure, picture uploading, online design, publishing information, purchasing or entrusting a third party to purchase goods or services, etc.).
3.7 Cancellation
3.7.1 When you need to terminate the use of CatKissFish platform services, you can apply to cancel your account in accordance with our process and page prompts. Please be aware and agree that:
(1) You can apply to cancel your account manually.
(2) The account you apply to cancel is in normal status, that is, your account information is up-to-date, complete and correct, and the account has not been subject to restrictive measures such as stop payment or freezing by the competent authority.
(3) In order to safeguard the legitimate interests of you and other users, when you apply to cancel your account, we will conduct a risk review. Your account should not have any ongoing transactions or other unsettled rights and obligations, and there should be no other disputes that may arise due to cancellation. If your account has a balance, please withdraw all the available funds in your account before canceling it, or spend it through consumption or other means.
3.7.2 We have the right to cancel your account if any of the following circumstances occur:
(1) If you have (or may have) uploaded illegal or unauthorized images on the CatKissFish platform, infringed (or may have infringed) the legitimate rights and interests of third parties, or otherwise violated the provisions of this Agreement, the CatKissFish platform rules, etc.;
(2) If you use the CatKissFish platform services to infringe on the legitimate rights and interests of others or engage in other serious illegal or breach of contract activities;
(3) If you have not logged into the CatKissFish platform for 12 consecutive months;
(4) Your real-name authentication identity is invalid, no longer legally exists, or cannot be effectively verified;
(5) If the CatKissFish account name you set contains illegal or bad information, or infringes or is suspected of infringing the legitimate rights and interests of others; If you steal other people's accounts, send
(6) You have maliciously processed orders for goods and services, maliciously protected rights, and disrupted the normal trading order of the CatKissFish platform;
(7) You use this platform to conduct illegal transactions and sales, violating the relevant laws, regulations and policies of the People's Republic of China;
(8) Because you have repeatedly violated the relevant provisions of the CatKissFish platform rules and the circumstances are serious, CatKissFish cancels your account in accordance with the CatKissFish platform rules;
(9) CatKissFish platform suspends/terminates the provision of services to you in accordance with the requirements of relevant national departments/government agencies;
(10) The user account is cancelled in accordance with other provisions of this Agreement. After the CatKissFish platform cancels your account in accordance with this Agreement, you will no longer be able to log in to the CatKissFish platform with this account. If your user account is cancelled due to the circumstances stipulated in the preceding paragraph, and there is still a balance in the account, we will temporarily keep it for you and assist you in retrieving it after verifying your identity.
3.7.3 After the user account is cancelled, you will not be able to use our services, and the rights and obligations of both parties will terminate (except for those that cannot be terminated as otherwise agreed in this Agreement or cannot be terminated by their nature). At the same time, the following results may also occur:
(1) All rights and interests associated with the user account will be invalidated;
(2) If you have committed illegal, breach of contract, infringement or other improper acts or are performing a contract before canceling your user account, you shall still bear legal liability;
(3) Once the cancellation is successful, the account records, account functions, etc. will not be able to be restored or provided.
IV. Platform Services and Usage Rules
4.1 Platform Service Positioning
4.1.1 Through the platform services provided by CatKissFish, you can choose manufacturers and product baseboards provided by them for design, reach transaction intentions with manufacturers on the platform, and use other information services and technical services.
4.2 Product Selection and Design
4.2.1 You can choose manufacturers and product baseboards provided by them for design through product information published by manufacturers on the CatKissFish platform.
4.2.2 You can use the designer of the CatKissFish platform to design products. The product design function helps you create and optimize the visual design of products.
4.2.3 You can upload pictures on the platform for product design and build your own exclusive gallery. CatKissFish provides storage space for your gallery.
You agree not to submit or use images or texts containing the following:
(1) Opposing the basic principles established by the Constitution;
(2) Endangering national security, leaking state secrets, subverting state power, undermining national unity, or damaging the portraits of Chinese and state leaders, state organs, law enforcement personnel or revolutionary leaders;
(3) Damaging national honor and interests;
(4) Distorting, vilifying, blaspheming, denying the deeds and spirit of heroes and martyrs, and insulting, slandering or otherwise infringing on the names, portraits, reputations and honors of heroes and martyrs;
(5) Promoting terrorism, extremism or inciting terrorist or extremist activities;
(6) Inciting ethnic hatred and discrimination and undermining national unity;
(7) Undermining national religious policies and promoting cults and feudal superstitions;
(8) Spreading rumors and disrupting economic and social order;
(9) Spreading obscenity, pornography, gambling, violence, murder, terror, etc. or instigate crimes;
(10) insult or defame others, infringe others' reputation, privacy, portrait or other legal rights;
(11) infringe third-party intellectual property rights (including but not limited to copyright, trademark, patent, privacy or portrait), trade secrets and other proprietary rights;
(12) infringe the rights of minors, instigate crimes or any other violations of public order and good morals;
(13) be fraudulent, false, inaccurate or misleading;
(14) may constitute or encourage crimes or infringements;
(15) contain any information that discriminates against others based on race, religion, gender, sexual orientation, age, disability, ancestry or nationality;
(16) other content prohibited by laws and administrative regulations, and other content that violates the public interest or public morality or is not suitable for publication on the CatKissFish platform according to the relevant CatKissFish platform agreements, terms and rules. If you violate the representations, warranties and commitments you made in this Agreement and publish or transmit customized materials that violate the provisions of this Agreement on the CatKissFish platform, you shall bear all legal responsibilities independently in your own name and ensure that CatKissFish, agent purchasers and manufacturers are exempted from liability; and you are obliged to make every effort to take all necessary measures to cooperate with CatKissFish, agent purchasers and manufacturers to exempt and reduce losses, including but not limited to issuing written statements and witness testimonies that CatKissFish, agent purchasers and manufacturers have exercised reasonable care.
4.2.4 You confirm, declare and guarantee:
(1) You have the corresponding and legal rights to the materials you upload to the platform (including but not limited to the pictures uploaded to the gallery, the pictures designed online, etc.) or the information published on the platform; you have the right to sublicense the manufacturer designated by you to use the pictures uploaded by you, the pictures designed online and other customized materials for product printing, processing, production, etc. CatKissFish, agent purchasers and manufacturers will not make any express or implied rights guarantee for the use of the pictures uploaded by you and the pictures designed online.
(2) The customized materials such as the pictures uploaded and designed online by you, and the acts of authorizing manufacturers to use the customized materials for the production and processing of goods will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and portrait rights, etc.
(3) When the manufacturer uses your pictures to produce and process goods in accordance with the order content, it shall not be responsible for any dues, residual remuneration, money, fees or work royalties arising from any collective bargaining agreement or other agreement.
(4) There are currently no pending or potential lawsuits, claims or other legal or administrative proceedings that may directly or indirectly affect any of your customized materials or may in any way affect the manufacturer's right to use the customized materials you provide.
(5) If your images contain or incorporate any components in any way, including but not limited to design elements, fonts, clip art, sprites, vector graphics or brush tools contained in the design program, then by uploading any such images to the CatKissFish platform, you have obtained a legal and valid license to allow you to incorporate these elements into the image design you created, and to allow you to license such images to your designated manufacturer for use within the scope of the purposes agreed in this Agreement for the purposes specified in this Agreement.
(6) When you design and place orders on the CatKissFish platform, you must ensure that the clarity, integrity, resolution, etc. of the images uploaded by you to the CatKissFish platform meet the manufacturer's requirements for such products; if the images you provide fail to meet the production process requirements and cause problems with the finished product, the CatKissFish platform and the agent purchasers and manufacturers on this platform will not bear any responsibility.
4.3 Procurement Order and Payment
4.3.1 Unless otherwise required by law, the parties agree as follows: The information on goods and prices displayed on the CatKissFish platform is merely the publication of transaction information and does not constitute an offer. When you place an order, please carefully confirm the name, price, quantity, model, specification, size of the purchased goods and the name, delivery address, contact address, telephone number and other information of the consignee, and confirm the logistics service provider you choose. If the information you provide to the CatKissFish platform is inconsistent with the information of the order consignee, the consignee's behavior shall be deemed as your behavior and expression, and you shall bear joint and several liability for the legal consequences arising from the consignee's behavior and expression of intention.
4.3.2 The system automatically generates order information based on the quantity, price, consignee, contact information, delivery address, etc. of the goods you filled in when placing an order. You confirm that the order automatically generated by the system is a contract offer you issued to the agent purchaser; only when the agent purchaser receives the order information and sends the goods, it is deemed that a contract relationship has been established between you and the agent purchaser for the order goods you submitted; if you order multiple goods in one order and the agent purchaser only sends you some of the goods, you and the agent purchaser only establish a commission agency relationship for these goods.
4.3.3 Subject to the restrictions of laws and regulations, CatKissFish has the right to review your order; if any content or information in the order (such as customized materials, etc.) violates laws and regulations, this agreement and platform rules, CatKissFish has the right to cancel the order or refuse service, and all losses and liabilities caused by this shall be borne by you. If some transactions in your order do not comply with the platform rules, the CatKissFish platform has the right to cancel only some of the transaction content in your order.
4.4 Transaction Data You acknowledge that the usage records, order information, transaction amount data, etc. of the CatKissFish account shall be based on the data recorded by the CatKissFish system. If you have any objection to such data, you should raise the objection to CatKissFish within three days from the date of change of your CatKissFish account data, and provide relevant evidence for CatKissFish to verify.
4.5 Store association management
4.5.1 You can use the store association function on the CatKissFish platform to help you operate your store on other e-commerce platforms more easily. If you use this function, it is deemed that you authorize CatKissFish to associate your store account on other e-commerce platforms and allow CatKissFish to obtain various relevant information of your store.
4.5.2 You can use related services on the CatKissFish platform to help you publish products and import store orders into the CatKissFish platform to facilitate your store operation analysis and data management.
V. Logistics and After-sales
5.1 To facilitate your choice of logistics methods, the platform lists the transportation costs and transportation reference time provided by logistics carriers for you, but you should be aware that the logistics distribution service is not provided by CatKissFish, and CatKissFish does not need to bear any responsibility; the information display of transportation costs and transportation reference time provided by the platform does not represent any commitment made by CatKissFish on the aforementioned costs and time.
5.2 For more logistics service descriptions, please refer to the "Platform Logistics Description" of the CatKissFish platform and the descriptions of various logistics providers publicly displayed on the platform.
5.3 If the product you purchased has performance failures or product quality problems stipulated by national laws within the specified time, you can apply for after-sales service within 7 days after receiving the product. Refunds and corresponding freight compensation will be made after approval by the corresponding manufacturer. For details, please refer to the "Return and Exchange Policy" announced on the CatKissFish platform.
VI. Order Payment
6.1 CatKissFish platform supports the following payment methods:
(1) Online payment: If you choose online payment, please go to "My Order", click "Payment", and follow the prompts; currently online payment channels include PayPal, Stripe, LianLian, account balance and other payment methods.
(2) Offline transfer/remittance: If you choose offline transfer/remittance, please follow the prompts on the payment page to perform relevant operations. After you complete the bank transfer/remittance, please submit the transfer and remittance voucher online in a timely manner. The arrival time of offline transfer/remittance is 1-3 working days. The platform will complete the reconciliation review in a timely manner after you submit the voucher.
VII. User Information Protection and Authorization
7.1 CatKissFish attaches great importance to the protection of user personal information (i.e. information that can identify the user independently or in combination with other information). When you use the services provided by CatKissFish, we deem that you agree that CatKissFish collects, stores, uses, discloses and protects your personal information in accordance with the "Privacy Terms" published on the CatKissFish platform. CatKissFish hopes to clearly introduce to you how CatKissFish handles your personal information through the "Privacy Terms", so CatKissFish recommends that you read the "Privacy Terms" in full to help you better protect your privacy.
7.2 You agree to unconditionally grant CatKissFish the use of non-personal information you provide and publish and information generated during the transaction process.
7.3 You agree that CatKissFish has the right to notify you of platform promotions and other information through emails, text messages, phone calls, announcements, etc.
7.4 You agree that CatKissFish has the right to provide the administrative and judicial authorities with the relevant information stored when you use the CatKissFish platform within the scope of the law in order to cooperate with the administrative supervision authorities and judicial authorities in the execution of their work.
VIII. User Code of Conduct
8.1 In the process of using the services provided by CatKissFish on this platform, you declare and guarantee that you have the corresponding and legal rights to the materials you upload to the platform (including but not limited to pictures uploaded to the gallery, pictures designed online, etc.) or the information published on the platform; at the same time, you should ensure that the above materials or information do not violate the provisions of Articles 4.2.3 and 4.2.4 of this Agreement.
8.2 You shall use the online customization, transaction and other services provided by the platform in good faith and promise and guarantee:
(1) Comply with all applicable laws and regulations, including laws on anti-money laundering and anti-terrorist financing;
(2) All information and materials provided by you in connection with the use of transaction services are true, legal and accurate, and not false, deceptive or misleading;
(3) You shall not use any data on the CatKissFish platform for commercial purposes, including but not limited to using any information displayed on the CatKissFish platform in any way such as copying or disseminating without the prior written consent of the CatKissFish platform;
(4) You shall not delete, conceal or change in any way any patent, copyright, trademark or other rights of the CatKissFish platform displayed or contained on the CatKissFish platform;
(5) You shall not use the account registered on this platform for illegal profit-making business activities. 8.3 Paying taxes in accordance with the law is the obligation of every citizen and enterprise. You shall bear any taxes (such as value-added tax, tariffs, etc.) or other government charges that may be imposed on or related to the transactions under this Agreement.
4. Once the user chooses to continue to use the Catkissfish Platform services, the user shall be deemed to have accepted the revised terms and services, and in the event of a dispute between the user and the Catkissfish Platform, the latest terms of service shall prevail. Unless otherwise expressly stated, any new content that expands the scope or enhances the functionality of the Catkissfish Platform services shall be subject to these terms and conditions.
8.4 If the products you purchase on the CatKissFish platform are for export, you promise to comply with all applicable laws and regulations on import and export controls, trade restrictions and economic sanctions; and ensure that you are not subject to trade restrictions, economic sanctions or other laws and regulations imposed by any country, region or international organization. If you violate the above commitment, CatKissFish may stop providing relevant services, actively close relevant transaction orders and cancel accounts when discovering the above circumstances.
8.5 Violations
You shall not conduct the following violations, including but not limited to: malicious withdrawal of funds, batch registration, batch login, batch signing, machine cheating, false transactions, disrupting the system, carrying out network attacks, using small operator mobile phone numbers, stealing or impersonating other people's information, etc.), other behaviors that do not conform to normal purchasing habits or damage the legitimate rights and interests of CatKissFish, agent purchasers, logistics agents, other users or any third party. Otherwise, CatKissFish has the right to directly cancel your activity qualification and suspend and restrict all your CatKissFish services and other service activities (including but not limited to CatKissFish account registration, image upload, product design, order submission, etc.) from the date of discovering your above-mentioned behavior, and has the right to cancel related illegal transactions and rewards, and will pursue your legal liability if necessary.
IX. Fees
9.1 When you use CatKissFish services, CatKissFish has the right to charge you service fees. The CatKissFish platform has published the service fees of different membership versions and other value-added services on the relevant pages. You can choose the service items and pay the service fees according to your own needs.
9.2 Except for the paid services explicitly stated on the CatKissFish platform, other services provided to you by CatKissFish are free. You understand and acknowledge that CatKissFish has the right to adjust the service fee charging standards according to changes in national laws and regulations and the needs of CatKissFish platform operations.
9.3 All taxes payable by you for transactions, obtaining paid services from CatKissFish or accessing CatKissFish servers, as well as all hardware, software, communications, network services and other expenses shall be borne by you.
Ⅹ. Termination of Service and Agreement
10.1 You agree that CatKissFish has the right to terminate your account, password (or any part thereof) or your use of CatKissFish platform services after notifying you in advance in accordance with the law through website notifications, emails, short messages, etc., and reasonably handling subsequent matters.
10.2 You agree that if CatKissFish closes your account in accordance with the CatKissFish platform rules due to your violation of this Agreement, even if the membership service purchased by your account has not expired, CatKissFish still has the right to terminate the above services and will not refund the fees you have paid.
10.3 After your account is terminated, CatKissFish has no obligation to retain the electronic information in your original account or provide any unread or unsent information to you or a third party. In addition, you agree that CatKissFish will not bear any responsibility to you or any third party for terminating the provision of services to you.
10.4 You have the right to request CatKissFish to cancel your account. If CatKissFish approves your request, CatKissFish will cancel your account. At that time, the contractual relationship between you and CatKissFish based on this Agreement will be terminated.
10.5 You understand and agree that after the termination of your agreement with CatKissFish:
(1) CatKissFish has the right to continue to store any of your information;
(2) If you commit illegal acts or violate this Agreement or platform rules during the use of the service, CatKissFish may still claim rights from you in accordance with this Agreement;
(3) After the termination of this Agreement, for the transaction orders generated by you during the term of this Agreement, CatKissFish may notify the transaction counterparty and decide whether to terminate the transaction order according to the transaction counterparty's wishes; if the transaction counterparty requires continued performance, you shall continue to perform the obligations agreed in this Agreement and the transaction order for such transaction order, and bear any losses or increased expenses incurred thereby.
XI. Limitation of Liability
11.1 CatKissFish shall perform its basic security obligations in accordance with the law. However, if the contract cannot be fully performed due to the following force majeure or other third-party reasons, CatKissFish shall not bear the corresponding liability for breach of contract:
(1) Force majeure factors such as natural disasters, strikes, riots, wars, government actions, judicial administrative orders, etc.;
(2) Unauthorized use of your account or change of your data by a third party;
(3) Power supply failure, communication network failure and other public service factors or third-party factors;
(4) Routine or emergency equipment and system maintenance, equipment and system failure, network information and data security, etc.;
(5) Service interruption or delay caused by hacker attacks, technical adjustments or failures of telecommunications departments, website upgrades, banking problems, etc.;
(6) Expenses or losses incurred by purchasing or obtaining goods and services through the CatKissFish platform;
(7) Your misunderstanding of the CatKissFish platform services.
11.2 CatKissFish has the right to conduct content review (including machine review and manual review) of the content and image design you upload. If CatKissFish believes that the materials and information you upload or publish on the platform may cause CatKissFish to bear any legal or moral responsibility, or may cause CatKissFish to lose all or part of the services of Internet service providers or other suppliers, CatKissFish may decide at its sole discretion or take any action that CatKissFish deems necessary or appropriate on your materials or information at the request of the state authority, including but not limited to deleting, blocking or disconnecting the materials and information you upload and publish, freezing the funds in your account, requiring agent purchasers and logistics agents to suspend or terminate the provision of part or all of the services to you, etc.; but you should confirm that CatKissFish has no obligation to determine whether your materials and information have any infringement. If the relevant information you provide infringes upon the legitimate rights and interests of others or is held accountable by a third party, you shall bear all legal responsibilities independently in your own name; and CatKissFish has the right to cooperate with the right holder to submit relevant evidence/certificate materials at the request of the right holder, provided that the right holder provides sufficient evidence (including but not limited to proof of rights, legal documents and other relevant documents of government agencies).
11.3 You should fully understand and note that although the CatKissFish platform has established corresponding platform rules, it still cannot control or guarantee the authenticity, legality and accuracy of commodity information, the quality, safety or legality of the items involved in the transaction, and the ability of the relevant transaction parties to perform their obligations under the Agency Agreement. You should make careful judgments and assume your own responsibilities; if you find any harmful information and behavior, please contact CatKissFish in a timely manner or complain to CatKissFish.
XII. Breach of Contract and Compensation
12.1 Determination of Breach of Contract
You shall be deemed to have breached the contract if any of the following circumstances occur:
(1) You have violated any applicable laws and regulations;
(2) You have violated this Agreement (including any of the above statements and warranties) or the provisions of the Supplementary Agreement to this Agreement;
(3) You have violated any third-party rights, including but not limited to any privacy rights, portrait rights or intellectual property rights;
(4) Any claims, demands or losses caused by any pictures, customized materials or materials submitted by you on the platform;
(5) Any claims, demands or losses suffered by the agent purchaser due to accepting your commission;
(6) Any third party uses your account, password or verification code and other identity authentication information to access and use the CatKissFish platform services.
12.2 Liability for Compensation
(1) If CatKissFish suffers losses due to your actions (including direct economic losses, goodwill losses and indirect economic losses such as compensation, settlement fees, attorney fees and litigation fees paid by CatKissFish), you shall compensate CatKissFish for all losses.
(2) If CatKissFish is subject to claims by a third party due to your behavior, CatKissFish may seek compensation from you for all losses after assuming liability to the third party.
XIII. Effective Notice
13.1 Effective Contact Information When you register as a user of the CatKissFish platform and accept CatKissFish services, you should provide CatKissFish with real and effective contact information (including but not limited to email address, contact number, contact address, etc.). If the contact information changes, you are obliged to update the relevant information in a timely manner and keep it in an effective contact state. The user account generated when you register as a user of the CatKissFish platform for logging in to the CatKissFish platform to receive instant messages such as in-station letters and system messages is also your effective contact information. CatKissFish will deliver various notifications to you through one or more of the above contact methods, and the content of such notifications may have a significant positive or negative impact on your rights and obligations. Please pay attention to it in a timely manner.
13.2 Delivery of Notices
13.2.1 CatKissFish will send you notices through the contact information in Article 13.1. Written notices sent electronically, including but not limited to announcements on the CatKissFish platform, text messages sent to the contact number you provided, emails sent to the email address you provided, system messages sent to your account, and in-site messages, will be deemed to have been delivered after successful delivery; written notices sent on paper carriers will be deemed to have been delivered on the fifth natural day after the notice is mailed.
13.2.2 For any disputes arising from trading activities on the CatKissFish platform, you agree that judicial authorities (including but not limited to the People's Court) may serve you legal documents (including but not limited to litigation documents) through mobile phone text messages, emails, and other communication methods or by post. The mobile phone number, email address, and other contact information you specify to receive legal documents are the mobile phone number, email address, and other contact information you provided when registering or updating the CatKissFish platform. The judicial authorities shall be deemed to have served the legal documents by sending them to the above contact information. You agree that the judicial authorities may use one or more of the above delivery methods to deliver legal documents to you, and the delivery time shall be based on the earliest delivery of the above delivery methods. You shall ensure that the contact information provided is accurate and valid, and update it in real time. If the legal documents cannot be delivered or are not delivered in time due to incorrect or incomplete contact information provided, or if the changed contact information is not notified in time, you shall bear the legal consequences that may arise from this.
XIV. Applicable Law, Jurisdiction and Others
14.1 The laws of the Hong Kong Special Administrative Region of the People's Republic of China shall govern the validity, interpretation, modification, enforcement and dispute resolution of this Agreement; in the absence of such laws, reference shall be made to commercial or industry practices.
14.2 Unless otherwise agreed by both parties, you agree that CatKissFish has the right to transfer part or all of the rights and obligations under this Agreement due to business needs, and notify you in advance in an effective manner as agreed in this Agreement.
14.3 Any dispute arising from this Agreement or the services provided by CatKissFish platform shall be resolved through negotiation between CatKissFish and you. If the negotiation fails, either party may file a lawsuit to the people's court with jurisdiction in the place where the agreement is signed. This Agreement is signed in Hong Kong Special Administrative Region of the People's Republic of China.
14.4 CatKissFish's failure to exercise any right or provision of this Agreement does not constitute a waiver of such right. If any provision of this Agreement is ruled invalid or unenforceable, the remaining provisions of this Agreement shall still be observed and enforced.
14.5 If you believe that the content on the CatKissFish platform (including but not limited to the product information posted by platform users) infringes your legal rights, you can contact customer service: [wangqian@catkissfish.com] to file a complaint. We will handle it promptly in accordance with the relevant laws and regulations and platform rules after receiving your qualified notice.
14.6 Questions about the Terms of Service should be sent to our email [wangqian@catkissfish.com].
14.7 This Agreement shall come into force on November 14, 2024.
Company name: CAT KISS FISH TECHNOLOGY CO.,LIMITED
Company address: Room 602, 6/F, Ru Commercial Building, 2C Argyle Street, Mongkok, Kowloon
