(最新更新日期:2021年07月01日)
(Last updated on: First July, 2020)
在接受本协议之前,请您仔细阅读本协议的全部内容(特别是免除或者限制责任的条款、协议终止、违约责任、争议解决等以粗体下划线标注的条款)。您点击接受本协议即意味着您使用的融兴行账户所对应的法律实体同意受本协议约束。
Before accepting this Agreement, please read this Agreement fully and carefully (in particularly those clauses marked in bold and with underline, including provisions on exclusion or limitation of liability, termination, breach liability and dispute settlement). Once you click to accept this Agreement, it shall be deemed that the legal entity corresponding to the Rong's account you use agrees to be bound by this Agreement.
如果您对本协议的条款有疑问,您可通过融兴行客服渠道(电话:01-6234964)进行咨询,融兴行将向您解释条款内容。如您不同意本协议的任何内容或无法准确理解条款含义及解释,请不要进行后续操作。
If you have any question on any provision hereof, please raise your question through Rong's customer service at 01- and Rong's will explain to you. If you disagree with any provision hereof or are unable to accurately understand the content or explanation of any provision, please do not proceed with your operation.
本协议由同意并遵照本协议规定使用融兴行服务的法律实体(下称“会员”、“甲方”或“您”)与爱尔兰融兴行超市有限(下称“乙方”)共同缔结。
This Agreement is entered into among the legal entity that agrees with this Agreement and uses Services in accordance herewith (“Member”, “Party A” or “you”), and Ireland Rong's Wholesale Co., Ltd. (“Party B”).
本协议中双方合称协议方,乙方称“融兴行”。
In this Agreement, Party A and Party B are collectively referred to as “Parties”, and Party is referred to as “Rong's”.
一、定义(Definition)
“融兴行线上平台”指由乙方提供的电商平台网站(网址为www.353go.com)及客户端(如手机APP等)。
Rong's Platform refers to the shop and e-commerce platform for which Party B provides Internet e-commerce Service (at www.353go.com), and client portal (such as mobile applications, etc.).
“会员”指于融兴行线上平台(网站及客户端)注册的并购买商品或服务且用于消费的任何自然人或组织,亦可称为“买家” 。
Member refers to the any individual or entity that registered as the member customer on Rong's Platform (website and mobile applications, etc) which purchases commodities or services on Rong's Platform for consumption.
“规则”指所有融兴行线上平台规则频道、微信公众号、帮助中心等板块内已发布及后续发布的全部规则、实施细则、积分标准、解读、说明、公告等。
Rules refers to all rules, regulations, credit standards, interpretations, explanations, announcements, etc., published or to be published in website rules channel, Weechat subscriptions, help centers or other sections in Rong's Platform.
“服务”是指由乙方融兴行线上平台向会员提供的商品销售,信息服务及积分兑换等。本协议项下的服务均同时提供、同时终止,会员不可进行单独订购或使用。
Services refer to the Services in Relation to goods, services and Credit programme provided by Party B to Members on Rong's Platform. All services hereunder shall be provided and terminated simultaneously and the Members shall not choose to purchase or use only one of them.
“购物服务”指由融兴行线上平台为会员提供的商品/信息的服务。
E-commerce Service refers to the service provided by Party B of providing commodity/ information service on Rong's Platform for the Members.
“积分系统服务”指融兴行向会员提供的、与积分累积和兑换相关的服务。
Credit Programme Service refers to the credit programme provided by Rong's to the Members in connection with the use of credit system.
“其他服务”指融兴行向会员提供的其他服务,具体以融兴行平台不定期公告约定为准。
Other Services refers to the other services provided by Rong's to the Members, the details of which are subject to platform unscheduled announcements hereto.
“服务开通”指客户于融兴行网站完成会员信息提交、协议签署、费用缴纳(如有)后,经融兴行审查通过,并开通会员服务,完成通知的过程。
Service Activation refers to the process of Rong's, after its review, permitting the Member to registered on Rong's and use Services and notifying the Member of such permission, after the customer goes onto Rong's website, submits information, executes agreement and makes payment (if applicable) accordingly.
二、协议范围及效力(Scope of the Agreement and Term)
本协议包括协议正文及所有融兴行已发布或将来发布并依法通知会员的各类规则(可于融兴行网站和公众号“会员中心”查看,相同规则的内容如有不同,以融兴行网站显示为准)。所有融兴行公布的规则均为本协议不可分割的一部分,与本协议正文具有同等法律效力。
This Agreement comprises of the main body hereof and all Rules published or to be published by Rong's and notified to Members in accordance with laws (please refer to Rong's website and Members Center at the Wechat subscription channel. If there is any conflict between any Rules displayed at different places, those displayed in Rong's website shall prevail). All Rules published by Rong's shall constitute an integral part of, and have the same legal force and effect with the main body of, this Agreement.
为不断提升会员体验、适应法律法规要求等原因,融兴行可根据需要修改本协议,对于影响会员权利义务的变更融兴行将提前至少7天在融兴行线上平台网站公示。对本协议的修订一经生效即构成对协议方权利义务的补充,成为本协议的一部分。如您不同意相关变更,须通知融兴行,融兴行可选择终止相关变更或任一方可在变更生效前选择解约(会员可在会员后台选择主动退出)。如您在相关变更生效后仍登录或继续使用融兴行服务将表示您接受修订后的协议。除另行声明或签署协议外,融兴行线上平台任何基于提升会员体验、平台服务升级等目的所扩大的服务范围或软件功能的增强均受本协议的约束。
In order to continue to improve the Members’ experience, adapt to the laws and regulations or otherwise, Rong's may make necessary modifications to this Agreement, provided that Rong's shall make an announcement on Rong's Platform website at least 7 days in advance prior to the effectiveness of any modification that would impact the rights or obligations of the Members. Upon its effectiveness, any modification to this Agreement shall become a supplement to the rights and obligations of the Parties and constitute an integral part of this Agreement. You must notify Rong's if you disagree with any modification, in which case Rong's may terminate the relevant modification or either Party may terminate this Agreement prior to the effectiveness thereof at its own discretion (the Member may choose to terminate this Agreement voluntarily from its backend). Your continued login or use of Services after the effectiveness of any modification shall be deemed as your acceptance of this Agreement as modified. Unless otherwise stated or with a written agreement, all additions to the scope of Services and all enhancement to the services provided by Rong's Platform for the purpose of improving Members’ experience and upgrading the Services shall be subject to this Agreement.
本协议一经您或您授权的任何人点击确认即于您和融兴行之间发生法律约束力。对于本协议生效前已经开通融兴行服务的会员,本协议构成协议方之间就使用融兴行服务所达成协议的修订和补充。
Once it is confirmed by clicking by you or any person authorized by you, this Agreement shall be executed and legally binding upon both you and Rong's. For Members that have activated Services before this Agreement takes effect, this Agreement constitutes the amendment and supplement to the agreements concluded among the Parties in relation to the use of Services.
三、账户使用及信息提交(Use of Account and Information Submission)
您在使用融兴行服务的过程中须使用融兴行账户及自设密码登录融兴行网站及客户端,您应自行妥善保管融兴行账户及密码信息。因账户关联您及融兴行的商业信息并可能涉及消费者利益,未经融兴行同意,您不得向他人转让、授权他人使用或允许他人获取/使用您账户下信息,否则融兴行可终止对该融兴行账户提供服务。
In the process of using the Rong's Services, you must use the Rong's account and your own password to log in to the Rong's website or the client. You should properly keep your Rong's account and password by yourself. You may not transfer or authorize others to use or allow others to obtain/use information under your account without the consent of Rong's, as the account is associated with you and Rong's's business information and may involve consumer interests, otherwise Rong's may terminate the provision of the Services to the Rong's account.
除融兴行存在过错外,您应对您账户项下的所有行为结果(如在线签署协议、发布及披露信息等)负责。通过融兴行账户完成的行为均视为您本人行为或已获得您充分授权。
In the absence of fault of Rong's, you shall be responsible for the consequences of all actions under your account (including but not limited to on-line execution of various agreements, publishing and disclosure of information). All actions completed through your Rong's account shall be regarded as your personal actions, or having been fully authorized by you.
会员欲使用本协议下的服务,须根据注册标准、规则、融兴行页面提示等要求提交相关信息和证明文件。您了解并同意,您有义务确保您提供的信息及资料真实、合法、准确、有效,如有发生变更须及时更新。基于相关法律法规、平台管理等要求,会员同意融兴行可对会员信息和证明文件进行不定时抽查并就前述目的要求会员提交更多信息或证明文件。您了解并认可融兴行仅以大众一般认知水平对会员信息、证明文件及权限开通申请进行审查,除法律另有规定外,融兴行对会员因信赖审查结果而造成的损失不承担责任。
If the Member intends to use the Services hereunder, it must submit relevant information and supporting documents in accordance with the member registration Standards, the Rules and the instructions on the page of Rong's websites. You understand and agree that you are obliged to ensure that all information and materials provided by you are true, legal, accurate and valid, and you shall timely update the same in case of any change thereof. The Member agrees that, based on the relevant laws and regulations and the requirements of platform management, Rong's may conduct spot check on the Member’s information and supporting documents from time to time, and require the Member to submit additional information or supporting documents for the above purpose. You understand and acknowledge that Rong's is only capable of reviewing the Member’s information, supporting documents and application for granting operation authority with a knowledge level of the general public, and unless otherwise provided by laws, Rong's shall not be liable for any loss suffered by the Member due to its reliance on the result of such review.
四、服务与费用(Services and Fees)
1、关于会员积分
1. Membership card Credits
会员申请开通会员账号之后,即可享受积分权益。
Upon the approval of online membership application, the member can avail credit-related rights.
会员在消费时,按实际支付金额进行积分;某些特殊商品消费时,不再进行积分。
In purchase on Rong’s platform, Credits will be accumulated according to the actual payment amount, and there will be no point in consumption with consumption of certain items.
会员使用优惠券进行支付时,按实际支付金额进行积分。使用优惠券抵扣消费时,不再进行积分
When the member makes payment with coupons, Credits will be accumulated according to the actual payment amount. There will be no point in consumption with coupon deduction
会员在购买礼品卡时(如适用),按实际支付金额进行积分;使用礼品卡抵扣消费时,不再进行积分。
When the member purchases gift cards (if applicable), Credits will be accumulated according to the actual payment amount; there will be no point in consumption with gift card deduction.
会员积分可随时在有效期限于融兴行平台兑换当期礼品,积分兑换礼品后,则扣除账号内相应积分,会员级别不变。
The member Credits, within the validation period, can be exchanged for the currently available gifts at any time across Rong’s platform. After exchange for gifts, the corresponding Credits will be deducted and membership rating remains unchanged.
会员积分于消费当日计算,并于消费后第十个 (10) 工作日时发放到相关会员账户。积分于发放当日起18个月内有效,逾期若不兑换,系统会对相关时段内积分清零。
Member Credits will be calculated on the date of purchase, and will be issued to relevant member account on the tenth (10) date after the purchase. Credits will remain valid for 18 months from the date it is issued. If not exchanged after it is overdue, the Credits of the relevant period will be cleared by the system.
2. 积分的发放:
2.Granting of Credits
在本协议约定支付积分系统框架下,融兴行按以下方式向消费者发放积分:
Subject to Rong’s Credit System Software Service pursuant to this Agreement, Rong's may grant credits to Consumers through the following methods:
a. 以每笔订单实际收到的款项为基数,按照一定比例向买家发放积分(和/或融兴行后续提供的其他类型积分,该比例由融兴行确定标准并做出相应调整)。
Based on the payment amount actually received in respect of each purchase order, Rong's may grant Consumers Credits (and/or other types of credits subsequently provided by Rong's) at a certain percentage, the minimum of which percentage shall be determined by Rong's and may be adjusted at Rong’s own discretion;
b. 依规则中相关产品的预设积分形式向买家发放相应积分。
In accordance with the provisions of the Rules in relation to pre-determined credits of certain items/products, Rong's may grant Buyers the corresponding credits;
c. 按照活动方案或具体场景制定特殊积分的发放、使用、失效等规则(前述规则由融兴行确定并通过积分系统软件配置)并按照规则进行积分发放。
Rong's shall formulate the Rules on granting, use and forfeiture of special promotion credits based on the event plan or specific scenario (which shall be determined by Rong's and implemented through the credit system software), and grant credits pursuant to such Rules.
会员积分于消费当日计算,并于消费后第十个 (10) 工作日时发放到相关会员账户。会员仅可在积分有效后才可使用该积分的让利或兑换功能。
Member Credits will be calculated on the date of purchase, and will be issued to relevant member account on the tenth (10) date after the purchase. Member can only avail the relevant credit-related rights upon and after the validation of the credits.
3. 积分的使用:
3. Use of credits:
买家有权按照积分具备的优惠让利功能或载明的兑换额度享受积分权益,买家可按优惠兑换后的价格支付订单款项。(积分的优惠让利形式或可兑换的产品由融兴行确定,并以公示或其他合理方式提前通知您)。
The Buyer shall be entitled to the credit related rights according to the exchange of gifts associated with credits or the specified discount percentage, and the Buyer may pay the amount of a purchase order at the discounted price. (The exchangeable gifts or forms of discount shall be determined by Rong's and notified to you in advance through an announcement or other reasonable methods).
您不得与您的关联利益体(指与您存在利害关系或从属、股权等经济关系的企业或个人,包括但不限于与会员法定代表人和负责人有亲属关系等)以获取积分活动费用为目的而进行交易(以下合称“违规交易”)。若融兴行根据您的相关交易情况等相关证据合理判断您存在上述违规交易的,融兴行可停止您所涉账户的积分活动并追回已支付的全部积分相关费用,且融兴行会视您的违规情况选择是否追诉相关法律。
You shall not conduct transaction with any associated party (enterprise or individual having associated interests or economic relationship (e.g., ownership or shareholding right) with you, including without limitation relatives of the legal representative or person-in-charge of the Member) for the purpose of obtaining credit promotion fee (“Illegal Transaction”). If, based on your relevant transactions and other evidence, Rong's reasonably believes that you have conducted such Illegal Transaction, Rong's may stop credit-related rights of yours associated accounts, and recover all the credit or relevant fees already paid to you, and may determine based on your Illegal Transaction whether to pursuit legal actions。
五、服务的开通和期限(Service Activation and Service Term)
(一)会员服务将在以下条件均满足后的七个(7)个工作日内开通:
Member service shall be activated within seven (7) working days after all the following conditions are met:
1、您向融兴行提交信息后经融兴行审查通过;
You meet and pass the review by Rong's after submission of your member application information to Rong's;
2、您与融兴行以在线点击确认的方式签订本协议及《融兴行会员服务条款》;
You sign this Agreement and the Rong's Member Service Terms with Rong's by clicking online the button of confirmation;
3、您在融兴行平台完成第一笔消费,消费金额划扣至融兴行账户;
Your first online purchase has been successfully completed and relevant payment has been debited to Rong's’s account;
4、融兴行已向您发出服务开通通知。
Rong's has delivered to you a notice of Service Activation.
(二)会员服务期自服务实际开通日起算,至2021年12月31日终止。
The service term shall commence as of the date of actual Service Activation and end on December 31, 2021.
服务期届满后,若不存在本协议所约定的协议终止情形,且融兴行未要求您须就与融兴行继续合作另行签署协议,同时您须满足融兴行所公示的次年服务开通相关条件的,会员服务期可自动续展至次年12月31日,依此类推。
Upon expiration of the service term, unless in any circumstance under which this Agreement shall be terminated as set out herein, if Rong's never requires you to sign a separate agreement in respect of continuing your cooperation with Rong's, and if you satisfy the relevant conditions for Service Activation of the subsequent year as announced by Rong's, the service term may be automatically extended to December 31 of subsequent year.
六、保密(Confidentiality)
本协议所称商业秘密包括本协议、任何补充协议所述内容及在合作过程中涉及的其他秘密信息。任一方未经商业秘密提供方同意,均不得将秘密信息向任何第三方披露、传播、编辑或展示。协议方承诺在本协议终止后的三年内仍承担此条款下的保密义务。因对方书面同意及国家行政、司法强制行为而披露商业秘密的或商业秘密已为公众所知悉的,披露方不承担责任。
Trade secret referred to herein shall include the content of this Agreement and any supplementary agreement, and other confidential information involved in the cooperation process. Without the consent of the Party providing the trade secret, none of the Parties shall disclose, distribute, edit or display confidential information to any third party. The Parties hereto undertake to be bound by the confidentiality obligations set forth in this clause until three years after the termination hereof. The disclosing Party will not be liable for disclosure of trade secret if the disclosure is agreed by the relevant Party in written form or is due to the mandatory requirement of the administrative or judicial authority or if such trade secret has entered the public domain at the time of disclosure.
七、有限责任(Limited Liability)
(一)融兴行服务按“现状”和“可得到”的状态提供。您在确认接受本协议并开通融兴行服务前已充分了解融兴行线上平台的功能和服务特性并同意融兴行无须就已存在的服务瑕疵、功能不足或任何需改进事项对您承担除法律有明确规定外的责任。
Rong's Services will be provided “as is” and “as available”. You have fully understood the functions and Services features of Rong's Platform before your acceptance of this Agreement and activation of Rong's Services, and agree that Rong's will not be liable to you for any existing software defect, functional inadequacy or any issues that needs improvement, unless otherwise expressly provided for in laws.
(二)融兴行依法履行基础保障义务,但对于Internet连接故障、计算机系统故障、通讯故障、电力故障、电脑病毒、黑客入侵、罢工、劳动争议、暴乱、起义、骚乱、火灾、洪水、风暴、爆炸、战争等不可抗力事件或第三方原因而造成的不能服务或延迟服务,融兴行并不承担法律明确规定外的责任。
Rong's will perform the basic obligations of safeguarding your use of Rong's according to laws, provided, however, that Rong's will not be liable for any failure of or delay in providing Services owing to Internet connection failure, computer system failure, communication failure, power shortage, computer virus, hacker's attack, strike, labor dispute, rebellion, insurrection, riot, fire, flood, storm, explosion, war and other force majeure events or reasons attributable to third parties, unless otherwise expressly stipulated in laws.
八、协议的终止(Termination)
(一)自然终止:除协议方另有约定外,本协议履行完毕,则本协议将同时终止。
Automatic termination: If this Agreement is completely performed, then this Agreement terminates simultaneously.
(二)通知解除:本协议任何一方均可提前三十(30)天以书面通知的方式终止本协议。
Termination by notice: Either Party hereto may terminate this Agreement by giving a thirty (30) days’ prior written notice.
(三)发生下述情形时,除协议方另有约定外,本协议将自动解除:
Unless otherwise agreed by the Parties, this Agreement shall automatically terminate:
1、会员存在违反本协议的情形,并依据本协议约定达到须被终止合作的程度;
If the Member breaches this Agreement to the extent that the cooperation must be terminated as agreed herein;
2、会员丧失主体资格(如本人离开爱尔兰);
If the Member loses its qualification as a legal entity (e.g., not reside in Ireland); or
3、会员在超过一百八十天(180)天的时间内未以融兴行服务账户及密码登录融兴行的。
If the Member fails to log in to Rong's with Rong's service account and password for more than one hundred and eighty (180) days.
(四) 协议终止后有关事项的处理:
Upon the termination hereof, the relevant matters shall be handled as follows:
1、协议终止后,融兴行没有义务为会员保留会员账户中或与之相关的任何信息,或转发任何未曾阅读或发送的信息给会员或第三方,除法律另有规定外,亦不就终止本协议而对会员或任何第三者承担任何责任;在本协议终止前因会员行为所导致的赔偿和责任须由会员完全且独立地承担;
After termination of this Agreement, Rong's is not obliged to keep any information in or relating to the Member's account for the Member, or forward any information that is not read or sent to the Member or third parties, and Rong's will not be liable to the Member or any third party in respect of such termination, unless otherwise provided for by the laws. Any compensation and liability caused by the Member's act before such termination shall be fully and solely assumed by the Member;
2、协议终止后,融兴行有权保留会员的注册数据及交易行为记录。
Rong's has the right to retain the Member’s registration data and transaction behavior record after the termination hereof.
九、有效通知(Valid Notice)
(一)有效联系方式(Valid Contact Information)
您在注册融兴行时须提供真实有效的联系方式,若有发生变更的,您须及时更新。
You must provide true and valid contact information at your registration at Rong's and timely update the same in case of any changes.
(二)通知的送达(Delivery of Notices)
本协议下您对融兴行的通知应以书面形式递交、以融兴行客户部(爱尔兰都柏林市1区Parnell St 157号,融兴行客户部收)收讫为准。
Any notice sent by you to Rong's hereunder shall be in writing and subject to the receipt by Rong's Customer Service Division (Customer Service Division, Rong’s, 157 Parnell St., Dublin 1, Ireland).
融兴行通过您向融兴行提供的有效联系方式,以电子的方式,如电子邮件或者短信,向您发出的书面通知,在发送成功后即视为送达。
When Rong's sends you notices using the valid contact information provided by you to Rong's, any written notice sent will be deemed delivered once sent successfully if it is sent to you via electronic means such as email or text message.
十、争议解决及其他(Dispute Resolution and Others)
本协议之解释与适用,以及与本协议有关的争议,均应依照爱尔兰共和国法律。鉴于协议方于融兴行线上平台履行服务协议,因此协议方认可服务协议履行地为融兴行线上平台经营地都柏林市区,并一致同意由本协议引起的及与本协议有关的争议,以协议履行地有管辖权的地区法院为第一审管辖法院。
The interpretation and application of and any dispute in connection with this Agreement shall be governed by the laws of Republic of Ireland. As this Agreement is performed on Rong's Platform, the Parties hereto acknowledge that it shall be deemed that this Agreement is performed in Metropolitan Dublin, where Rong's Platform is operated, and agree that the court with jurisdiction at such place shall be the competent court for the first instance in case of any dispute arising from or in connection with this Agreement.
如本协议的任何条款被视作无效或无法执行,则上述无效或无法执行条款可被分离且不影响本协议其余条款的有效性及可执行性。
If any provision hereof is found invalid or unenforceable, such invalid or unenforceable provision shall be severable, and the remaining provisions shall still have legal force and enforceability.
本协议英文仅供参考,中英文版本不一致者,以中文为准。
This Agreement is made in both Chinese and English languages, in case of any discrepancy between the Chinese version and English version, Chinese version shall prevail.
