NIU’s Terms and Conditions
This document is a legally binding agreement between a NIU website user (hereinafter referred to as “you”, “your”, “customer”, “member” or “user”) and various entities of the NIU website as defined below. (hereinafter referred to as “we”, “our”, “us” or “NIU”)
Special definitions are required for the NIU Sites entity with which you enter into this Agreement.
If you are from the UK, you enter into a contract with Henan Xiangningyuan Trading Co., Ltd. (incorporated in China, company registration number: 91410100MA45A4QC88). If you are from another country but wish to ship your product to the UK, you can sign a contract with the companies mentioned above.
If you are from an EU country, you sign a contract with Henan Xiangningyuan Trading Co., Ltd. (incorporated in China, company registration number: 91410100MA45A4QC88). If you are from another country but wish to ship products to EU countries, you can contract with the companies mentioned above.
If you are from outside the UK and EU countries, you will be contracting with Henan Xiangningyuan Trading Co., Ltd.
The above companies are defined as NIU Sites entities that will provide you with the sale of products and related transaction services.
Please read these terms and conditions carefully!
I. APPLICATION AND ACCEPTANCE OF THE TERMS
1.2 According to laws and regulations, you must be at least 16 years old. If your country’s national law requires full civil capacity to be at least 16 years old, you should have reached the required age. If you register as a user on this site, NIU will acquiesce you as a person with full capacity for civil conduct.
1.3 You acknowledge and agree that NIU may revise any of the terms at any time by posting the relevant revised and restated terms on the website. By continuing to use the service or website, you agree that the modified terms will apply to you.
1.4 If NIU has published or made available a translation of the Terms in English, you agree that the translation is provided for convenience only and that the English version will apply to your use of the Services or the Website.
1.5 You may be required to enter into a separate agreement (whether online or offline) with NIU or our affiliates for any services (“Additional Agreement”). In the event of any conflict or inconsistency between the Terms and the Additional Agreement, the Additional Agreement will take precedence over the Terms only in relation to the relevant Service.
1.6 The Terms may not be otherwise modified except with the written consent of an authorized NIU officer.
2. Provide services
2.1 You must be registered as a member on the website to access and use certain services. In addition, NIU reserves the right, without prior notice, to restrict access to or use of certain Services (or any functionality within the Services) to paying users or to other conditions imposed at NIU’s sole discretion.
2.2 All services are provided by NIU’s affiliates on behalf of NIU.
2.3 The Services (or any functionality within the Services) may vary by region and country. There is no warranty or representation that a particular service or its features or functions or services of the same type and scope or its features and functions will be available to users. NIU may, in its sole discretion, restrict, deny or create different levels of access to and use of any Service (or any functionality within the Service) for different users.
2.4 NIU may start, change, upgrade, impose conditions, suspend or stop any service (or any feature in the service) without prior notice, but in the case of paid services, such changes will not be material to payment adversely affect the user’s enjoyment of the service.
3. General users
3.1 As a condition of your access to and use of the Website or Services, you agree to comply with all applicable laws and regulations while using the Website or Services.
3.2 You agree to use the Site or Services only for your own private and internal purposes. you agree
(a) You will not copy, reproduce, download, republish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sounds, directories, files, databases or lists, etc., or through the Website (“Site Content”), and
(b) You may not copy, reproduce, download, compile or otherwise use any Site Content to conduct a business that competes with NIU, or otherwise commercially exploit the Site Content. Retrieving the Site Content from the Site’s systems to create or compile collections, compilations, databases, or directories, directly or indirectly (whether by robots, spiders, automated devices, or manual processes) is prohibited without the written permission of NIU. Use of any content or material on the website for any purpose not expressly permitted by these Terms is prohibited.
3.4 NIU may allow users to access content, products or services provided by third parties through hyperlinks (in text links, banners, channels or otherwise), APIs or otherwise. You are reminded to read the terms and conditions and/or privacy policies of such websites before using this website. You acknowledge that NIU has no control over the websites of such third parties, does not monitor such websites and accepts no responsibility or liability for such websites or any person for any content, products or services offered on such websites.
3.5 You agree not to take any action to undermine the integrity of, nor to gain unauthorized access to, the computer systems or networks of NIU and/or any other user.
3.6 You agree not to take any action that may undermine the integrity of NIU’s feedback system, such as using a secondary member ID or leaving positive feedback for yourself through a third party, or unverified negative feedback for other users.
3.7 By posting or displaying any information, content or material on the Site (“User Content”) or by providing any User Content to Niuebike.com or our representatives, you grant an irrevocable, perpetual, worldwide, royalty-free and ownership interest to Niuebike.com License to sublicense (through multiple layers) to display, transmit, distribute, reproduce, publish, reproduce, adapt, modify, translate, create derivative works of, such as use as product descriptions on Niuebike.com, outside of NIU Advertise.com and in any form, media or technology in any way and in any way that may benefit the operation of the site, the provision of any services and/or the business of users. You acknowledge and warrant to NIU that you have all the rights, powers and authority necessary to grant the above license.
4. Member Account
4.1 Users must register on the website to access or use certain services.
Unless approved by the NIU, a user can only register for one membership account on the site. If NIU has reason to suspect that the user registers or controls two or more member accounts at the same time, NIU may cancel or terminate the user’s member account. In addition, NIU may reject a user’s application for registration for any reason.
4.2 After registration on the website, NIU shall assign each registered user an account and issue a member ID and password (the latter shall be chosen by the registered user at the time of registration). An account may have a web-based email account with limited storage for members to send or receive email.
4.3 A set of member IDs and passwords are unique to a single account. Each member shall be solely responsible for maintaining the confidentiality and security of your member ID and password and all activities that occur under your account. No member may share, assign or allow anyone other than the member’s own business entity to use your member account, ID or password. Member agrees to notify NIU immediately if you become aware of any unauthorized use of your password or your account or any other breach of the security of your account.
4.4 Members agree to all activities that take place under your account (including but not limited to posting any company or product information, clicking to accept any additional agreements or rules, subscribing or paying for any service, using your email account to send emails or send SMS) will be deemed to have been authorized by the member.
4.5 Member acknowledges that sharing your account with others, or allowing multiple users outside of your business entity to use your account (collectively, “multiple uses”), may cause irreparable damage to NIU or other users of the website. damage. Members shall indemnify NIU, our affiliates, directors, employees, agents and representatives for any loss or damage (including, without limitation, lost profits) arising out of repeated use of your account. The member also agrees that if your account is used multiple times or the member fails to maintain the security of your account, NIU shall not be liable for any loss or damage caused thereby, and has the right to suspend or terminate the member’s account without any liability to the member.
5. Member’s Responsibilities
5.1 Each Member represents, warrants and agrees that they have full authority and authority to accept the terms of this Agreement.
5.2 As part of the member account registration process on the website, members will be asked to provide information or materials about your entity. Each Member represents, warrants and agrees that:
(a) such information and materials, whether submitted during the registration process or thereafter throughout continued use of the Site or Services, are true, accurate, current and complete, and
(b) You will maintain and promptly revise all information and materials to keep them true, accurate, current and complete.
5.4 Each Member represents, warrants and agrees that any User Content they submit, post or display does not infringe or violate any copyright, patent, trademark, trade name, trade secret or any other personal or proprietary right of any third party (“Section “Section 1.1″). Third Party Rights”).
5.5 Each Member further represents, warrants and agrees that the User Content you submit, post or display shall:
(a) true, accurate, complete and lawful;
(b) is not false, misleading or deceptive;
(c) does not contain information that is defamatory, defamatory, threatening or harassing, obscene, objectionable, offensive, pornographic or harmful to minors;
(d) does not contain information that is discriminatory or promotes discrimination based on race, gender, religion, national origin, disability, sexual orientation or age;
(e) does not contain any direct or indirect link to any other website containing any content that may violate these Terms.
5.6 Each Member further represents, warrants and agrees that you shall:
(a) conduct your activities on the website in compliance with any applicable laws and regulations;
(b) conduct your activities in accordance with the Terms and any applicable Additional Agreements;
(c) not use the Services or the Website to deceive any person or entity;
(d) not impersonate any person or entity or misrepresent yourself or your relationship with any person or entity;
(e) not engage in spam or phishing;
(f) not engage in any other illegal activity (including but not limited to activities that may constitute a criminal offense, give rise to civil liability, etc.) or encourage or abet any illegal activity;
(g) does not involve attempts to reproduce, reproduce, exploit or expropriate NIU’s various proprietary directories, databases and listings;
(h) does not involve any computer virus or other destructive device and code capable of destroying, interfering with, intercepting or encroaching on any software or hardware system, data or personal information;
(i) not be involved in any scheme to compromise the integrity of data, systems or networks used by NIU and/or any user of the Site, or to have unauthorized access to such data, systems or networks;
(j) not engage in any activity that could give rise to any liability to NIU or our affiliates.
5.7 Members shall not use the service and member account information to engage in the same or similar activities as NIU’s e-commerce business.
5.8 The Member agrees to provide all necessary information, materials and approvals and to provide all reasonable assistance and cooperation necessary for NIU to provide services, assess whether the Member has violated the Terms and/or handle any complaints against the Member. If a member’s failure to do so results in a delay, suspension or termination of the provision of any service, NIU shall have no obligation to extend the relevant service period and shall not be liable for any loss or damage caused by such delay, suspension or termination. termination.
5.9 Member acknowledges and agrees that NIU is not required to actively monitor or exercise any editorial control over the content of any message or material or information created, obtained or accessed through the Services or the Website. NIU does not endorse, verify or otherwise certify the content of any comments or other materials or information submitted by any member. Each member is solely responsible for the content of its communications and may be legally responsible or liable for the content of its comments or other materials or information.
6. Member violations
6.1 NIU reserves the right, in its sole discretion, to remove, modify or reject any User Content that you submit, post or display on the Site if we reasonably believe that such content is unlawful, violates these Terms, may cause NIU or our affiliates liable, or otherwise inappropriate in the opinion of the NIU.
6.2 If any member violates any terms or NIU has reasonable grounds to believe that any member violates any terms, NIU has the right to impose a fine on the member, or suspend or terminate the member’s account or subscribe to any service for which the member is not responsible. NIU also reserves the right to restrict, deny or prohibit any and all current or future use of any other services that NIU may provide. Penalties that NIU may impose include warnings, removing any product listings or other User Content submitted, posted or displayed by a Member, limiting the number of product listings a Member may post or display, or imposing restrictions on a Member’s use of any Services for such period of time as NIU determines in its sole discretion any feature or function.
6.3 Without limiting the generality of the provisions of this clause, if a member has one of the following circumstances, it will be regarded as a breach of this clause:
(a) NIU has reasonable grounds to suspect that the Member used a stolen credit card or other false or misleading information in any transaction with a counterparty,
(b) NIU has reasonable grounds to suspect that any information provided by the Member is not current or incomplete, or is untrue, inaccurate or misleading, or
(c) NIU believes that the member’s actions may cause financial loss or legal liability to NIU or our affiliates or any other users.
6.4 NIU reserves the right to fully cooperate with government authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. In addition, NIU may disclose a member’s identity and contact information when requested by a government or law enforcement agency, an aggrieved third party, or as a result of a subpoena or other legal action. NIU shall not be liable for damages or results of such disclosures, and Members agree not to bring any action or claim against NIU with respect to such disclosures.
6.5 If a member violates the terms, NIU also reserves the right to post a record of such violation on the website. NIU also reserves the right to disclose records of such violations to our affiliates if such violations involve or are reasonably suspected to involve dishonest or fraudulent activity. Such NIU Affiliates may restrict, suspend or terminate Members’ use of all or part of the services provided to Members by such NIU Affiliates, take other remedies, and post on websites operated or controlled by such NIU Affiliates regarding Member’s violations. records of these terms.
6.6 If NIU has received notice of a member’s breach of any agreement or commitment, NIU may at our reasonable discretion restrict, suspend or terminate the member’s use of any service or website at any time without liability to the member and any affiliates of NIU , and such violations involve or are reasonably suspected of involving dishonest or fraudulent activity. NIU reserves the right to publish records of such violations on the website. NIU is not required to investigate such violations or ask for confirmation from members.
6.7 Each Member agrees to indemnify and hold harmless NIU, our affiliates, directors, employees, agents and representatives from any and all damages, losses, claims and liabilities (including full indemnification of legal costs) that may arise from you ) submit, post or display any User Content as a result of your use of the Site or Services or your violation of the Terms.
6.8 Each Member further agrees that NIU is not responsible for, and will not be responsible for, any User Content or other material (including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illegal material) transmitted through the Site. You or any other person assumes no responsibility and the risk of damage to such material rests solely with each member. Niuebike.com reserves the right, at its own expense, to exercise the exclusive defense and control of any matter requiring Member indemnification, in which case Member shall cooperate with NIU in asserting any available defense.
7. TRANSACTIONS BETWEEN CUSTOMER AND NIU
7.1 Client agrees to provide all information and materials that NIU may reasonably request in connection with placing an order on Niuebike.com. NIU reserves the right to suspend or terminate any customer account if the customer fails to provide required information and materials or provides inaccurate or fraudulent information.
7.2 Each user agrees that NIU shall not be liable for any damages, claims, liabilities, costs, damages, inconveniences, business interruptions or expenses that may arise from or in connection with the use or storage of any product. Buy from Niuebike.com.
7.3 NIU will maintain all applicable PCI DSS standards and protect all data provided by cardholders.
7.4 We will bear the risks and responsibilities during the transportation of the goods. In some cases, these responsibilities and risks are transferred to the express logistics service provider. After you sign for the goods, the risk of loss of the goods will pass to you.
8. Limitation of Liability
8.1 To the fullest extent permitted by law, the services provided by NIU on or through the website are provided “as is”, “as available” and “with all defects”, and NIU hereby expressly disclaims any and all warranties, express or implied, including without limitation, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions and undertakings are hereby excluded.
8.2 To the fullest extent permitted by law, NIU makes no representations or warranties as to the validity, accuracy, correctness, reliability, quality, stability, completeness or up-to-dateness of any information provided on or through the website; NIUEBIKE .COM does not represent or warrant that the manufacture, import, export, distribution, offering, display, purchase, sale and/or use of products or services offered or displayed on the Site will not infringe any third party rights; No representations or warranties of any kind are made with respect to any product or service.
8.3 Any material downloaded or otherwise obtained through this website is done at each user’s own discretion and risk, and each user is solely responsible for any damage to NIU’s computer systems or loss of data that may result from downloading any such material. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY ANY USER FROM NIU OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
8.4 Each User hereby further agrees to indemnify NIU, our affiliates, directors, officers and employees from any and all losses, damages, claims, liabilities (including legal indemnification in full) that may arise directly or indirectly fees), due to any claims made by third party rights claimants or other third parties with respect to products offered or displayed on the Site. Each user hereby further agrees that NIU is not responsible for any material posted by others; including defamatory, offensive or illegal material, and that the risk of damage caused by such material is solely with each user. NIU reserves the right, at its own expense, to exercise the exclusive defense and control of any matter otherwise indemnified by you, in which case you shall cooperate with NIU in asserting any available defenses.
8.5 NIU shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages (including, without limitation, damages for lost profits or savings, business interruption, loss of information), whether any other damages in contract, negligence, tort, equity or otherwise or from any of the following.
(a) use or inability to use the Site or Services;
(b) any defect in goods, samples, data, information or services purchased or obtained from the User or any other third party through the Site;
(c) unauthorized access by third parties to any user’s data or private information;
(d) the statements or conduct of any user of the Site; or;
(e) any matter related to the Services, including negligence.
8.6 Notwithstanding any of the foregoing, the total liability of NIU, our employees, agents, affiliates, representatives or anyone acting on our behalf for each user for all claims arising out of the use of the website or services in any calendar year shall be only Limited to the greater of (a) the amount of fees paid by the user to NIU or our affiliates during the calendar year and (b) HK$1,000. The preceding sentence does not exclude the user’s requirement to prove actual damages. All claims arising out of the use of the Site or Services must be brought within one (1) year from the date the cause of action arose.
8.7 The limitations and exclusions of liability to you under these Terms shall apply to the fullest extent permitted by law and shall apply regardless of whether NIU has been advised or should have been aware of the possibility of any such damages.
9. Force Majeure
9.1 In no event shall NIU be liable for any action, force or cause beyond our reasonable control (including but not limited to internet failure, computer, telecommunications or any other equipment failure, power failure, strikes, industrial disputes, riots, rebellions , civil strife, labor or material shortage, fire, flood, storm, explosion, force majeure, war, government action, domestic order or non-performance by a foreign court or tribunal or third party.
10. Intellectual Property
10.1 NIU is the sole owner or legal licensee of all rights and interests in the Site and Site Content. The Site and Site Content contain trade secrets and other intellectual property protected by copyright and other laws around the world. All title, title and intellectual property rights in the Site and Site Content are owned by NIU, our affiliates or the licensors of the Sitse Content, as the case may be. All rights not otherwise asserted under the Terms or NIU are hereby reserved.
10.2 “NIUEBIKE.COM” and related icons and logos are registered trademarks or trademarks or service marks of NIU,
10.3 NIU may have independent third parties involved in providing services (eg, authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third party without the prior written approval of such third party.
11.1 All legal notices or demands given to or to the User shall be effective whether delivered in person, by courier, registered post, facsimile or e-mail to the last known communication, facsimile or e-mail provided to the NIU by the User address, or by posting such notices or requirements in a freely publicly accessible area of the website. A notification to a user shall be deemed to be received by the user if and when.
(a) the NIU can demonstrate that a communication in physical or electronic form has been sent to the user, or
(b) NIU immediately publishes such notices on a freely publicly accessible area of the website.
11.2 You agree that all agreements, notices, requests, disclosures and other communications that NIU sends to you electronically satisfy the legal requirement that such communications be in writing.
12. General provisions
12.1 Subject to any additional agreement, these Terms constitute the entire agreement between you and NIU with respect to and govern your use of the Site and Services, and supersede any prior agreement, written or oral, relating to the same subject matter herein.
12.2 NIU and you are independent contractors and these Terms do not intend or create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship.
12.3 If any provision of these Terms is found to be invalid or unenforceable, that provision shall be deleted and the remaining provisions shall remain valid and enforced.
12.4 Headings are for informational purposes only and in no way define, limit, interpret or describe the scope or extent of the section.
12.5 NIU’s failure to enforce any right or inaction with respect to any breach by you under these Terms shall not constitute a waiver of that right, nor shall it constitute a waiver of NIU’s rights for subsequent or similar breaches.
12.6 NIU reserves the right to assign the Terms (including all our rights, titles, interests, interests and obligations and obligations in the Terms) to any person or entity (including any affiliate of NIU). You may not assign the Terms, in whole or in part, to any person or entity.
12.7 These Terms and Conditions shall be governed by the laws of UK without regard to its conflict of laws provisions. For all European transactions, Cyllar Co Ltd provides operational payment support. For all other transactions, the different NIU Sites entities are independently responsible parties.
If you have any questions, please click here to contact us.
Beijing Niudian Technology Co., Ltd.
Registered office address: No. 38, Baizhuang Community, Tongtai Road, Zhengdong New District, Zhengzhou City, Henan Province, China