BESTCEM User Registration Service Agreement
Welcome to use BestCEM Services
BestCEM (https://www.bestcem.com) is a service platform (the “Platform”) independently developed and legally owned by Suzhou Zhongyan Network Technology Co., Ltd. (the “Company” or we). This Agreement is intended to govern the relationship between the Company and the user of the Platform (or you). Please carefully read and fully understand this Agreement, especially the terms or sentences in bold, and confirm if you acknowledge and agree to all of the terms and conditions of this Agreement and follow the instructions on the page to complete the registration process. You agree to this Agreement by clicking on the “I accept” or other button indicating your acceptance. If you do not agree to any of the terms of this Agreement, you may cease your registration and leave the site.
Any change to this Agreement will be announced on the BestCEM’s website in advance. If you do not agree to the amendment, you may deregister, stop login or cease using the services. Your continuous login or use of the services shall be regarded as your acceptance of all the amended terms and conditions hereto. Any dispute arising herefrom shall be subject to the latest terms of this Agreement.
When you register with the Platform, please carefully confirm the following matters:
1.1 you are a legal citizen holding a valid identity certificate of the People’s Republic of China, or a legal person with a valid business license and/or a representative duly authorized by the legal person;
1.2 you have full civil capacity and have the ability to independently assume relevant liabilities;
1.3 you have a legally valid email address or cell phone number that can receive email or SMS from us;
1.4 you may only register one account with the Platform, which may be used only after real-name authentication;
1.5 you shall ensure that the information and materials you rendered are true, accurate and complete, and keep your profile updated, otherwise we shall have the right to suspend or terminate your account and delete your information, and cease to provide you with the services;
1.6 after the registration, you will get all the authorities of the registered account;
you have known and acknowledged that, in the use of the registered account, if the authentication data of the user (the enterprise or natural person, the same hereinafter) is not consistent with that of the applicant, the Platform shall have the right to determine the party who has the right to use the account in the following order:
1.6.1 the party with which we sign the Service Agreement;
1.6.2 the name of the purchaser on the latest/recent VAT invoice issued;
1.6.3 the name of the account for payment of the service fee;
1.6.4 the verification cell phone number to which the account is linked;
1.6.5 the information submitted during the latest/recent real name verification; and
1.6.6 any other information to prove that you have all the right to use the account.
You are aware and acknowledge that all usage rights of the account, once replaced, will not be invalidated due to the expiration of the service you purchased or downgraded to the basic version. In the event of any change to the data under your account name, a certificate of ownership proving the use right of the account affixed with official seal shall be provided for enterprise or institution user, or a certificate of ownership after real name authentication for a natural person.
1.7 The relationship between you and us is solely for the purpose of purchasing and providing the services. This Agreement is not intended to form or create any agency, partnership, joint venture, hire and hire, or franchise-granting and franchisee relationship.
1.8 This Agreement supersedes any prior written or oral agreement between you and us.
2. Username & Password
2.1 In the process of registration, you will select your own username and password for your account. Please keep your password safe to ensure the security of your account. Any operation or instruction you make with your account and password is considered to be made by you. If your account and password are used fraudulently, misappropriated or illegally due to your own reasons, you will bear the risks and losses caused by such use.
2.2 You will be responsible for all activities under your registered account name. You may not give, borrow, rent, transfer or sell your account, or otherwise license your account to anyone other than the initial applicant for registration, without the permission of the Platform. If you become aware of any unauthorized use of your account and password, or any other violation of the rules, you may immediately contact our customer service.
2.3 The account name you registered with the Platform shall not:
2.3.1 violate the Constitution or the provisions of laws and regulations;
2.3.2 endanger national security, leak state secrets, subvert state power, and undermine national unity;
2.3.3 cause damages to national honor and interests, and the public interest;
2.3.4 incite ethnic hatred, ethnic discrimination, and undermine national unity;
2.3.5 undermine national religious policies, promote evil cults and feudal superstitions;
2.3.6 spread rumors, disturb social order and destabilize society;
2.3.7 spread obscenity, pornography, gambling, violence, murder, terror or abet crime;
2.3.8 insult or slander others, infringe on the legitimate rights and interests of others; and
2.3.9 contain other contents prohibited by laws and administrative regulations.
If your registered account is found to have the above-mentioned circumstances or inappropriate name, we reserve the right to cancel your account, and you will be responsible for the corresponding consequences.
2.4 You have the right to terminate the use of the service at any time and cancel your account in accordance with the provision of the Platform. After the cancellation, you will not be able to use the service, and the rights and obligations between you and us will be terminated, and:
2.4.1 if you have a breach of contract, infringement and other misconduct or incomplete contract before the cancellation, you shall bear the corresponding responsibility; and
2.4.2 once the account has been successfully cancelled, the records and functions thereof will not be restored nor provided.
3. Services and Fees
3.1.1 “Services” refer to the software and technical services we provide to you through the Platform for the design, distribution and collection of questionnaires, data management and self-service analysis, as well as data-based alerting and work tracking, and we reserve the right to change or discontinue some or all of the Services without written notice and only by posting them on the Platform.
3.1.2 We will try our best to make your use of the Services as convenient and smooth as possible; however, technical problems and difficulties are unpredictable and may result in loss of data or interruption of the Services. In this regard, you understand and agree that your use of the Services is at your sole risk. The Services shall be provided on an “as is” and “as available” basis, and we do not make any warranty of any kind regarding the stability, timeliness, security, and accuracy of the Services.
3.1.3 We only provide software and technical services, and we do not make any warranty for the following risks, which shall be all borne by yourself: (1) the system may be interrupted or generate errors due to network or other reasons; (2) the results of the questionnaire may not accurately reflect the real situation or even deviate from it; (3) the quality of any third party products, services, information or other materials purchased or obtained by you through the Services may not meet your expectations; (4) there may be risks associated with any materials you download or otherwise obtain; (5) there may be risks associated with the security of any third-party websites to which you link through the Services; and (6) other risks, including business risks, that are unrelated to the software technology services we provide.
3.1.4 You understand and acknowledge that the disclosure level of the data you store on our servers is entirely set by you, that we will not change the settings without your prior permission, and that we will not disclose to any third party any information that you have set to be withheld from the public without your permission.
3.2.1 In addition to the free services provided by the Platform, we also provide you with paid products and/or services. The charges will be determined independently by us based on our operating costs, strategies and other comprehensive considerations (adjustments include but are not limited to promotions, price increases, etc.), and will be displayed to you in relevant product and/or service promotions, and the payment page; the charging method shall be subject to that we accept when you purchase and renew the Services; the price of relevant products and/or services shall be subject to that announced on the Platform then in force (unless otherwise agreed between you and us), and you shall be deemed to be aware of and agree to the changed charging method and standard if you choose to purchase or renew the Services after the change. If you have not purchased any paid products and/or services, this will not affect your use of the free products and/or services on the Platform.
3.2.2 Paid products and/or services on the Platform are online technical services, which are provided on a first pay first use basis. The technical service fee is the price corresponding to the product and/or service you have purchased rather than a kind of prepayment or deposit, savings card, etc. Paid products and/or services are non-refundable upon used, except that the paid products and/or services are completely unusable due to material defects, it is otherwise provided hereunder or required by laws and regulations or is acknowledged by us upon judgment.
3.2.3 If the service period of the products and/or services expires and you have no intention to renew the contract, you shall download and save relevant materials within five (5) working days after the expiry, otherwise, we will not be responsible for the loss of your materials due to the closure of your account.
3.2.4 Please understand that, due to the special nature of Internet services, the service period of paid products and/or services on the Platform includes reasonable time required for us to resolve malfunctioning server repairs, adjustments, upgrades, etc., or to deal with infringements by third parties, and we will not separately compensate you for the time required to be used in the above cases; should there be any loss caused to you arising therefrom, we will not be liable for any compensation except for our statutory fault, but we shall minimize the impact as much as possible.
4. User Information
4.1 The user information refers to any and all information and content provided by the user in the registration, design, posting, and completion of surveys, including without limitation, texts, images, links, videos audios, computer programs, and other forms. You hereby undertake and ensure that the information so provided shall not:
4.1.1 contain fraudulent elements or acquire through forgery or theft;
4.1.2 infringe any third party’s right of property, copyright, patent, trademark, trade secret or other intellectual property rights, or the right of privacy, portrait, reputation, honor;
4.1.3 violate any law, rule, ordinance or regulation;
4.1.4 contain any defamatory (including commercial defamation), intimating or harassing content;
4.1.5 contain obscene or pornographic content;
4.1.6 contain any viruses, disguised destructive programs, computer worms, time-programmed bombs or other computer programs that intentionally destroy, maliciously interfere with, surreptitiously intercept or expropriate any system, data or personal information;
4.1.7 directly or indirectly connect to or describe those third-party services that (i) are prohibited hereunder; or (ii) you do not have the right to access or include.
In the event of any violation of this Article, whether posted or not, we shall have the right to delete or take other prohibitive measures.
4.3 The Platform will not disclose, edit or reveal your information and non-public information stored at the Platform without your legal authorization, unless:
4.3.1 it is required by relevant laws, judicial or administration authorities;
4.3.2 for the purpose of protecting the rights and interests of other users and the public in case of emergency;
4.3.3 it is necessary for providing the Services requested by you;
4.4.4 the Platform claims for legal remedies to the dispute between you and the Platform due to your violation of this Agreement or other provision;
5. Users’ Obligations and Responsibilities
5.1 Users shall independently take responsibility for user information and content so released, and undertake to comply with the laws and regulations of the People’s Republic of China and public order and morality, and shall not produce, copy, publish or disseminate the information that:
5.1.1 violates the Constitution or the provisions of laws and regulations;
5.1.2 endangers national security, leaks state secrets, subverts state power, and undermines national unity;
5.1.3 causes damages to national honor and interests;
5.1.4 incites ethnic hatred, ethnic discrimination, and undermines national unity;
5.1.5 undermines national religious policies, promote civil cults and feudal superstitions;
5.1.6 spreads rumors, disturbs social order and destabilizes society;
5.1.7 spreads obscenity, pornography, gambling, violence, murder, terror or abets crime;
5.1.8 insults or slanders others, infringes on the legitimate rights and interests of others;
5.1.9 infringes a third party’s rights and interests;
5.1.10 acts under the name of an illegal civil organization;
5.1.11 contains false, exaggerated, misleading and other words prohibited by the Advertising Law in violation of relevant laws and regulations; or
5.1.12 has the contents prohibited by laws and administrative regulations.
5.2 Users shall comply with the provisions of other relevant countries and regions as well as those of international law.
5.3 Users may not use the Services to:
5.3.1 access or use computer information networks without permission;
5.3.2 delete, modify or add to the functions of a computer information network without permission;
5.3.3 delete, modify or add to data and application programs stored, processed or transmitted in a computer information network without permission;
5.3.4 deliberately produce or spread computer viruses and other destructive programs;
5.3.5 conduct other acts that damage the security of computer information networks.
5.4 Users shall not interfere with our services and systems in any way.
5.5 Users shall comply with all other rules and procedures.
5.6 Users shall not post information in any chain letters, junk emails or in any inappropriate manner.
5.7 Users shall not collect or improperly use the e-mail address and other personal data of the researched person without prior consent thereof.
5.8 Users shall not create a false e-mail address or otherwise attempt to mislead others as to the identity or origin of the sender of the information.
5.9 Users understand and authorize that if the Company believes that the information posted by any user falls within the circumstances abovementioned, the Company shall have the right to immediately stop the provision of the Services to such user, delete the illegal information posted, and keep relevant records to report to relevant state authorities.
5.10 Users are legally responsible for their behaviors in the course of using the Services, including without limitation, compensation to the infringed third party, and assumption of corresponding legal responsibility. If any user violates the provisions of this Article and causes the Company to be claimed by a third party, the user shall fully indemnify the Company for all costs (including, but not limited to, all kinds of compensation, litigation agency fees and other reasonable costs) thus incurred.
5.11 Users who use the electronic bulletin services of the Platform, including electronic bulletin boards, electronic whiteboards, electronic forums, Internet chatrooms and message boards as well as other interactive forms of information dissemination must comply with the provisions of this Article and the rules of the electronic bulletin service issued by us, and bear the legal consequences and liabilities arising from violation of the provisions abovementioned; otherwise, we will, at our sole discretion, immediately cancel the user’s account, and all the losses arising therefrom shall be borne by the user on its own.
5.12 Users undertake to abide by laws and regulations, the socialist system, national interests, legitimate rights and interests of citizens, social public order, morality and authenticity of information.
7. Breach of Contract
Without prejudice to other remedies, we may immediately issue a warning to a user, temporarily or permanently terminate its status, and delete any of its existing information or any materials displayed by it on the website if:
7.1 the use violates any provision hereof;
7.2 we cannot verify the authenticity of the user’s information; or
7.3 there is conduct that may give rise to any adverse legal liability or risk for the User, us or third party service providers who provide services through our website; the use has conducted any action that may give rise to any adverse legal liability or risk for us, other uses or third party providers who provide services through our website.
If a third party files a claim against us, our members or agents due to any user’s violation of this Agreement or other provisions, rules or laws, or infringement on the rights of the third party, the user shall be liable to us, our members or agents for the full amount of damages (including judicial fees and those of other professionals).
8. Termination/Access Restriction
You agree that we may terminate your use of the Services in accordance with the provisions of this Agreement without prior notice, and you further acknowledge and agree that we may immediately invalidate or revoke your account, keep all related information and files stored in your account and/or prohibit you from further accessing the Services. Upon the termination, we are under no obligation to retain for you any information contained in or related to your original account or to forward any unread or sent information to you or any third party. In addition, you agree that we will not be liable to you or any third party for any termination of your access to the Services.
9. Our Responsibilities
9.1 We only provide storage space for the questionnaires posted, the data collected and uploaded by our users. We do not guarantee that the content of the questionnaires will meet your requirements or that the Services will not be interrupted. We will not be liable for any failure to use the Platform due to network conditions, communication lines, third-party websites or administrative requirements.
9.2 The questionnaires and other content (including but not limited to the content of the current product features of the Platform) posted by users represent their own personal positions and opinions rather than ours. The users, as the posters, shall be responsible for the content of the questionnaires so posted, and bear any legal and joint liabilities for all disputes arising therefrom. We do not assume any legal and joint liabilities.
9.3 We shall have the right to delete any content posted by users on the Platform that infringes on the intellectual property rights or other legitimate rights and interests of others, and to transfer the same to competent judicial authority.
9.4 During the use of the account, if the existing actual person is different from that applying for the registration initially (i.e. the person who has the right to use the account is transferred) when the user uses our service or purchases our paid services, you shall be liable for any dispute or risk arising therefrom, and we shall not be liable therefor. Please be careful with your data or information stored on the Platform when transferring the account.
If you cannot sign in your BestCEM account or use the functions of the account under your name and need our help, please provide us with proof of ownership of all the rights to use the account; failing which, we are not obliged or authorized to operate the account in question.
9.5 You understand and agree that you are solely responsible for any relationship or consequence directly or indirectly arising from your use of the Services, and that we shall not be liable for any financial relationship or other consequence entered into or attempted to be entered into by users of the Services.
9.6 You are solely responsible for attempting to create or participate in any securities or investment related matter or transmission of information through the Services, or for receiving any news, cautionary information or other material relating to securities or investments through the Services, and we are neither responsible for the authenticity, accuracy, or profitability of such information nor for any trading or investment decisions made on the basis of such information.
9.7 Because we do not control other World Wide Web sites or resources, we are not responsible for the legality or authenticity of the content thereof to which we link, and we will not be liable for any direct or indirect damages arising from your use of or reliance on the content, publicity, products, services, or other materials available from such sites or resources.
9.8 We shall not be liable to you for any delay or failure in our performance due to causes beyond our reasonable control including without limitation, natural disasters, strikes or riots, shortages or rationing of materials, riots, acts of war, acts of government, breakdown of communications or other facilities or accidents.
10. Intellectual Property
We have the intellectual property rights of all the materials on the Platform. Without our prior authorization, no one is allowed to use any materials on the Platform, otherwise we shall have the right to terminate the provision of the products and the Services to the users, and to pursue the legal responsibilities arising therefrom and claim for all the losses thus incurred.
Unless otherwise expressly provided, any notice to us shall be sent to Service@idiaoyan.com. Our notices may be delivered by email, postal delivery, text message, etc. Notices sent by email shall be deemed given twenty-four (24) hours after it is sent to the email address you have registered, unless the sender is informed that the email address is invalid; notices sent to the address registered with us by post, return receipt requested, shall be deemed given three (3) days after the date when the postage is paid, and those sent through text message shall be deemed given when it is successfully sent to the cell phone number you registered with us.
12. Breach of Contract
If a Party violates this Agreement and causes damage to the other Party, it shall compensate the non-defaulting Party for all the losses suffered and the expenses incurred for realizing the rights and interests, including litigation fees and attorney’s fees.
13. Applicable Law & Dispute Resolution
13.1 This Agreement is governed by the laws of the People’s Republic of China in all aspects.
13.2 Should any provision hereof be invalid or unenforceable, in part or in whole, for any reason, the remaining provision of this Agreement shall remain in full force and effect. 。
13.3 Any dispute arising from this Agreement shall be submitted to the people’s court of the place where Suzhou Zhongyan Technology Co., Ltd. is located.
14.1 Headings of the terms and conditions hereunder are for convenience only, and in now way define, limit, interpret or describe the scope or extent of relevant term or condition.
14.2 Any rules and documents released on the Platform shall constitute an integral part of this Agreement, and shall have the same legal effect herewith. Should there be any discrepancy, this Agreement shall prevail.
14.3 Shanghai Zhongyan Technology Co., Ltd. reserves the right of interpretation and amendment of this Agreement.