User Service Agreement
Effective date of this version: 07/24/2020
The User Service Agreement is in the electronic form and has the effect under Contract Law of the People's Republic of China between the user and Skywood International which refers to Skywood International Co., Ltd. and its affiliated entities.
The user who purchases products or uses services of Skywood International should carefully read the terms of this agreement and other terms, rules and policies referred to therein (hereinafter referred to as "this agreement"), especially the terms in bold type, which contain important contents related to the rights and obligations of the user, as well as restrictions and exclusions that may be applicable to the user. The user shall abide by the terms of this agreement when purchasing products of Skywood International, using services of Skywood International, or accessing including but not limited to www.skywoodintl.com. If the user has any question, opinion or suggestion on these terms or contents, please contact Skywood International through the contact information published in this agreement, and Skywood International is very willing to provide feasible assistance to the user. If the user does not accept this agreement in whole or in part, please immediately stop registering and using the platform, and stop purchasing products or using services through the platform. If the user registers an account with the platform or actually uses the platform service, it means that the user agrees to be bound by all terms of the agreement and the laws and regulations applicable to the platform.
Parties of this agreement: user and Skywood International.
I Execution and Amendment of This Agreement
1.1 The content of this agreement includes the following terms, various rules that have been or will be issued by the platform and product rules (hereinafter referred to as "business rules"). All business rules are an integral part of this agreement and have the same legal effect as the text of this agreement. This agreement is applicable to all activities of the user when using the platform. When the user purchases the relevant products or uses the relevant services, it means the user has read, understood and accepted all terms and all business rules of this agreement at the same time, and promised to abide by all kinds of laws and regulations in China. In case of any legal consequences caused by the violation, the user will independently bear all corresponding legal liabilities in his or her own name.
1.2 Skywood International has the right to modify this agreement from time to time as required, or formulate and revise various business rules in accordance with this agreement and issue them in the relevant system section of the platform. The user can check the latest terms of this agreement and various business rules at any time in the platform. If the user disagrees with the changes, the user can give feedback to Skywood International through the contact information disclosed in this agreement. If the feedback is adopted, Skywood International will adjust the changes according to the circumstances. If the user still does not agree with the effective modification, the user shall immediately stop using the platform, and the modification will have no effect on the user; if the user continues to use the platform after the modification of this agreement and business rules takes effect, it means that the user has fully read, understood and accepted the modified agreement and business rules, and will also follow the modified agreement and business rules to use services of the platform (at the same time, with respect to the transactions conducted by the user through the platform before the amendment of the agreement and business rules and their effectiveness, they shall be deemed that the user has agreed and has authorized and recognized the corresponding transactions retroactively in accordance with the agreement and business rules).
1.3 After the user confirms this agreement online, this agreement will have legal effect between the user and Skywood International.
1.4 The user shall guarantee the integrity, authenticity and legality of the information and qualification provided through the platform, and Skywood International has the right to examine the integrity, authenticity and validity of the user's information and qualification from time to time according to the business needs. Once finding that the user's information and qualification do not meet the business rules of Skywood International, Skywood International has the right to suspend or cancel the user account.
II Service Provision
2.1 The services provided by the platform include but are not limited to: online booking function, customer service function, online consultation, complaint and suggestion function, displaying information about Skywood International, etc.
2.2 In accordance with the business needs, Skywood International reserves the right to reject the service, suspend the service, terminate the service or cancel the user’s account at its sole discretion to the extent permitted by the national laws.
2.3 Skywood International may have developed different application versions for different terminal devices. Users should choose to download the appropriate version for installation according to the actual situation. Skywood International does not guarantee the adaptability and availability of all versions and related equipment, nor does it guarantee the consistency of services provided by all versions.
2.4 Although Skywood International endeavors to ensure the effectiveness and availability of the services, due to telecommunication failure, hacker attack or policy change and other factors, the aforesaid services may be invalid or adjusted in part or in whole. The user understands and accepts the occurrence of such situations, and waives the right to claim against Skywood International accordingly.
2.5 When the user needs to download the relevant client program to use the service of the platform, Skywood International gives the user a single, non-transferable and non-exclusive license. The user only uses the relevant client program when using the service of the platform, and does not conduct reverse engineering, reverse assembling, reverse compiling, or try to find the source code of the relevant client program in other ways; The user shall not delete the information about copyright on the relevant client program and its copy.
2.6 All other rights not expressly authorized in this agreement are still reserved by Skywood International and the user shall obtain the written permission of Skywood International when exercising these rights. If Skywood International fails to exercise any of the above rights, it shall not constitute a waiver of such rights.
III Account Management
3.1 The ownership of the user’s account belongs to Skywood International. The user shall provide true, accurate, complete and effective information to complete the account registration in accordance with the requirements of the platform. After the user completes the account registration, the user only obtains the right to use the user account, which belongs to the initial applicant only.
3.2 The user shall carefully and reasonably save and use his or her user name and password, and shall be fully responsible for all behaviors, activities and events implemented to complete the management authority verification by using the user’s name and password. If the user finds any improper use of the user's account or there are security loopholes and other situation that may endanger the security of the user's account, the user shall immediately notify Skywood International, request to suspend relevant services, and report to the public security organ.
3.3 The notice sent by the user in accordance with Article 3.2 shall at least include the description of the situation, relevant preliminary evidence, required handling measures, contact information of the notifier, etc. The notice without the above information shall be deemed as invalid notice. The user understands that Skywood International needs a reasonable time period to identify and take action on the user's notice, and Skywood International shall not be liable for the consequences (including but not limited to any loss of the user) incurred before taking action.
3.4 The user shall not lend / rent the account and password to others for use, otherwise the user shall bear all the responsibilities arising therefrom, and bear joint liabilities with the actual user. In case of violation of national laws and regulations due to suspected account lending or renting, Skywood International has the right to report to national judicial authorities.
3.5 The user understands and agrees that Skywood International shall be deemed to have fulfilled the obligation of delivery and notice to the user by sending information to the address, telephone, e-mailbox, etc., reserved by the user in the platform and other means, or by sending in-site information through the platform. IV User Information and Privacy Protection Skywood International respect and protect the privacy of users. Please refer to the related Privacy Policy for the collection, use, sharing and protection of user's personal information. The Privacy Policy is an integral and unseparated part of this agreement.
IV Risk Warning and Limitation of Liability
4.1 The user understands and agrees that it is the user's responsibility to ensure the security of the user's account and password. The user will take full responsibility for all actions and remarks made by using the user's account and password, and agrees to the following:
(1) The user shall not disclose the account or password to any other person or use the account or password of any other person. If the user’s account is illegally used by others due to reasons such as hackers, viruses or user's custody negligence, Skywood International shall not bear any responsibility.
(2) The platform identifies the user's instructions through the user's account and password. Once the user confirms and logs in with the user’s own account and password, the user will be responsible for every behavior on the platform. The electronic information records generated by operating the account are valid credentials of the user's behavior, and the user shall bear full responsibilities arising therefrom.
(3) In case of using other's account and password illegally, Skywood International and its legal authorized entities reserve the right to pursue the joint liability of the actual user.
4.2 The user understands and agrees that Skywood International may cooperate with a third party to provide relevant services. In this case, Skywood International does not guarantee the availability, validity and legality of the services provided by the third party.
4.3 The copyright of all contents on the platform belongs to Skywood International and its partners, including but not limited to texts, data, articles, designs, source codes, software, pictures, photos, videos, audios and all other information (hereinafter referred to as "platform contents"). Platform contents are protected by Copyright Law of the people's Republic of China and international copyright conventions. Without the prior written consent of Skywood International, the user undertakes not to copy, imitate, disseminate, publish, announce and display the platform contents in any way or in any form, including but not limited to electronic, mechanical, photocopying, video and audio recording methods and forms. The user acknowledges that the platform contents are the property of Skywood International. Without the written consent of Skywood International, the user shall not copy any content such as the data contained in the platform to any other website, app or server. Any unauthorized use of platform content is an illegal act, and Skywood International will pursue the legal responsibility of the user.
V User’s Code of Conduct
5.1 In the process of using the service of the platform, the user promises to abide by the following agreements:
(1) All behaviors implemented in the process of using the service of the platform shall comply with the provisions and requirements of national laws, regulations and other normative documents and rules of the platform, shall not violate the social public interest or public morality, shall not damage the legitimate rights and interests of others, and shall not violate the agreement and relevant rules. In case of any legal consequences arising from the violation of the foregoing commitments, the user shall independently bear full legal liabilities in his or her own name and ensure that Skywood International is free of any loss arising therefrom.
(2) Not publish information prohibited by laws and regulations, information suspected of infringing upon intellectual property rights or other legitimate rights and interests, information against social public interests or public morality, public order and good customs, other information suspected of violating laws, trading rules or this agreement and various rules.
(3) Not use any device, software or routine to interfere or attempt to interfere with the normal operation of the platform or any activity being carried out on the platform. The user shall not take any action that would result in an unreasonably large data load being imposed on the network device of the platform.
(4) The user is not allowed to log on to the platform with crawler or similar technology to obtain the data of the platform, and the user is not allowed to provide the relevant data of the platform to a third party for commercial use. The user should not make central purchasing of the limited products (if any) provided on the platform in bulk through illegal manual or programming ways such as making fake orders.
(5) It is not allowed to take act endangering the security of computer network, including but not limited to: the use of unauthorized data or access to unauthorized server account; entering public computer network or other computer systems without permission and deleting, modifying or adding stored information; making an attempt without permission to probe, scan or test the weakness of this application system or network or taking other acts that would impair network security; attempting to interfere with or disrupt the normal operation of the system or mobile website.
(6) It is not allowed to make any statement that would damage the goodwill of the platform or Skywood International.
5.2 The user understands and agrees that:
(1) In case of violation of the above commitments, Skywood International has the right to make corresponding treatment or terminate the provision of services without the consent of the user or prior notice to the user in accordance with the agreement.
(2) According to the designation of relevant laws and regulations or the judgement of the platform business rules, if the user’s behavior is suspected of violating the provisions of relevant laws and regulations or the terms of this agreement, Skywood International has the right to take corresponding measures. If there is any loss caused to platform or Skywood International, the user shall compensate.
(3) For the behaviors the user implemented on the platform, including the behavior not being implemented on the platform but having an impact on the platform, Skywood International has the right to determine the nature of this behavior and whether this behavior constitutes a violation of this agreement or/and rule, and accordingly take necessary measures.
(4) In case of any damage to any third party caused by the user's suspected breach of commitment, the user shall bear full legal liabilities independently in his or her own name, and ensure that Skywood International will not bear any loss or increased cost arising therefrom.
(5) If the user is suspected of violating relevant laws or the provisions of this agreement and causes Skywood International to suffer any loss, or any claim from any third party or any penalty from the administrative department, the user shall compensate the loss and expenses incurred thereby, including reasonable attorney fees.
VI Termination and Cancellation of the Account
6.1 If the user wants to apply for cancellation and termination of the account, the user can contact Skywood International through the contact information indicated in this agreement. When the user’s identity has been verified and it passes the verification, Skywood International will deactivate the user’s account and remove user’s personal information from the system involved in realizing the daily business functions according to the user’s requirements and make it not retrieved and accessed.
6.2 If the user violates the agreement, provisions of laws or infringes upon others’ legal rights. Skywood International will terminate the user’s account according to relevant terms.
6.3 After the user’s account is deactivated or terminated for any reason, Skywood International will stop providing service to the user. Meanwhile, Skywood International has the right to retain the backup of relevant information and record in the background system legally, which may include the user’s personal information, in accordance with the requirements of the applicable law. However, Skywood International does not promise to keep and record any personal data and content submitted to and stored on the platform in a way which is satisfactory to the user.
6.4 Skywood International has the right to maintain and close the platform automatically based on the operating condition. If closing the platform at its own, Skywood International will publish relevant information in the notifiable position of the platform 30 days (or other time allowed by law) in advance.
6.5 The termination of the user’s account has no impact on any right of Skywood International arising before the termination and any liability and obligation of the user arising before the termination.
VII Applicable Law, Jurisdiction, Dispute Resolution and Interpretation
7.1 If any term of this agreement is or becomes invalid in whole or in part or unenforceable for any reason, it shall be deemed that this term is separate from this agreement and it shall be replaced by a new effective term which is as close as possible to the intention of each party and can maintain the economic purpose required by this agreement. Moreover, under this circumstance, other terms of this agreement remain fully effective and binding.
7.2 Relevant terminologies may be cross-referenced between this agreement and relevant pages of the platform. If there are different understandings, the terms of this agreement shall prevail.
7.3 The title of all terms is only for the convenience of reading, and has no actual meaning, and cannot be regarded as the basis of interpreting this agreement.
7.4 The signing, validity, and performance of this agreement shall conform to the provisions of Chinese laws and regulations.
7.5 Any dispute or controversy between the user and Skywood International arising from this agreement shall be settled through friendly negotiation. If no settlement can be reached through negotiation, either party to the dispute shall have the right to submit the dispute or controversy to the court where Skywood International Co., Ltd. is located for settlement.
7.6 If the user has any suggestion or complaint or question about the service, the platform or the terms of this agreement, the user can use online customer service of Skywood International, or send an email to【admin@skywoodintl.com】, or call【+86 156 1789 8831】.
