These Terms of Service (“Terms”) govern your access to and use of the website tomsencenchinasourcing.com (the “Site”) and all services provided by Jingxin E-commerce (Ningbo Haishu) Co., Ltd. a company business entity (“Company,” “we,” “us,” or “our”). Please read these Terms carefully before using the Site or engaging our services. By accessing the Site or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Site or our services.
1. Acceptance of Terms
Your use of the Site and our services constitutes your acceptance of these Terms and any other policies or procedures we may provide. If you are using the Site or services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. These Terms, together with our Privacy Policy and any other documents referenced herein, constitute the entire agreement between you and the Company regarding your use of the Site and services, and supersede all prior agreements and understandings, whether written or oral.
2. Description of Services
The Company provides China sourcing, procurement, and supply chain consultation services to businesses worldwide. Our services may include, but are not limited to: supplier identification and evaluation, product sourcing and negotiation, quality assurance support, logistics coordination, and related advisory services (collectively, “Services”). All Services are provided on an as-is basis unless otherwise specified in a formal service agreement between you and the Company. The scope, pricing, and terms of specific Services are subject to individual service agreements, quotations, or statements of work (“SOW”). In the event of any conflict between these general Terms and a specific SOW, the SOW shall prevail to the extent of such conflict.
3. User Obligations
In using the Site and Services, you agree to:
- Provide accurate, complete, and truthful information in all communications with the Company;
- Comply with all applicable laws, regulations, and international trade laws, including export control regulations and sanctions laws;
- Use the Site and Services only for lawful purposes and in accordance with these Terms;
- Not engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Services;
- Not transmit any content that is unlawful, threatening, harassing, defamatory, obscene, or otherwise offensive;
- Maintain the confidentiality of any account credentials or sensitive information you provide to the Company;
- Not attempt to gain unauthorized access to the Site, its systems, or the Services;
- Notify the Company promptly of any unauthorized use of your account or any other breach of security;
- Indemnify and hold harmless the Company from any claims arising from your violation of these Terms or your use of the Services.
4. Intellectual Property
All content on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of the Company or its content suppliers and is protected by international copyright and other intellectual property laws. You may view and download materials from the Site solely for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices.
You may not reproduce, publish, transmit, distribute, display, modify, or create derivative works from any Site content without the prior written consent of the Company. Any reports, analyses, recommendations, or documents prepared by the Company as part of the Services (“Deliverables”) remain the property of the Company unless otherwise agreed in writing. You are granted a limited, non-exclusive, non-transferable license to use the Deliverables solely for your internal business purposes related to the transactions contemplated in your service agreement.
5. Limitation of Liability
To the maximum extent permitted by law, in no event shall the Company, its directors, officers, employees, agents, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if the Company has been advised of the possibility of such damages. This limitation applies to any claim arising out of or relating to these Terms, the Site, the Services, or any transaction conducted through the Site, whether based on warranty, contract, tort, strict liability, or any other legal theory.
The Company’s total liability to you for any and all claims arising out of or relating to the Site or Services shall not exceed the fees paid or payable by you to the Company in the twelve (12) months immediately preceding the claim, or, if no fees have been paid, one hundred dollars (USD $100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability, so the above limitation may not apply to you.
6. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
The Company makes no representations or warranties regarding the accuracy, completeness, timeliness, or reliability of any information, recommendations, or advice provided through the Services. While the Company endeavors to provide accurate and helpful guidance based on market conditions and available information, market conditions, supplier capabilities, and regulatory environments are subject to change. All information and recommendations provided by the Company are based on information available at the time of provision and should not be considered as guarantees of future results or outcomes.
You acknowledge that your use of the Services involves reliance on suppliers, logistics providers, and other third parties over which the Company has no direct control. The Company is not responsible for the performance, quality, or conduct of any third-party suppliers, manufacturers, or service providers, including any failure to deliver products, quality defects, or breach of contract by such parties.
7. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Site or Services; (b) your violation of any law or regulation; (c) your violation of these Terms; (d) your infringement of any intellectual property rights; (e) any false, inaccurate, or misleading information you provide to the Company; or (f) any negligence or misconduct by you or anyone acting on your behalf.
You will defend the Company using counsel reasonably acceptable to the Company, and you will cooperate fully in the defense of any indemnified claim. The Company reserves the right to assume control of the defense of any such claim if it so chooses, at your expense.
8. Governing Law
These Terms and your use of the Site and Services shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions. You irrevocably consent to the exclusive jurisdiction of the courts located in [Jurisdiction] for the resolution of any disputes arising out of or relating to these Terms, the Site, or the Services.
Notwithstanding the above, the Company may pursue injunctive or equitable relief in any court of competent jurisdiction to prevent irreparable harm or to enforce intellectual property rights. Any legal action or proceeding related to these Terms or your use of the Site or Services must be brought within one (1) year after the cause of action arises, or it shall be forever barred.
9. Changes to Terms
The Company reserves the right, at its sole discretion, to modify these Terms at any time. Changes will be effective upon posting to the Site, and your continued use of the Site or Services following such changes constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for changes. If you do not agree to any modification, your sole remedy is to cease using the Site and Services.
For any material changes to these Terms that adversely affect your rights, the Company will endeavor to provide notice to you via email or through a prominent notice on the Site at least thirty (30) days before the changes become effective. Your continued use of the Site or Services after the notice period constitutes your acceptance of the modified Terms.
10. Contact Information
If you have questions about these Terms of Service, or if you wish to report a violation of these Terms, please contact the Company using the information below:
Jingxin E-commerce (Ningbo Haishu) Co., Ltd.
Address: No. 6, 15, 4-10, Qinglin Commercial Center, Wangchun Street, Haishu District, Ningbo City, Zhejiang Province
Phone: +008613185741827
Email: tomsencen@icloud.com
Website: tomsencenchinasourcing.com
We will make reasonable efforts to respond to inquiries within five (5) business days.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if such modification is not possible, the provision shall be severed. The remaining provisions shall continue in full force and effect.
Waiver
The failure of the Company to enforce any provision of these Terms shall not be construed as a waiver or limitation of that provision or the right to enforce it at a later time. No waiver of any breach or default shall be valid unless in writing and signed by an authorized representative of the Company.
Entire Agreement
These Terms, together with any applicable SOW, service agreement, or privacy policy, constitute the entire agreement between you and the Company regarding the subject matter hereof and supersede all prior negotiations, representations, agreements, and understandings, whether written or oral. There are no other agreements, representations, warranties, or conditions except as set forth in these Terms.