E Platform Terms of Service
December 2022
Introduction
Welcome to visit our website and use the products and services we offer.
Before completing the registration process or using the services of E Platform website in any way, please make sure you read and thoroughly understand the Terms of Service of E Platform website (hereinafter referred to as "Terms of Service"), and choose to accept or not accept the Terms of Service after you have fully understand it; once you complete the "Agree to the Terms and Register" or start to use E Platform services in other ways, it means you have read and agreed to be bound by the TOS. If you do not agree to the TOS or any of its terms and conditions, you should not proceed to the next step or stop the registration process.
E Platform again reminds you to read carefully and fully understand the content of each clause, especially the corresponding clauses that limit or exclude liability. The clauses that limit or exclude liability will be bolded or in other eye-catching forms for your attention.
If you are under 18, please read the Terms of Service in the company of a legal guardian.
1. Subject of the Contract and the Scope of the Agreement
1.1 Terms of Service of E Platform is a valid contract between you and E Platform Computing Ltd. ("E Platform" or "us") in relation to the use of E Platform services (including providing you with website page information, account registration services, etc.).
The E Platform website contains the domain name “e.topease.net”.
1.2 If you use or purchase a specific service on the E Platform, you may still need to confirm the terms of service corresponding to the specific service. Please read carefully and fully understand the content of the terms and choose to accept or not to accept the terms of service.
2. Account Registration, Use and Security
2.1 Qualifications for Registration
2.1.1You acknowledge that you shall be a natural person, legal person or other organization with full civil rights and full civil capacity (hereinafter or referred to as "you") at the time you complete the registration process or actually use the Service in any other manner permitted by the E Platform.
2.1.2 If you are a minor or a person with limited capacity for civil conduct, you do not have the aforementioned subject qualifications. You and your guardian shall be responsible for all consequences resulting from your improper registration.
2.1.3 You also need to ensure that you are not the subject of trade restrictions, sanctions or other laws or regulations imposed by any country, international organization or territory, and that you are not directly or indirectly providing funds, goods or services to the aforementioned subjects, otherwise you may not be able to properly register and use the E Platform services.
2.2 Account Registration
2.2.1 After you have filled in the information as prompted by the registration page, read and agreed to the Terms of Service and completed all the registration procedures, you can get an account of E Platform and become a user of it.
2.2.2 The account name that you set or confirm during registration ("Account Name") and the password that you set will become your account after successful registration (The account name and password are collectively referred to as the "Account".).
2.2.3 The account name you set must not violate national laws and regulations, the management specifications of E Platform or easily cause confusion between you and E Platform, otherwise your account may not be registered successfully or E Platform has the right to cancel it after notifying you.
2.2.4 You shall accurately provide and timely update your account information in accordance with the requirements of laws and regulations or as prompted by the corresponding pages to make it true, timely, complete and accurate. If the information you provide is incorrect, inaccurate, outdated or incomplete, E Platform may send you a notice of inquiry and/or request for correction, and you shall cooperate in providing or updating the relevant information in accordance with the requirements of E Platform. If the information or data you fill in is untrue, untimely, incomplete or inaccurate, you shall bear the consequences of your not being able to use your E Platform account (not being able to register successfully, or your account being frozen or cancelled) or consequences and losses during the use of E Platform.
2.2.5 For the opening of certain products or services, E Platform may require you to provide additional identity information and information for further authentication or qualification verification. Only after your account has passed these authentications and verifications can you be eligible to use related products or services.
2.2.6 In general, your E Platform account is your unique identity for all activities on the E Platform website, and unless otherwise agreed, each E Platform account can carry out activities on the website independently. However, in the following cases, E Platform has the right to conduct unified processing of multiple E Platform accounts owned by the same and/or related legal entities according to its own judgment. For example, based on the related information of different E Platform accounts in registration, login and use, E Platform judges that these accounts belong to the same user. Examples of related information: the same certificate, the same cell phone number, the same payment account, the same device, the same address, etc.
2.3 Use and Security of Accounts
2.3.1 You have the right to log in to E Platform website with the account you set up and use other services provided by E Platform.
2.3.2 E Platform may notify you of the progress of the service and prompt you for the next step by email, internal mail, SMS or phone call. During the service process, you should promptly log in to your E Platform account to check and perform transaction operations.
2.3.3 An E Platform account can only correspond to one legal subject. Unless expressly stipulated by law, judicial ruling or agreed by E Platform, you may not transfer, gift or allow others to inherit your E Platform account in any way.
2.3.4 Your account and password are set up and kept by you, and you are required to keep your E Platform account and password confidential. You are required to ensure that you take the correct steps to leave the Site at the end of each online session.
2.3.5. Your account is set up and maintained by yourself, and it is recommended that you keep your account secure and log out at the end of each internet session and leave the platform correctly. Topease will not be responsible for any losses or consequences resulting from your voluntary disclosure or from being attacked, defrauded, or otherwise. You should seek remedies from infringers through legal and administrative channels. If you discover that someone else is using your Topease account and password without authorization, you should immediately notify Topease. Topease will assist you in freezing your account, changing your password, or making other security settings. Please note that Topease needs a reasonable amount of time to act upon your request and will not be responsible for any consequences that have occurred before taking action or caused by yourself (including but not limited to any losses).
2.3.6. E Platform will also take reasonable technical measures on the website server to protect the security of the account.
3. Account Freezing, Cancellation and Appeals
3.1. Account Freezing
Your E Platform account (all or part of its privileges or functions) may be frozen (e.g. E Platform account is restricted from transferring funds, etc.) in the following circumstances.
3.1.1 Based on the need for the operation and transaction security of the E Platform website or services, your account will be frozen in these circumstances: you have undermined, may undermine or attempt to undermine the fair trading environment or normal transaction order of the E Platform or its affiliated companies; you have used the name or brand of the E Platform or E Platform affiliates that is suspected to be misleading to others; you have used a certain Chinese or English (full name or abbreviation), numbers, domain names, etc. with the intention of indicating or reflect a certain association with E Platform or its affiliated companies.
3.1.2. You violate these Terms of Service, the relevant rules and specifications of the E Platform website (such as transaction rules, management specifications), service descriptions and other service agreements/terms.
3.1.3. You violate the provisions of national laws, regulations, policies, and legal instruments.
3.1.4. You have been complained about by another person and the other person has provided relevant evidence, and you have not provided your evidence to the contrary requested by us.
3.1.5. Based on reasonable analysis, E Platform judges that there are abnormalities in your account operations, earnings, exchange, etc..
3.1.6. The freezing is required by the competent state authorities
3.1.7. E Platform reasonably judges that you are involved in other situations with the same nature as the above-mentioned behaviors or similar risks to the above-mentioned ones.
3.1.8. Individuals, companies or others who resort to third-party companies target automatic access to all content, data or pages of the E Platform by using technical means, such as robotics, crawler technology, and artificial intelligence technology.
3.2. Cancellation of Accounts
3.2.1. if the situation described in article 3.1 above occurs and the situation is serious, or based on the requirements of the state authority, your E Platform account (all or part of the rights or functions) will be cancelled, and E Platform will notify you by email, internal mail, SMS or phone call.
3.2.2. Any act that undermines or attempts to undermine network security (including but not limited to phishing, hacking, cyber fraud, website or space containing or suspected of spreading: viruses, Trojan horses, malicious code, and suspected attacks on other websites and servers through servers such as scanning, sniffing, ARP spoofing, DDOS, etc.).
3.2.3. You understand and agree that if you have not logged in to the E Platform website through your account for 12 consecutive months and there are no unexpired services under your account, E Platform has the right to cancel your account and you will no longer be able to log in to the website of E Platform.
3.3. Appeals
In the event of a freeze or cancellation of an account as described above, you should pay attention to it in a timely manner and follow the procedures for an appeal and other follow-up operations:
3.3.1. If you apply to E Platform for lifting the above-mentioned freeze or cancellation through the appeal procedure, for the safety of your account, you shall cooperate in providing truthful proof of identity and relevant information, as well as other information or documents required by E Platform for verification. You should fully understand that your appeal is not necessarily allowed and E Platform has the right to decide whether to agree to your appeal request.
3.3.2. You understand and agree that if you refuse to truthfully provide proof of identity and related information, or fail to pass the audit of E Platform, E Platform has the right to freeze such accounts for a long period of time and restrict some or all of the account functions for a long period of time.
4. Platform Services and Specifications
4.1. You are entitled to enjoy the Internet technical services and information services provided by E Platform through this website. You shall also fulfill the responsibilities of timely payment and service management in accordance with these Terms of Service and the relevant terms and conditions confirmed by you when purchasing specific services.
4.2. When using the services of the E Platform, you should promise that:
4.2.1. When using the E Platform services, you shall comply with national and local laws and regulations, industry practices and public morals and will not use the services provided by the E Platform to store, publish or disseminate the following information and content.
(i) Any content (information) that violates national laws and regulations and policies；
(ii) Political propaganda and/or news information that violates national regulations.
(iii) Information involving state secrets and/or security.
(iv) Feudal superstition and/or obscene, pornographic, indecent information or information that abets crime.
(v) Gaming with prizes, gambling games; information that violates national and religious policies.
(vi) Information that hinders the security of Internet operations.
(vii) Information that infringes on the legitimate rights and interests of others and/or other information or content that is detrimental to social order, social security, or public morals.
(viii) You also undertake not to provide any facilities for others to publish the above-mentioned information that does not comply with the national regulations and/or the TOS, including but not limited to setting URLs, BANNER links, etc..
(ix) You should not install or use pirated software on the E Platform. You are solely responsible for the results of your actions (e.g., software installed and actions performed by you);
(x) You understand that E Platform cannot guarantee that the services it provides are flawless, but E Platform promises to continuously improve service quality and service level. Therefore, you agree that even if there are defects in the services provided by E Platform, these defects are unavoidable considering the technical level of the industry at that time, and it will not be regarded as a breach of contract by E Platform.
4.2.2. You shall not engage in any conduct that undermines or attempts to undermine network security, including using technical or other means to undermine or disrupt this website and the websites of other customers of E Platform.
4.2.3. Your use of the services of the E Platform website shall be in accordance with these Terms of Service.
if you violate the above-mentioned guarantee, E Platform has the right to take measures to delete information, suspend services, terminate services according to the relevant terms of service, and has the right to freeze or cancel some or all functions of your account.
4.3. Online Purchasing Service
4.3.1. The service fee will be clearly displayed on the order page, and you can choose the specific service type and make payment at the price listed.
4.3.2. The platform will start providing services only after you have made payment. If you do not make immediate payment after placing an order, the order will be reserved for 7 days. If you still have not made payment, or the service is upgraded, taken offline or the fee adjusted after the 7-day period, the order will become invalid, and any agreement between you and the platform regarding the service will be considered null and void.
4.3.3. After you have made payment, some online purchased services are non-refundable. Whether a refund is allowed for a service will be indicated in the purchasing process for each service.
5. Protection of Privacy and Personal Information
Your trust is very important to E Platform and E Platform understands the importance of user information security. E Platform will take security protection measures in accordance with the requirements of laws and regulations to protect your user information and make sure that it is controllable. For details, please refer to the "Topease User Privacy Policy ".
6. Intellectual Property
6.1. We respect intellectual property rights and will not use, modify, reproduce, publicly disseminate, alter, distribute, or publicly publish the results of your intellectual property rights without your consent.
6.2. Any organization or individual who believes that the content of the web pages of the E Platform website, such as reprinted articles, commodity information released by market service providers, etc., may infringe their legitimate rights and interests, can file a written notice of rights to “advise@topease.net”. After receiving the notification of qualification of intellectual property right holders, E Platform will deal with the problem as soon as possible in accordance with the law.
6.3. Unless otherwise stated, the intellectual property rights of E Platform website logos, "E Platform", "E Platform" and other words, graphics and combinations, as well as other logos, emblems, names of E Platform services and technical documents of E Platform website are owned by E Platform and its affiliated companies.
6.4. You shall respect the intellectual property rights and other legal rights/interests of E Platform and third parties, and guarantee to protect E Platform, its employees, shareholders, partners, etc. from being affected or suffering from loss due to such events in case of illegal events that violate the aforementioned rights/interests. E Platform reserves the right to terminate services to you and not to refund any money if you violate the legal rights/interests of E Platform and/or other third parties.
Additional specific information is detailed in the legal notices of the Topease User Privacy Policy.
7. Confidentiality
E Platform undertakes to keep confidential the information you submit when you are registering your account or using E Platform services and not to disclose your information to third parties unless:
7.1. It is allowed to provide your information in accordance with these Terms of Service or other service agreements, contracts, online terms between you and E Platform.
7.2. It is required to provide your information according to the provisions of laws and regulations or requests of administrative, judicial and other competent departments.
7.3. Without prejudice to the liability agreed in these Terms of Service, the confidential information has been made public or is available in the public domain.
8. Export Control
Both parties undertake to comply with the export control laws and regulations of the United Nations, China, the United States and other countries which are applicable to this agreement. You promise not to use the products or services provided by E Platform for purposes prohibited by the applicable export control laws and regulations. Without the permission of the relevant competent authorities, you and other individuals or entities authorized by you shall not provide controlled technology, software or services to the entities or individuals prohibited by the applicable export control laws and regulations through the products or services of E Platform.
9. Information Security Incidents
E Platform will respond to information security events in a timely manner based on Topease Security Emergency Response Center, and deal with information security events in accordance with the requirements of national laws and regulations and relevant security event handling standards. When an information security event involving your assets occurs, we will inform you about the event through email, letter, telephone, push notification and other means in a timely manner according to the law, and you can also take the initiative to contact us through work orders, customer service calls, key account manager calls and other means.
10. Scope and Limitation of Liability
10.1. You understand and agree that you shall be responsible for any third party claims resulting from your use of the service, violation of the Terms of Service, or any action taken under your account. If this results in third party claims against E Platform, its affiliates, employees, customers and partners, you shall be responsible for handling and indemnifying E platform and its affiliates for all losses and liabilities.
10.2. To the extent permitted by applicable law, E Platform shall not be liable for any indirect, punitive, special, or consequential damages in connection with or arising out of these Terms of Service.
10.3. E Platform hereby reminds that you shall comply with the laws of the People's Republic of China when using E Platform services, shall not endanger network security, and shall not use the services of E platform to engage in activities that infringe upon the reputation, privacy, intellectual property rights and other legitimate rights and interests of others. E Platform shall not be responsible for any illegal or non-compliant behavior of your use of E Platform services.
10.4. E Platform users upload, provide and publish relevant information, including but not limited to user names, company names, contacts and contact information, relevant pictures, information, etc., on the forums, communities and cloud farms of E Platform website by themselves. Therefore, E Platform users shall be fully responsible for the aforementioned information provided by them according to law.
10.5. If you use the E Platform website or obtain any products or services from a third party, for example, the service provider on the E Affiliate relies on the cloud marketplace to provide services to you, the service provider will be responsible to you for the services it provides, and the E Platform will not be responsible for this third party service.
10.6. In some cases, in order to help you use the services of E Platform more conveniently, E Platform may display the reference code or software of E Platform (if the software belongs to the third party open source software, you should comply with the relevant requirements of it). Based on the instructions of the corresponding display page, such software may allow you to download, carry out secondary development and other related operations, you should understand and promise that the intellectual property rights of such codes belong to E Platform, and you should clearly indicate the right owner when you use them, meanwhile, E Platform is not responsible for whether you can use these codes and software, and for the work and consequences of using such codes and software.
10.7 In no event shall E Platform be liable for any indirect, consequential, exemplary, incidental, special damages, including lost profits suffered by you as a result of your use of E Platform Services (even if you have been informed of the possibility of such damages).
10.8 In any case, the total amount of liability of for breach of these Terms of Service undertaken by E Platform shall not exceed the total amount of service fees corresponding to the default service.
11. Force Majeure and Unforeseen Events
If E Platform's website does not function properly due to the following force majeure or unforeseen events, it shall not be liable for damages.
11.1. Force majeure factors such as natural disasters, strikes, epidemics, riots, wars, governmental acts, judicial administrative orders, etc.
11.2. Public service factors such as power supply failure and communication network failure.
11.3. E Platform's website does not function properly due to routine or emergency equipment and system maintenance, equipment and system failure, network information and data security, etc. under the condition that the platform has been managed in good faith.
12. Applicable Law and Jurisdiction
The validity, interpretation, modification, implementation and dispute resolution of the terms of service shall be governed by the laws of the People's Republic of China. Disputes arising from these Terms of Service shall be submitted to Hangzhou West Lake District People’s Court for resolution.
13. Service of Notices
13.1. You understand and agree that E Platform may send you notices through methods such as web announcements, emails, internal letters, SMS, phone calls, system messages and instant messaging and E Platform can rely on the fact that the contact information provided by you is complete, accurate and currently valid. The above notices are deemed to have been delivered after being successfully sent.
13.2. Unless otherwise agreed in these Terms of Service or unless a separate agreement between E Platform and you specifies the manner of notification, notices sent by you to E Platform shall be delivered through the contact information such as mailing address, fax number and email address that are officially published by E Platform.
14. Renewal and Termination of Terms
14.1. E Platform reserves the right to make changes to the Terms of Service and the corresponding service rules, and will announce or notify you by webpage announcement, email, intranet, SMS, etc. If you continue using the service after the changes of the TOS, it means that you have fully read, understood and accepted the modified contents, and will also comply with the modified contents of the TOS.
14.2. When your account is canceled or the website service is terminated through mutual agreement, the terms of service will be terminated.
15. Other Contents
15.1. These Terms of Service consist of contents, rules and specifications displayed on the relevant pages of the website, the service descriptions (including operating documents) and other terms/conditions that you click to confirm. Both E Platform and you are bound by them, and the relevant terms in them can be cross-referenced and interpreted.
15.2. The section headings in these Terms of Service are for convenience only and shall have no legal or contractual effect.
15.3. If any provision of these Terms of Service is deemed to be invalid, void or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of these Terms of Service and any other provisions.
15.4. E Platform has the right to transfer all or part of the rights and obligations of this service to its affiliated companies by posting announcements on its official website (e.topease.net), sending in-site notices or email notifications, etc.
15.5. Unless otherwise agreed, considering the professionalism of the service, E Platform may also entrust affiliated companies or other legal entities to provide you with one or more specific services on the E Platform website, and you may enter into relevant terms and conditions with such companies. Please read carefully, fully understand the content of the terms and conditions, and choose to accept or not to accept the terms and conditions.
15.6. The terms of confidentiality, intellectual property rights, application of law and jurisdiction, and other terms which by their nature ought to survive (such as the guarantee of authenticity of registration information) under these Terms of Service shall not be invalidated by termination of these Terms of Service.
If there are differences in translation between the English and Chinese versions, the Chinese version shall prevail.