Service Agreement of ChinaTour.Net Website
The Acknowledgment and Acceptance of Service Agreement
We welcome you (the “user” or “you”) to our website (this website ChinaTour.Net and its sub-sites, websites of our affiliates, collectively the “Site”). The Site is managed by ChinaTour.Net (China) Limited. Some products and services made available on the Site are supplied by qualified service providers.
The term "ChinaTour.Net" in the following terms and conditions collectively refers to ChinaTour.Net (China) Limited. References to the Site are deemed to include derivatives thereof, including but not necessarily limited to websites and applications, whether accessed by mobile phone, tablet or other device.
The following terms and conditions (“Terms of Use”or "this Service Agreement" or "this Agreement") as defined below- apply to our services, directly or indirectly made available to you through whatever means, including online reservations, customer service requests or otherwise (“Services”). By accessing, browsing and using the Site and/or by making a reservation through our Site, you acknowledge and agree having read, understood and agreed to the Terms of Use. Our different policies and guidelines, which can be found throughout the Site, should be read in conjunction with and are an integral part of these terms and conditions and are hereby included by reference. If you do not agree to the Terms of Use, please cease use of the Site immediately. The Terms of Use – as may be amended from time to time –constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and ChinaTour.Net with respect to their subject matters unless explicitly stated otherwise.
1. General Provisions
This Agreement includes the text hereof, individual service agreements of ChinaTour.Net sub-channels and the various types of rules already published or will be published on ChinaTour.Net , including but not limited to disclaimers, privacy policies, product booking instructions, travel contracts, account agreements and other agreements ("Other Terms"). Other Terms shall prevail if there is any inconsistency between them and this Agreement. Unless otherwise expressly stated, any service provided by ChinaTour.Net is to be bound by this Agreement.
2. Service Introduction
ChinaTour.Net relies on its own operating system to provide online membership services to you on the Internet. You must:
1. provide the necessary equipment, including a PC, a modem and Internet devices.
2. pay Internet access fee and phone bills related to this service.
Considering the importance of ChinaTour.Net’s online membership services, you shall agree:
1. To provide detailed and accurate personal information in a timely manner.
2. Constantly update registration information to meet the requirements of timely, detailed and accurate information. All originally input data will be referenced as registration data.
In addition, you may authorize ChinaTour.Net to disclose your basic information to third parties, but ChinaTour.Net shall not disclose your supplementary information, unless:
1. you require ChinaTour.Net or authorize someone to disclose the information via email.
2. ChinaTour.Net is required to disclose your personal information by relevant laws and procedures.
If you provide inaccurate information, ChinaTour.Net shall reserve the right to end your right to access to ChinaTour.Net online membership services.
While using the ChinaTour.Net membership services, you shall also agree to receive the various types of information provided by ChinaTour.Net membership services, including but not limited to service and marketing information such as EDM, SMS, ChinaTour.Net App push, PC advertisements etc.
3. Modification of Terms of Service
ChinaTour.Net will modify this Agreement if necessary. ChinaTour.Net shall make an announcement in advance on this webpage and its corresponding pages if it intends to make or modify this Agreement and/or various rules to provide you with Internet-based or mobile services. You shall periodically log into this page and other relevant pages for the latest agreement version. The modified agreement and rules will automatically take effect after being published on this page and related pages for seven days. If you disagree with the modifications made, you should immediately stop visiting ChinaTour.Net or using ChinaTour.Net services. Your use of ChinaTour.Net services after 7 days since the modification shall be deemed as your acceptance of the modified agreement and rules.
4. Change, Interruption and Termination of Services
You fully understand and agree that as ChinaTour.Net services involves Internet, mobile communications and other services, ChinaTour.Net services may be affected by unstable factors in all aspects. Therefore, ChinaTour.Net will not assume any liability of compensation for your losses resulting from service interruption, cancellation or termination risks caused by any force majeure, computer virus or hacker attack, system instability, your location, your shutdown of computers, GSM network, Internet, communication circuits and other reasons beyond the prediction or control of ChinaTour.Net .
ChinaTour.Net needs to regularly or irregularly repair or maintain the Internet service platform or its related equipment, and shall not bear any liability for Internet service (including paid Internet service) interruption in a reasonable period of time caused by such circumstances, but shall try its best to make prior notification.
You fully understand and agree that, except as otherwise provided herein, ChinaTour.Net may change, interrupt or terminate some or all of the Internet services because of their special nature and needs not bear any responsibility provided that it shall try its best to provide prior notification and give you time to process any related interests.
5. Rules of Use
You must comply with relevant laws and regulations of applicable laws when using ChinaTour.Net services and shall agree not to use the services for any illegal or improper activities, including but not limited to the following:
1. Information that goes against basic principles set forth in the Constitution;
2. information that endangers national security, leaks state secrets, subverts state power and undermines national unity;
3. information that damages the honor and interest of the country;
4. information that instigates ethnic hatred, ethnic discrimination and undermines ethnic solidarity;
5. information that undermines the country’s religious polices and promotes cults and feudal superstitions;
6. Information that spreads rumor, disrupts social order and undermines social stability;
7. information that spreads obscenity, pornography, gambling, violence, murder, terrorism or abets crimes;
8. information that insults or defames others and infringes the legal rights of others;
9. Information that contains false, harmful, coercive, privacy-infringing, harassing, aggressive, slanderous, vulgar, obscene content or other morally objectionable content;
10. information that’s restricted or prohibited by UK laws, rules, regulations, ordinances and any other specifications with legal force.
Using the Internet service system for any unlawful purpose. Using ChinaTour.Net’s Internet services for the following activities:
1. accessing the computer information network or using the computer information network resources without permission; deleting, modifying or adding functions of the computer information network without permission; deleting, modifying or adding without permission the data and applications that are stored, processed or transmitted in the computer information network; intentional production, dissemination of computer viruses and other destructive procedures; other behaviors that endanger security of the computer information network.
2. Commercial use of any data on ChinaTour.Net, including but not limited to the use of resources displayed on ChinaTour.Net in any way such as duplication or distribution without the prior written consent of ChinaTour.Net.
3. Interfering or attempting to interfere with the normal operation of ChinaTour.Net or any transaction, activity that is conducted on ChinaTour.Net, or taking any action that would result in unreasonable huge data load on ChinaTour.Net’s network equipment by using any devices, software, routine program or other measures.
4. Acts of unfair competition in violation of the principle of good faith, or maliciously placing orders or engaging in fictitious transactions and other malicious acts that disrupt ChinaTour.Net’s transaction order.
5. Other activities not related to online transactions.
6. Copyright Statement
Any member’s acceptance of the terms of this Agreement shall mean that he/she will exclusively transfer without compensation the copyrights of any form of information published on this website to ChinaTour.Net’s operator, including but not limited to rights of reproduction, distribution rights, rental rights, exhibition rights, performance rights, rights of showing, broadcasting rights, the right of information distribution through network, filming rights, adaptation rights, translation rights, compilation rights and other transferable rights that should be owned by the copyrighter, and that such member allows ChinaTour.Net the right to initiate separate proceedings against any infringement and to receive full compensation.
This Agreement constitutes a written agreement protected by applicable copyright laws the legal effect of which shall also applies to any work or content protected by the Copyright Law published by the user on ChinaTour.Net, regardless of whether such content is formed before or after the signing of this Agreement. Each member agrees and is fully aware of the above terms, and will not in any form publish or authorize other websites and media (other than websites of ChinaTour.Net’s affiliates) to use any information published on ChinaTour.Net. At the same time, ChinaTour.Net reserves the right to remove all kinds of non-compliant information on the website without informing its members.
ChinaTour.Net is entitled with the copyrights of all content and resources of this website, which are protected by applicable copyright laws and regulations on intellectual property rights, and the interpretation and modification rights in statements made on this website; without the express written consent of ChinaTour.Net, any entity or person shall not wholly or partially copy, repost or cite such content and resources in any form or in any wording, otherwise, the company will take legal actions to impose any respective legal liabilities.
ChinaTour.Net has formulated relevant measures and procedures to protect the legitimate rights and interests of the intellectual property right owners. When any copyright owner and/or the right holder which in accordance with any applicable laws may exercise the right of information distribution through network (hereinafter referred to collectively as the "Right Holder") find any potential infringement on its right of information distribution through network, the Right Holder shall send a written notice of right to ChinaTour.Net first and provide a valid proof of the ownership of its right. ChinaTour.Net will then take measures to delete the relevant content according to any applicable laws and regulations. ChinaTour.Net shall have the copyright of comments and articles submitted by you by logging into ChinaTour.Net or any other information edited and published on ChinaTour.Net , and shall have the right to use any information (including but not limited to pictures and travel notes) published by you on ChinaTour.Net on this website and the websites of ChinaTour.Net’s affiliates. If other browsers would like to repost any information published by the user on ChinaTour.Net, prior approval from ChinaTour.Net and the user shall be obtained; otherwise, it shall be deemed as an infringement. Without the permission of ChinaTour.Net, any other third party shall not reproduce, repost or use in any form the aforesaid comments or articles. This website is not responsible for any claim and damage etc. caused by the violation of this legal statement by the user or any other third party.
ChinaTour.Net does not guarantee the accuracy and completeness of external links provided for your convenience. For any copyright issues or other problems that may arise therefrom, please call or email this website. Immediate deletion or modification will be made after verification.
7. User Privacy System
Respect for user privacy is a basic policy of ChinaTour.Net, so as an addition to terms on user’s personal registration data.ChinaTour.Net will not make public, edit or disclose your supplementary information and non-public information stored in ChinaTour.Net’s membership services, except in circumstances as required by laws or where ChinaTour.Net believes in good faith that disclosure of such letters are necessary in the following four situations:
1. Necessary disclosures to abide by relevant laws and regulations and comply with ChinaTour.Net’s legal membership service procedures.
2. Necessary disclosures to keep and maintain ChinaTour.Net’s trademark ownership.
3. Necessary disclosures in emergencies to safeguard the privacy of users and the general public.
4. Necessary disclosures to meet other related requirements.
Special authorization
You fully understand and irrevocably grant ChinaTour.Net and its affiliates, business partners the following rights for free:
1. ChinaTour.Net’s affiliates or business partners may allow ChinaTour.Net users to log into websites of ChinaTour.Net’s affiliates or business partners and use their services. All behaviors of ChinaTour.Net users on websites of ChinaTour.Net’s affiliates or business partners shall comply with this Agreement, announced rules as well as instructions and guidelines for proper use of services. In order to realize the above functions, you agree that ChinaTour.Net may synchronize your ChinaTour.Net registration information, transaction/payment data etc. to systems of its affiliates or business partners and allow their use of such information, data, etc..
2. To provide you with the same services when you log into ChinaTour.Net with your user ID and password with any of ChinaTour.Net’s affiliates or business partners, you agree that ChinaTour.Net may synchronize your registration information, transaction/payment data etc. with ChinaTour.Net’s affiliates or business partners to ChinaTour.Net systems and allow the use of such information, data, etc. by ChinaTour.Net systems, and you will not for this reason pursue responsibilities of ChinaTour.Net and ChinaTour.Net’s affiliates or business partners.
3. To ensure the security of transactions, ChinaTour.Net and its affiliates and business partners will be allowed to conduct data analysis on your user information and make commercial use of the analysis results.
4. ChinaTour.Net will get your relevant information from affiliates and business partners. For example, when you make a reservation or booking through ChinaTour.Net’s affiliates or business partners, the booking information you provide may be sent to ChinaTour.Net to enable it to process your order and ensure a successful reservation or booking. For another example, ChinaTour.Net will allow you to log into your ChinaTour.Net account through your social media account after you agree to establish a link between the two (you authorize the social platform).
5. While enjoying all the services provided by ChinaTour.Net, you authorize and agree that ChinaTour.Net may send business information to your email, mobile phone and mailing address etc., including but not limited to the latest ChinaTour.Net product information and promotional information. If you choose not to receive the various information services from ChinaTour.Net, you may make proper settings as guided by ChinaTour.Net to refuse such information services.
8. User Account, Password and Security
You will get a password and an account number after you become a registered user. You will take full responsibility for your improper safekeeping of your account and password. In addition, you will be solely responsible for all acts and behaviors done with your account. You may change your password and icon at any time, or you may choose to cancel the old account and reopen a new one. Any illegal use of your account or security loopholes found shall be immediately reported to ChinaTour.Net. Please keep your password properly and do not tell others about it. You will be responsible for any loss caused by your improper safekeeping of password. You will have rights in and take responsibilities for all activities, actions and things you done using your account in accordance with any applicable laws, and shall not in any form transfer your account, authorize others to use your account and trade your accounts with others. Given the unique nature of Internet services, ChinaTour.Net has no responsibilities to check and verify whether it’s you that are using your user name and password but will only verify if the user name and password used are consistent with those saved in the database. Any person may log into ChinaTour.Net and enjoy all services it offers as long as the user name and password used are consistent with those saved in the database. Therefore, even if you think it’s not you that logged into the account, ChinaTour.Net shall not assume any responsibility arising therefrom.
9. Refusal of Guarantee
You expressly agree that you shall bear on your own the risk of using email services. ChinaTour.Net expressly declares that it will not provide any type of guarantee, express or implied, but will not limit commercially implied guarantees, appropriate guarantees of specific purposes and proper guarantees of compliance. ChinaTour.Net does not guarantee that services will definitely satisfy users’ requirements, nor does it guarantee that services will not be interrupted, or guarantee about the timeliness, accuracy or errorless of services. ChinaTour.Net refuses to provide any guarantee, including guarantees about the accurate, timely and smooth transmission of information. You understand and accept that you make your own decisions concerning any information or resource (downloaded or obtained through ChinaTour.Net’s membership services) and will bear all risks and responsibilities of system damage or data loss. You will not receive from ChinaTour.Net in oral or written comments or information, and will not make expressed guarantees here.
10. Limited Liability
ChinaTour.Net will not be responsible for any direct, indirect, incidental, special and consequential damages caused by improper use of online membership services, illegal use of services or change in information supplied by users. These damages will tarnish the image of ChinaTour.Net, so the company has informed and mentioned the possibility of these damages.
11. Storage and Restrictions of ChinaTour.Net’s Online Membership Service Information
ChinaTour.Net will not take responsibility for the failed deletion or storage of information posted by you. The company does not set upper limit for the amount of information transmitted but reserves the right to determine whether your behavior complies with the requirements and spirit of ChinaTour.Net’s terms and conditions of online membership services. If you violate the service terms and conditions, your membership account will be suspended. The copyright of all articles on this website are owned jointly by the original author and ChinaTour.Net. Anyone who would like to repost articles published on the website must obtain authorization from the original author and ChinaTour.Net.
12. User Management
You are solely responsible for the content you post. You shall use services in accordance with all local laws, national laws, and international legal standards applicable to website services. You must comply with the following rules:
1. Comply with any applicable laws and regulations when publishing information;
2. Do not use the online membership services for any illegal purposes;
3. Do not interfere with or disturb Internet services.
4. Comply with all network protocols, rules and procedures in relation to the use of online membership services.
Online membership services mainly include sending and receiving information through the Internet, so your behaviors are guided by national laws, regulations, policies and procedures related to the Internet. You must promise not to spread any illegal, harassing, slanderous, abusive, threatening, harmful, vulgar, obscene information and resources. Also, you shall not disseminate any information that incites others to conduct criminal behaviors, shall not spread information that encourages domestic adverse situations and involves national security, or information that does not comply with local laws and regulations, national and international laws. Unauthorized access to other computer systems is prohibited. Where your behavior does not comply with the aforesaid service terms and conditions, ChinaTour.Net will immediately cancel your account at its sole discretion. You need to take legal responsibility for your behavior while using online membership services. In case you spread and distribute reactionary, pornographic or other information in violation of national laws when using online membership services, the systematic records of such services may be used as evidence of your violation of law.
13. Protection
You agree to protect and defend the interests of all personnel of ChinaTour.Net and will pay legal fees incurred by your use of services beyond the scope of services, the liquidated damages caused by violation of the terms of services, as well as the compensation claimed for others’ use of your computers, account and other intellectual property rights.
14. End of Services
You or ChinaTour.Net may discontinue the website services at any time based on the actual situation. ChinaTour.Net may terminate the services without liabilities to any individual or third party. In case you disagree with any service terms and conditions or hold objections to any subsequent modifications of such terms and conditions, or are dissatisfied with ChinaTour.Net’s online membership services, you only have the following rights of recourse:
1. No longer using ChinaTour.Net’s membership services.
2. Ending your eligibility for using ChinaTour.Net’s online membership services.
3. Notifying ChinaTour.Net to stop your user service. After the end of user service, your right to use ChinaTour.Net’s online membership services will be immediately terminated. From then on, ChinaTour.Net will no longer bear any obligation to you.
15. Notices
All notices to users can be sent via email or ordinary letters. ChinaTour.Net will send notice to users via email services to notify them of any modifications to the terms and conditions of services, change of services or other important matters.
16. Advertising Planning
You may place promotional materials in your posts or participate in ad planning so to display your products on ChinaTour.Net for free. Any such promotion, including description about cargo transportation, payment, services, commercial terms, guarantees and advertisements only involve you and the advertising agency. ChinaTour.Net shall not assume any liabilities and ChinaTour.Net’s online membership services do not include the obligation to be responsible for advertisement sales.
17. Ownership of Email Content
User-defined content includes texts, software, sounds, photos, videos and graphics; all information in the advertisements; all content in emails; business information provided by users through ChinaTour.Net’s online membership services. All these contents are protected by copyright, trademark, label and other property ownership laws. Therefore, a user can only use such information under the authorization of ChinaTour.Net and the advertising agency, and shall not without authorization reduplicate or reproduce such information, or create derivative products based on such information.
18. Applicable Laws
This Service Agreement shall be consistent with the laws including its rules of conflicts where the website located. Both the user and ChinaTour.Net agree to the jurisdiction of the court. If any term of service conflicts with laws, such term shall be reinterpreted in a manner as closely as possible to the respective laws, while the rest terms shall remain the legal effect and impact on users. Any dispute arising from the interpretation of this Service Agreement and the user’s ordering of any product on ChinaTour.Net shall be prosecuted for the applicable ChinaTour.Net entity at applicable court that has jurisdiction.
