CARMU User Service Agreement
The CARMU User Service Agreement (hereinafter referred to as "this Agreement") is a valid contract jointly entered into by you and Beijing Jiachang Yichen Technology Co., Ltd. (hereinafter referred to as "CARMU" or the "Platform"). When using specific services of CARMU, both you and CARMU will be bound by the guidelines or rules that are periodically published and applicable to such services.
Section One: Declarations and Commitments
(1) Before you accept this Agreement or CARMU services, please read the entire content of this Agreement carefully. Pay special attention to the parts marked in bold. If you do not agree with any content of this Agreement or have difficulty understanding the interpretation of CARMU's terms accurately, please refrain from proceeding with further actions. If you have any questions about the terms of this Agreement, please call 4009199168 to inquire about the content related to the agreement. You cannot claim that you haven't read "this Agreement" or have any misconceptions about "this Agreement" as reasons to consider "this Agreement" invalid or demand its revocation.
(2) The platform may make changes to this Agreement. If changes occur, the platform will notify you through announcements or client messages, and you can review the relevant agreement terms in the latest version of this software or service. Such changes will become effective from the time specified in the notification. If you cannot agree to the modified terms of the agreement, you have the right to stop using the relevant services. If mutually agreed, changes to relevant services and corresponding agreement terms can also be made separately.
(3) While using CARMU's relevant features, you need to take responsibility for the actions you take. You should assess whether the counterparty has full civil rights and legal capacity and decide whether to engage in offline transactions with them. Regardless of whether the transaction is facilitated through CARMU, you are solely responsible for all legal and financial risks associated with the transaction.
(4) You confirm that when using CARMU services, you must fully comply with this Agreement and the rules formulated by CARMU, and take action after carefully reading page prompts, explanations, and other information.
(5) Protecting user privacy in accordance with the law is a fundamental policy of CARMU. The "CARMU Privacy Policy" applicable to your privacy rights forms a part of "this Agreement." You clearly understand and agree that, in order to provide you with better services, CARMU has the right to obtain certain information from you based on this Agreement (including the Privacy Policy), such as registration information on CARMU, behavioral information within CARMU, and account information.
Section Two: Users and Registration
(1) Users refer to registered users who have completed all registration procedures through the CARMU APP (hereinafter referred to as "CARMU") and use CARMU services.
(2) You confirm that when you complete the registration process or actually use CARMU services through other permissible means, you should have the necessary legal capacity and competence to independently bear legal responsibilities. Any minors under the age of 18 participating in online activities should obtain the consent of their legal guardians in advance, which can be verified, and comply with the "Youth Online Civilization Convention."
(3) Upon signing this agreement and completing the registration process, CARMU will provide you with a uniquely numbered CARMU account. You are responsible for the security of the account name, login password, and verification code associated with this account. You are accountable for actions performed through your account and password. Otherwise, CARMU cannot and will not assume any responsibility for any resulting losses or damages.
(4) CARMU commits that without statutory reasons, provisions of this agreement, or your prior permission, your registered account, phone number, and other non-public information will not be disclosed to any third party. If you find any improper use of your account or any other situation that may jeopardize the security of your account, you should immediately inform CARMU in an effective manner and request the suspension of relevant services. You understand that CARMU requires a reasonable amount of time to take action upon your request, and CARMU is not liable for any consequences (including but not limited to any losses you incur) arising before taking action.
(5) During the process of registering an account or using CARMU services, you must provide legal, truthful, and accurate personal information. If there are any changes to the information you provided, you should update it promptly. If CARMU has reasonable grounds to suspect any doubts about the personal information you provided and/or the information you posted (including but not limited to violations of law, regulations, errors, falsehoods, invalidity, incompleteness, or other situations that CARMU reasonably deems inappropriate), CARMU has the right to suspend or terminate part or all of the CARMU services to you. The platform is not responsible for this, and you will bear the direct or indirect losses resulting from it.
(6) You understand and agree that if you meet and comply with the contents of this service agreement, you become a CARMU user after completing the registration process. For information you voluntarily submit, you authorize CARMU and/or third parties authorized by CARMU operators and affiliated service providers to understand, consult, and review the true situation of your personal market transaction risks through legal channels (including but not limited to credit agencies), and use this information to assess your risk profile.
(7) You may not maliciously register CARMU website accounts through any means, including but not limited to registering multiple accounts for the purpose of profiteering, speculation, or cashing out. Nor are you allowed to impersonate or deceive other users to obtain their accounts.
Section Three: CARMU Service Contents
The services referred to in this agreement mean the platform solutions provided by CARMU for your vehicle purchase and sales needs. CARMU can provide you with a series of intermediary matching services based on your needs, including vehicle database queries, dealer database queries, and vehicle procurement and sales information publishing. You are fully aware and understand that CARMU only provides resource and information matching services to you. Specific service content, fee payment, rights and obligations agreements, etc., will be determined based on actual order situations. You can decide to accept or reject the following services, and if you accept the service/sign the relevant agreement, you should comply with its execution.
(1) Information and Data Provision Service: As a B2B automotive internet platform, CARMU provides you with a comprehensive vehicle model database. In the "Vehicle Specifications," "Vehicle Search," and "Database" sections, you can access various informational services such as reference materials for buying and selling cars, dealer information disclosure, export policies, export inspection agency queries, customs commodity code queries, etc.
(2) Information Publishing Service: When you have vehicles for sale, you can use the "My Listings" - "Publish" module to complete the vehicle information (including model, price, color, etc.) and vehicle images. You can also provide additional details and complete the listing. Similarly, if you're looking to buy a vehicle, you can use the "Buying Requests" - "Publish" module to provide details about the vehicle you're looking for (including model, appearance, interior, sales area, desired quantity, information validity period, etc.) and publish it.
(3) Exchange Rate Calculator Tool: When you need to convert currency in the context of vehicle procurement and sales, you can use the currency exchange rate calculator tool on the "Home" or "Vehicle Search" section of CARMU's platform. By selecting the currency and inputting the amount, you can calculate the currency exchange rate conversion results based on real-time exchange rates.
(4) Transaction Matching Service: When you have vehicle procurement or sales needs, you can browse through the "Home" or "Vehicle Search" section of CARMU to find suitable trading partners for vehicle purchasing/selling. You can engage in online communication with potential partners through text, voice, or calls on CARMU's platform. When you choose text and voice communication, CARMU provides you with text conversion and real-time translation services. Please note that you should consult and verify with the trading partner about the transaction method, vehicle quality, procedures, etc. Once confirmed by you, you are solely responsible for ensuring the quality and procedures of the vehicle. CARMU does not provide any defect guarantee for such transactions, and you cannot refuse to fulfill the obligations under this agreement for such reasons.
Section Four: Platform Rules
(1) When you register, you must provide genuine, accurate, and up-to-date personal information, and you must update the aforementioned information promptly. CARMU cannot and will not be responsible for any loss or damage caused by your loss of identity number and password.
(2) You are responsible for all content uploaded, posted, sent, or otherwise transmitted through CARMU. You may not upload, post, email, or otherwise transmit content that is illegal, harmful, threatening, abusive, harassing, infringing, defamatory, insulting, vulgar, obscene, libelous, invades privacy, hateful, or otherwise objectionable, or content for which you lack the necessary rights to transmit. You may not upload, post, send, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of such solicitation. You also may not upload, post, send, or otherwise transmit any content that infringes upon the patents, trademarks, trade secrets, copyrights, or other proprietary rights (hereinafter referred to as "Rights") of others. You assume the risk for such actions and their consequences. CARMU expressly disclaims any express or implied warranties for your transmission behavior and content, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. For any claims, demands, or losses arising from your submitted, posted, or transmitted content through this service, you shall assume liability for compensation, including CARMU and its affiliates, related entities, senior executives, agents, joint launchers, or other partner individuals, employees.
(3) You understand and agree that your activities on CARMU shall not interfere with or disrupt this service, the servers, or networks connected to this service, violate any requirements, procedures, policies, or regulations of the networks connected to this service, or violate any applicable laws and regulations of China (including but not limited to the "Administrative Measures on Internet Information Services" and the "National People's Congress Decision on Safeguarding Internet Security"). For your use of this service and your connection to this service, CARMU and its affiliates, related entities, senior executives, agents, joint launchers, or other partner individuals, employees, shall not be responsible for any claims, demands, or losses.
(4) You understand and warrant that you shall not copy, sell, resell, or exploit any part of this service for commercial purposes, shall not use this service for any purposes not authorized by the platform, and shall not engage in any acts that infringe upon the legitimate rights and interests of others using this service. Otherwise, CARMU has the right to refuse to provide this service, and you shall bear all relevant legal responsibilities and economic compensation responsibilities.
(5) You understand and agree that CARMU has the right to understand the true transaction background and purpose of your use of this service. You shall provide truthful, comprehensive, and accurate information and data as required by CARMU. If CARMU has reasonable grounds to suspect that you provide false transaction information, in order to ensure transaction security, CARMU has the right to temporarily or permanently restrict some or all functions of this service that you use.
(6) Transaction Risk Warning
i. You are solely responsible for any losses caused by your fault or negligence. Such faults or negligence include but are not limited to: not following prompts, not performing actions promptly, forgetting or leaking passwords, and unauthorized use/intrusion or loss of your used terminal.
ii. Once you use this service through a terminal, you irreversibly authorize CARMU to execute the relevant operational instructions you send. CARMU will carry out your operational instructions, and you should assume any legal and economic liabilities arising from CARMU's faithful execution of these instructions.
iii. CARMU does not provide any form of identification or verification service for the transaction subject that you personally choose. It also does not assume responsibility for losses caused by this.
iv. You understand and agree that the exchange rate data provided by the platform is calculated as the average value of real-time foreign exchange rates from banks. Your specific transaction will be based on the actual exchange rate. The platform tool is for reference only before the transaction.
Section Five: Scope of Responsibility and Limitation of Liability
(1) CARMU is only responsible for the platform responsibilities stated in this agreement.
(2) You explicitly acknowledge that the transaction risks arising from your use of this service should be borne by you and the counterparty of the transaction.
(3) The quality and content of services provided by platform cooperative partners are the responsibility of those partners themselves.
(4) You are fully aware and agree that CARMU may provide services to both you and your (transactional, competitive, and any actual or potential conflicting) parties. You agree to clearly exempt such behavior from the platform and may not claim that CARMU has legal defects in providing this service.
(5) Except as otherwise stipulated in this agreement or as otherwise agreed by CARMU, your instructions to CARMU and the platform are irrevocable.
(6) You promise that the electronic transaction data retained or obtained by CARMU is valid evidence of your transaction behavior and acknowledge that it is equivalent to the legal effect of a written signed document.
(7) You understand and agree that all service processes currently provided by CARMU may be adjusted due to changes in trial scenarios and functional continuity. For operational and transactional security needs, CARMU may temporarily suspend or restrict some functions of this service, or provide new functions. In the event of any reduction, addition, or change in functionality, as long as you continue to use the platform, it means you still agree to this agreement or the modified terms of the agreement.
Section Six: Applicable Law and Jurisdiction
(1) The effectiveness, interpretation, modification, enforcement, and dispute resolution of this agreement shall be governed by the laws of the mainland of the People's Republic of China. If disputes arise among the parties during the performance of this agreement, they should promptly communicate to resolve them. If unable to reach an agreement through negotiation, they may file a lawsuit with the people's court in the jurisdiction of CARMU's location.
(2) If any provision of this agreement is determined to be invalid or unenforceable, that provision shall be revoked, while the remaining provisions shall be observed and enforced. The headings of the provisions are for reference convenience only and shall not in any way define, restrict, interpret, or describe the scope or extent of the provisions.
(3) This agreement shall take effect from the date of your consent (including but not limited to your online click of agreement on CARMU, electronic signature, or other forms of agreement).
(4) During the performance of this agreement, the written notices sent to you by the platform include paper notifications sent by mail, app announcements, emails, mobile text messages, faxes, in-site notifications, and other methods. If the platform sends a written notice to you by mail, it shall be deemed delivered on the third natural day after the platform mails it according to the communication address you left on CARMU. If the written notice is sent by electronic means such as app announcements, emails, mobile text messages, faxes, or in-site notifications, it shall be deemed delivered upon successful notification transmission.