Diligence User Agreement
Welcome to use [Qince] to provide services (hereinafter referred to as "services")!
Tips: Before using the service, you should carefully read and abide by the "Service Agreement" (hereinafter referred to as the "Agreement") and the "DitheCounsel Privacy Agreement", please be sure to carefully read and fully understand the content of each clause, when you fill in the information according to the prompts on the registration page, read and agree to this Agreement and complete all the registration procedures, or when you actually use the Service in other ways, it means that you have fully read, understood and accepted all the contents of this Agreement, and this Agreement will be legally binding. You promise to accept and abide by the provisions of this Agreement, and you shall not claim that this Agreement is invalid or request to revoke this Agreement on the grounds that you have not read the content of this Agreement or have not obtained our answers to your inquiries.
Definition:
1. Qince service provider: refers to the legal entity that develops and provides Qince products and services, including Nanjing Control Network Technology Co., Ltd.
2. Diance enterprise/organization user: refers to the authorized administrator of the enterprise or other organizations or directly through the legal representative to register as a diance user, and as an administrator through the Qince management platform to upload the company/organization employee directory to build the enterprise/organization structure, and then open, manage and use the Qince service on behalf of the enterprise/organization. The users of Qince enterprises/organizations include, but are not limited to, legal persons, government agencies, other organizations, partnerships or individual industrial and commercial households, etc.
3. Administrator of Chence Enterprise/Organization: refers to an individual user of Chence who is authorized or designated by the user of the enterprise/organization and has the system operation authority of the enterprise/organization/user management platform to open, manage and use the services of the enterprise/organization on behalf of the enterprise/organization, hereinafter referred to as the "administrator".
4. Diance Individual Users: refers to individual users who register an Intrium account, including individual users with the administrator authority of Diance Enterprise/Organization Users, and all individuals in the address book of Diance Enterprises/Organizations.
5. Enterprise/Organization Control Data: After your enterprise/organization activates and manages the Qince Service, we collect the information and data submitted or generated by individual users in the process of using Qince according to the requirements of the enterprise/organization administrator, including personal information.
6. Personal information: all kinds of information related to identified or identifiable natural persons recorded electronically or by other means, excluding anonymized information
1. Contracting Parties
1.1. This agreement is jointly concluded by the enterprise and organization users, their administrators and individual users who use the [Qince] service through the website, mobile client software and other means, and Nanjing Control Network Technology Co., Ltd.
1.2. Enterprise and organization users, their administrators, and individual users are collectively referred to as "users" or "you".
1.3. Nanjing Control Network Technology Co., Ltd., a diligent service provider, is collectively referred to as "we", "us", and "our".
1.4. By using the account of [Qince] to log in to the system, it means that you know, agree and abide by the provisions of this Agreement.
Nanjing Control Network Technology Co., Ltd. has the right to formulate and modify this agreement and related rules from time to time as needed, and once the changed agreement and rules are published, they will immediately replace the original agreement and rules and take effect automatically. If you do not agree to the changes, you should immediately stop using the Services, and your continued use of the Services or any website activities will constitute your acceptance of the revised Agreement and Rules.
2. Service content
2.1. The services provided by this software are authorized by your enterprise and provided to employees, upstream and downstream partners, or enterprise customers for use.
2.2. When you use Chence, you need to check whether the company that has opened an account for you is the enterprise you are associated with, or whether it is an enterprise that you recognize and authorize, and the check method is as follows: In the last TAB of the APP customer, the text below your name is your enterprise information. At the same time, you need to verify whether the information is true from the company you work for or recognized through other channels. If a third party maliciously uses the information of the enterprise you work for or approved to open an account for you, all the consequences arising from it have nothing to do with Qince.
2.3. When your account is at risk of being illegally used by others, we have the right to temporarily suspend the login operation of your account in order to protect the security of your account. The right to use the account belongs only to the applicant registrant and shall not be transferred or provided to others in any way, otherwise, you shall be responsible for all losses such as the erasure or loss of all data and information arising from your use of the Service. If you suspect that someone else is using your account, you should notify us immediately. You shall be responsible for the consequences of data loss and account theft caused by improper management of your account and password.
2.4. Please do not use other people's accounts to log in to the system and operate, if you use other people's accounts to log in to the system and operate, we may identify and notify the relevant personnel of the enterprise. You shall be solely responsible for all losses and consequences arising therefrom.
2.5. In the process of using the Chence APP or the web terminal, in order to ensure your safe use and service needs, we may collect all kinds of data and information generated by you during your operation, including but not limited to form information, location information, picture information, etc.
2.6. Depending on the service functions you use, we may use the services of third-party companies such as Baidu, AutoNavi, Amazon, Alibaba, and Tencent.
2.7. The settings and operations carried out by the administrator according to the relevant pages represent the user behaviors of the enterprise organization. If you have any objections, please manage and resolve the authorization of the relevant administrator or configure the corresponding permissions, or contact us in time to reset the administrator. Unless otherwise provided by law, we do not assume any responsibility to the enterprise organization users for the authorization between the enterprise organization users and the administrators, or for the setup and operation of the administrators.
For the activation and use of the relevant Chence services by the users and administrators of the enterprise organization, the Chence will process the enterprise and organization control data, including text, images, videos, audios, photos, etc., submitted or generated by the users in the course of using the relevant functions/applications of the enterprise and organization users and administrators according to the actions and instructions of the administrators.
In enterprise self-built application services and other third-party application services, enterprise and organization users and their administrators are the processors of personal user information, and we provide platform technical services for enterprise organization users and third-party service providers, and we are not jointly and severally liable for the processing of personal user information by third-party application service providers.
2.8. We may collect statistics on your use of the product. At the same time, we may share these statistics with the public to show overall usage trends of our Services. Please be aware, however, that these statistics will not contain any personally identifiable information about you.
3. Service Usage Specifications
3.1. The user fully understands and agrees that Nanjing Control Network Technology Co., Ltd. only provides a service platform for users, and you shall be responsible for all behaviors and results of using the service. Accordingly, you should understand that the use of the Service may result in the risk of illegal or improper acts (or information) from others, and you shall exercise your own judgment and action and bear the corresponding risks.
3.2. You shall be responsible for the expenses incurred by using the service, including but not limited to Internet traffic fees, communication service fees, etc.
3.3. You promise that you will not use this service to carry out any illegal or improper activities, including but not limited to the following behaviors:
3.3.1 Upload, transmit or share information that contains one of the following:
(1) Opposing the basic principles set forth in the Constitution;
(2) Endangering national security, divulging state secrets, subverting state power, or undermining national unity;
(3) harming the honor and interests of the state;
(4) Inciting ethnic hatred, ethnic discrimination, or undermining national unity;
(5) Undermining the state's religious policies and advocating cults and feudal superstitions;
(6) Spreading rumors, disrupting social order, or undermining social stability;
(7) Disseminating obscenity, pornography, gambling, violence, murder, terror or instigating crimes;
(8) Insulting or slandering others, infringing on the legitimate rights of others;
(9) Contains false, fraudulent, harmful, coercive, invasion of another's privacy, harassment, infringement, slander, vulgarity, obscenity, or other morally objectionable content;
(10) Contains other content restricted or prohibited by Chinese laws, regulations, rules, ordinances and any legally effective norms;
3.3.2 impersonate any person or entity, or falsely state or misrepresent that you are related to any person or entity;
3.3.3 upload, transmit or share any Content that is known under any law or under a contractual or statutory relationship (e.g. as a result of employment and as a result of a confidentiality agreement, proprietary and confidential information) but is not authorized to transmit;
3.3.4 Uploading, transmitting or sharing content that is suspected of infringing the rights of others (including but not limited to copyrights, patents, trademarks, trade secrets and other intellectual property rights);
3.3.5 Harassing others, or sending bulk messages to friends or other users through the Service;
3.3.6 upload, transmit or share any advertising, promotional messages, promotional materials, "junk mail", "spam", "chain letters", "direct marketing" or any other form of solicitation; Except for dedicated areas or dedicated functions for the foregoing purposes;
3.3.7 Because the Service is not designed for some specific purposes, you may not use the Service for important fields including but not limited to nuclear facilities, military use, medical assistance, transportation and communications, etc. If the above-mentioned operation fails due to software or service reasons, Nanjing Control Network Technology Co., Ltd. does not assume legal responsibility;
3.3.8 Engage in any behavior that violates Chinese laws, regulations, rules, policies and normative documents.
4. You promise not to engage in the following behaviors in this software and services
4.1 Interfere with or disrupt the Service or servers and networks connected to the Service, or violate any rules, procedures, policies or regulations regarding the connection to the Service;
4.2 Adding, deleting, or changing the functions or operating effects of the software by modifying or forging the instructions and data in the operation of the software, or operating or disseminating the software and methods used for the above purposes to the public, regardless of whether these behaviors are for commercial purposes;
4.3 Interfere with the Software and its components, modules, data, etc., by yourself, by authorizing others or by using third-party software.
4.4 The Software shall not be copied, modified, compiled, integrated and modified by reverse engineering means (including but not limited to source programs, target programs, software documents, data running in local computer memory, data from the client to the server, server data, etc.), and the original functions of the Software shall not be modified or added without permission
5. You fully understand and agree that you must be responsible for all behaviors under your account
This includes any content you post and any consequences arising therefrom. You shall make your own judgment on the content you come into contact with when using this service, and bear all risks arising from the use of the content, including the risks arising from reliance on the correctness, completeness or practicability of the content. Nanjing Control Network Technology Co., Ltd. cannot and will not be liable for any loss or damage caused by the foregoing risks.
4. Force majeure
You understand and agree that in the process of using this service, you may encounter force majeure and other risk factors, which may cause the service to be interrupted, and we will not be liable for the damage and consequences caused thereby, but we will fulfill the notification obligation and strive to cooperate with the relevant units in the first time to repair it in a timely manner. Force majeure and unexpected events refer to objective events that are unforeseeable, insurmountable and unavoidable and have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, plague epidemics, etc., as well as social events such as wars, turmoil, government actions, interruption of telecommunications trunk lines, hackers, network congestion, technical adjustments of telecommunications departments and government control, etc.
5. Scope of use
In principle, this service is only available to users in mainland People's Republic of China and whose server is located in the map of Chinese mainland. If you are located outside the mainland of the People's Republic of China, or your application is provided to end users outside the mainland of the People's Republic of China, or your use of the Service is subject to the laws of other countries or regions other than the laws of the People's Republic of China, please notify us in writing of the details, and we have the right to decide whether to provide you with the Service. If you fail to fulfill the aforesaid notification obligations or conceal relevant facts from us, resulting in your or the Chence Service Provider violating the relevant laws and regulations, you shall bear all the responsibilities and consequences, and shall compensate the Chence Service Provider for all losses caused thereby. If you use this service outside Chinese mainland without our prior written permission, you shall bear all risks, consequences and responsibilities, and shall also compensate us for the losses caused thereby.
6. Miscellaneous
1. The content of this Agreement includes the text of this Agreement, various policies, rules, statements, notices, and reminders (hereinafter referred to as the "Rules") that have been published or may be issued in the future, including the "Qince Privacy Agreement". The foregoing rules are an integral part of this Agreement and have the same legal effect as this Agreement.
2. The establishment, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of People's Republic of China mainland China.
3. This agreement is signed in Jianye District, Nanjing City, Jiangsu Province. In the event of any dispute or controversy between the user and Chence, it shall first be resolved through friendly negotiation; If the negotiation fails, the user agrees to submit the dispute or controversy to the people's court with jurisdiction in the place where this agreement is signed.
4. The titles of all clauses of this Agreement are for convenience only and have no actual meaning, and cannot be used as the basis for the interpretation of the meaning of this Agreement.
5. No matter what the provisions of this Agreement are partially invalid or unenforceable for any reason, the remaining provisions are still valid and binding on both parties.
[Appendix A: Thailand Regional Special Terms]
This Appendix is an integral part of the "Diligence User Agreement." If the content of this Appendix conflicts with the main agreement, this Appendix shall prevail.
1. Applicable Law and Dispute Resolution
For Thai users, disputes involving personal data protection and consumer rights shall prioritize the application of Thai law and be adjudicated by a court with jurisdiction in Thailand.
2. Special Compliance Instructions for Minors
For minors under the age of 20 (unless adult status has been obtained through marriage), the use of this Service requires the consent of parents or guardians.
3. Prohibited Content
You promise to strictly abide by local laws during the use of the Service, and it is strictly prohibited to publish illegal content that profanes the monarchy or threatens national security.
[Appendix B: Indonesia Regional Special Terms]
This Appendix is an integral part of the "Diligence User Agreement." If the content of this Appendix conflicts with the main agreement, this Appendix shall prevail.
1. Applicable Law and Dispute Resolution
For Indonesian users, any dispute involving this Agreement, if unable to be resolved through negotiation, may be submitted to a local Indonesian court or an arbitration institution agreed upon by both parties.
2. Special Compliance Instructions for Minors
If you are a minor as defined by Indonesian law, you must read this Agreement with the participation of parents or legal guardians and obtain their explicit written or electronic confirmation before using it.
3. Prohibited Content
Indonesian users are strictly prohibited from using this Service to spread any content involving race, religion, skin color, false information, inter-class discrimination, or defamation of others; otherwise, we will immediately terminate the service and cooperate with the authorities in the investigation.
4. Special Agreement on Termination of Agreement
According to Article 1266 of the Indonesian Civil Code, terminating a contract through judicial channels is a default requirement. Both parties hereby explicitly agree to waive the application of the provisions of Article 1266 of the "Indonesian Civil Code," which means that for any user who violates this Agreement, we have the right to directly terminate the service, cancel the account, or take other breach of contract penalty measures without a court judgment.
5. Agreement Language
This Agreement supports multi-language translations. According to Law No. 24/2009 of Indonesia, agreements signed with Indonesian subjects need to have an Indonesian translation. In the event of a dispute, the Indonesian version shall prevail (or according to the interpretation method agreed upon by both parties).