Terms and Conditions
1. Welcome
Welcome to DSWinning.com (the “Site”)! Please read these Terms and Conditions ("Terms") carefully as they constitute a binding legal agreement entered into between you （“User”）and DSWinning("us", "we", "our", "DSWinning"). Any services offered by DSWinning through the Site are referred to in these Terms as the “Services”. By using this Site or signing up for an account, you agree to the following Terms. These Terms may be revised, updated, or modified at any time without prior notice. Your continued use of the Site and/or Services following any such change constitutes your agreement to be bound by the Terms as changed. It is suggested you check back frequently for updates.
You hereby represent and warrant that (i) you are at least 18 years, or at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account, (ii) you are lawfully able to enter into and perform a legally binding contract,(iii) if you are entering these Terms, that you are authorized to do so, and agree to be bound by these Terms. If you do not accept and agree to be bound by all of the provisions in these Terms, do not access or use the Site.
2. Account Terms
(a) Registration
To access certain services available on the Site, you must register for an account (“Account”). We provide the service described in these Terms and any additional material we may provide or make available related to the Site.
When registering for an account (“Account”), you agree to provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account. DSWinning may reject your application for an Account for any reason, in our sole discretion. You confirm that any Services that we provide you are for the purposes of carrying on a business activity and not for any personal or household purpose. You further agree to be responsible for: (i) maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or use of the Site; and (ii) all activities that occur under such password(s) or Account(s). You are responsible for notifying us of any unauthorized use of your password or Account, or any breach in security of the Site, of which you become aware. shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section, or for any delay in shutting down your Account after you have reported a breach of security to us.
(b) Free Trial
All new registered Users shall receive a free trial of our service. You acknowledge that this free trial offer may be extended, withdrawn, canceled or changed and DSWinning reserves the right to institute charges and Service Fees at any time, at our sole discretion, upon thirty (30) days prior notice to User (which may be sent by email).
(c) Cancellation
To the extent permitted by law, we can terminate or suspend your account immediately or not renew your Subscription, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms, violate any applicable law, get involved in fraud or misuse of the Site, or is harmful to our interests or another user.
(d) Effect of Cancellation
Upon termination or cancellation of your account, your right to use the Service will immediately cease.
All provisions of the Terms, which by their nature should survive beyond their terms, shall remain in force after any termination or expiration of these Terms, including, without limitation, this section, Use of Site and Intellectual Property, Indemnification, Disclaimer and Limitation of Liability, and Governing Law.
3. Privacy Obligations
In order for DSWinning to provide its Services to your customers, we require certain information (“Customer Personal Information”). For example, in order to process orders and deliveries of your customers, we require the name, delivery address, order details, and payment details of your customers. You are solely responsible for obtaining valid consent from each of your customers in compliance with applicable privacy laws to collect Customer Personal Information and transfer it to us. You understand and acknowledge that DSWinning is relying on you to obtain valid consent in order for us to provide the requested Services on your behalf. We will only process Customer Personal Information for the purposes of fulfilling the customer’s online order and for no other purposes. You acknowledge and understand that DSWinning is a processor or service provider as considered under applicable privacy laws and you are the controller or privacy organization accountable for the Customer Personal Information.
2. Use of Site, Compliance with Laws, and Intellectual Property
Without limiting any other provisions set out in these Terms, you agree that you will not use the Site or any of the Services in a manner that would violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding Anti-Spam Legislation, privacy, human rights, export control, consumer protection, unfair competition, anti-discrimination, false advertising, patent, trademark, trade secret, copyright, or other intellectual property and other legal rights.
Subject to your compliance with these Terms, DSWinning grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make use of the Site and Services for the purposes of carrying on a business activity and not for any personal use. This licence does not include the right to reproduce, duplicate, sell, resell or exploit any part of the Site or Services without the express written consent of DSWinning; nor does it include the right to any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools. For certainty, the use of automated systems or software to extract data from this Site (commonly referred to as “screen scraping”) is strictly prohibited.
This Site is a product discovery service, which provides a searchable historical archive of products and ads available on the internet to you. All rights in and to each product made available through this Site and any related specifications, instructions, images, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, belongs to the content provider and not DSWinning. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products. In the event that you wish to use any such intellectual property, including any images, product listings or descriptions, you are solely responsible for obtaining all necessary third party licenses and permissions to do so.
This Site contains valuable trademarks, names, package designs, copyrighted works and other proprietary material (“Proprietary Material”) that are owned by DSWinning, licensed to DSWinning, or otherwise provided by a third party to DSWinning. All Proprietary Material on this site is protected by Chinese and international intellectual property laws.
To the extent that you upload any content to the Site for the purposes of utilizing certain Services offered to you, the intellectual property rights over such materials remain yours. You represent, warrant and agree that (i) you are solely responsible for obtaining all necessary third party licenses and permissions regarding any content that you submit or upload onto the Site; and (ii) any content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party.
All rights not expressly granted to you in these Terms are reserved and retained by DSWinning or its licensors, suppliers, publishers, or other content providers.
5. Security
Your safe and secure online experience is our top priority. As such, we routinely monitor the Site for suspicious activity and use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
However, internet transmission of information is not always secure. While we try to do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. You agree that any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
You are prohibited from attempting to circumvent and from violating the security of this Site, including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting DSWinning’s ability to monitor the Site; and (f) otherwise attempting to interfere with the proper working of the Site.
6. Indemnification
You agree to defend, indemnify and hold harmless DSWinning and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your Account; b) a breach of these Terms by you or any person using your Account; (c) the negligence or wilful misconduct by you or any person using your Account or (c) any failure by you to comply with any applicable law or any violation by you of any rights of a third party.
7. Disclaimer and Limitation of Liability
THE CONTENT ON OUR SITE AND PROVIDED BY OUR SERVICES ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY. IT IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED ON AN "AS-IS" AND “AS-AVAILABLE” BASIS. AS A USER OF THE SERVICES, YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. TO THE EXTENT PERMISSIBLE BY LAW, WE DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THESE TERMS, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE.
ANY PRODUCTS DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
DSWinning MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR DEVICE, COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR OR THAT CONTENT LOSS WILL NOT OCCUR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE OR SERVICES WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
DSWinning AND ITS REPRESENTATIVES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE OR SERVICES. YOU AGREE THAT NEITHER DSWinning NOR ITS REPRESENTATIVES HAVE ANY LIABILITY IN CONNECTION WITH THE SITE OR ITS SERVICES OR ITS CONTENT TOWARDS YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LOSS OR DAMAGE WHATSOEVER, IN PARTICULAR, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THE PARTICIPATION IN THE SUBSCRIPTION, OR ANY INCONVENIENCE, DELAY OR IMPOSSIBILITY OF ACCESS OR USE RELATING TO THE SITE, ITS SERVICES OR ITS CONTENT, OR TO THE CONTENT OF ANY RELATED SITE, OR THE FAILURE OF SUCH A SITE AND/OR RELATED APPLICATION.
YOU EXPRESSLY ACKNOWLEDGE THAT DSWinning HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AND SERVICES AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DSWinning. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
8. Links to Third-Party Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by DSWinning.
DSWinning has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. We make no representation about any other website that may be accessed from our Site. You further acknowledge and agree that DSWinning shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
You are subject to any terms and conditions of such third-party sites. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites that you visit.
9. Privacy Policy
Please refer to our Privacy Policy. You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Service.
10.Material Errors, Technical Problems or Fraud
We reserve the right to withdraw or temporarily change or suspend all or part of the Site or Services in any way, in the event of a material error, omission, technical problem, computer virus or bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond our reasonable control that interferes with the proper conduct of any aspect of the Site as set out in these Terms. Any attempt to deliberately damage the Site or to undermine the legitimate operation of the Site in any way (as we may determine in our sole discretion) could be a violation of criminal or civil laws and should such an attempt be made, we reserve the right to seek remedies and damages to the fullest extent permitted by law.
11. Governing Law
The Site, Services and these Terms shall be governed and construed in accordance with the laws of Canada applicable therein, without regard to its conflict of law provisions and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Site and under these Terms will be instituted in the courts of the province of Canada , and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
12. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
DSWinning shall have the right to assign and/or transfer these Terms of Service and DSWinning’s rights and obligations hereunder to any Third Party after notifying User as provided for herein.
13. No Waivers; Entire Agreement; and Severability
No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms along with our Privacy Policy constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Last Updated: September 23, 2022