1.1 "Agreement" or "Terms and Conditions"
The following terms and conditions are the contract (hereinafter referred to as "the Agreement") between you and SMM Information & Technology Co., Ltd. (hereinafter referred to as "SMM"), which are made for the purpose of clarifying the legal relationship between the two parties and the rights and obligations, and have legal effect. This Agreement helps users understand SMM’s services and users’ rights and obligations, please read the Agreement carefully.
Persons who complete the registration process for the use of the services.
Nonferrous metal prices, metal information and historical market information services provided by SMM (including new services added by SMM from time to time).
1.4 Force Majeure
unforeseeable, unavoidable and insurmountable events including but not limited to Earthquakes, typhoons, floods, tsunamis, war, terrorism, riots, rebellion, governmental actions, failure of communication or other facilities.
1.5 Intellectual Property
Refers to the property rights enjoyed by the obligee in respect of the results created by his intellectual labor, including but not limited to copyright, trademark, patent rights, database rights and so on.
2. User Registration and Use
2.1 Eligible Users of the Services
You hereby acknowledge that, when you complete the registration process, you are a person, a legal entity or any organization that has full legal capacity and the capacity for civil conducts you purport to undertake.
If you do not possess the foregoing capacity, please do not use the services; If you register at SMM’s website on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to procure such company or legal entity to be bound by the Terms of this Agreement.
2.2 User Preparation
Users shall bear the cost of the following equipment and charges: (1) computers or other Internet terminals, modems and other Internet devices; (2) Internet expenses, including not limited to network access fees, Internet access equipment, Internet access equipment, internet access equipment, rental fees, mobile phone data charges.
2.3 User Registration Name and Password
After you fill in the information in accordance with the instructions on the registration or activation page, read and accept this Agreement and complete all the registration/activation procedures, or when you otherwise use the services of SMM’s website in methods permitted by SMM, you become bound by this Agreement. You may log in to the SMM website via the e-mail address and mobile phone number you have provided or confirmed as your login name or by other means recognized by SMM.
2.4 Registration Information
You hereby understand and agree that :
(a) You shall provide true, up-to-date, complete and accurate information including but not limited to names of natural persons, names of legal persons or other organizations, e-mail addresses, contact information, business licenses, etc.) in accordance with the requirements of SMM.
(b) After completing the procedures for registration or activation, you must correctly provide and update your information following the instructions on the corresponding webpages of this website in accordance with the laws and regulations so as to ensure the information provided is true, up-to-date, complete and accurate. If there are reasonable grounds to doubt that the information you have provided is incorrect, false, outdated or incomplete, SMM may not be able to provide the services that best suit your needs.
2.5 Account Security
You are solely responsible for the confidentiality of your SMM login name, user name and password, and all activities that occur under your login name (including but not limited to, disclosure or release of information, clicking “agree” or “submit” to accept any rules or agreements online, renewing agreements or purchasing services online, etc.). SMM cannot and will not be responsible for any losses or damages incurred as a result of your failure to comply with this provision.
3.Services and Fees
3.1 SMM provides users with metal prices, information, reports, data, and consultation (including new services from time to time, hereinafter referred to as "services"). You shall pay for some information services (such as prices, data, reports, etc.). Users shall paid a certain amount of fees to SMM when using above services. SMM will give the user a clear indication as to chargeable services before the user uses such information service. only if the user confirms that he/she is willing to accept the service and pay relevant fee, the user can use such information service. If the user refuses to pay relevant fee, SMM has the right not to provide the user with the charging information service.
3.2 SMM has the right to adjust chargeable services and fees from time to time.
3.3 SMM will make endeavor to ensure that all subscriptions or other services are priced correctly. But sometimes the error is difficult to avoid. If SMM makes a wrong price, the user has the right to cancel the order or confirm the order at the correct price.
5. Consequences of Violating the Rules
5.1 Without prejudice to any other remedies, SMM may immediately issue you with a warning, temporarily or indefinitely suspend, terminate or cancel your membership, delete any of your existing product information and any other content displayed by you on the websites, if:
(a) you breach this Agreement;
(b) SMM believes your behavior may cause any legal liability to you, SMM’s users or any third-party service providers providing service through SMM.
5.2 You acknowledge and agree that SMM has no responsibility to indemnify any losses cause by the following circumstances, including but not limited to loss of profits, goodwill, use data, or other intangible damages (regardless of whether SMM has been informed of the possibility of such damages):
(a) use or failure to use the services;
(b) unauthorized access or alteration of transmission data or data of users;
(c) any third party's statement of the service or the act regarding the service;
(d) any other matters relating to the service arising out of any cause, including negligence.
5.3 In any case, if the judiciary determines that SMM should be responsible for the loss of the user, the amount of compensation for the user should not be higher than the amount that the user has paid to SMM which has not been used yet.
5.4 The user shall be liable for any loss of SMM (including direct losses and indirect losses) due to the user and make full compensation (including but not limited to attorneys' fees, litigation costs, security fees, travel expenses) for loss of SMM.
6. Intellectual Property Claims
6.1 intellectual property rights of all systems on the website and all the contents of the website and the client's software (if any) provided to the member, including but not limited to works, images, archives, information, materials, website structure, web design, by SMM or related companies are owned by SMM and related companies, including but not limited to trademarks, patents, copyrights, trade secrets and so on.
No entity or individual is allowed to copy, transmit, display, mirror, upload, download and use such information without the permission of SMM or related companies. Any other infringement of the intellectual property rights of SMM is not allowed. Otherwise, SMM or related companies have the right to investigate the relevant responsibility for infringement.
6.2 Users agree that they shall not use any device, software or routine to intervene or attempt to intervene in the normal operation of SMM or any transactions carried out on SMM website. The user shall not take any action that imposes an unreasonable or disproportionate load on the SMM structure.
SMM may provide links to other websites or resources. You acknowledge and agree that SMM has no control over such third parties’ websites and resources, will not be responsible for the availability of such external websites or resources, does not recognize any contents, promotions, products, services or other materials obtained from or through such websites or resources, and will not be responsible or assume any responsibility for the same.
You further acknowledge and agree that SMM will not undertake any liability for any direct or indirect losses arising from (or allegedly arising from) the use of or reliance on such contents, promotions, products, services or other materials obtained from such third party websites or resources.
8.1 Please correctly provide and timely update such contact information as email, telephone number, address and postal code for effective contact. If SMM can’t contact through such contact information, you shall be fully responsible for any losses or any added fees caused in the process of you using the service. Please understand and agree that you shall have the obligation to make sure the validity of your contact information provided and make updates in accordance with the requirements of SMM in necessary.
8.2 Notice will be sent by e-mail you provide to SMM unless otherwise expressly provided. Notice shall be deemed given 24 hours after email is sent unless the sending party is notified that the email address is invalid. SMM also may send notice to your account registered on SMM English website through post message, and notice shall be deemed given 3 days after email is sent.
SMM will use its best efforts to ensure that you will enjoy your use of SMM English website. However, SMM cannot foresee all technical problems or other difficulties at all times. Such difficulties may cause data loss or other service interruptions. Therefore, you expressly understand and agree that you will individually assume the risks in using Services. SMM expressly disclaims any and all warranties of any kind, express or implied, including but not limited to any warranties of merchantability, fitness for a specific purpose and non-infringement. SMM does not warrant that:
(a) The services will satisfy your requirements;
(b) The services will not be interrupted, will be timely, secure and free of any errors;
(c) The results obtained by using the services will be accurate or reliable;
(d) The quality of any products, services, data or other materials purchased or obtained by you through the services will meet your expectation. Any material downloaded or otherwise obtained through use of the service is done at your sole discretion, and you will be solely responsible for all associated risks. You shall be solely responsible for any damage to your computer system or any loss of data that results from the download of such materials. No advice or information, whether oral or written, obtained from SMM or through or from the services shall create any warranty not expressly stated in this Agreement.
10. Force Majeure
SMM shall not be liable for any delay or failure of performance hereof as a result of events beyond the reasonable control of SMM, including but not limited to acts of God, strikes or riots, shortages of materials or rationing, rebellion, war, governmental actions, failure of communication or other facilities, or serious casualties.
11. Governing Law, Jurisdiction and General Provisions
11.1 The validity, interpretation, amendment, execution and dispute settlement of this Agreement shall be governed by the laws of the People’s Republic of China. In the absence of relevant laws and regulations, the general international business practices and/or trade practices shall apply.
11.2 You agree that SMM has the right to transfer the rights and obligations hereunder in part or in whole for the purpose of its business operation, without further notice to or consent from you. But you cannot transfer the rights and obligations hereunder in part or in whole without SMM’s written consent.
11.3 Any dispute arising out of or relating to this Agreement or the services shall be referred to the People’s Court for litigation in the jurisdiction where SMM is located.
11.4 If any provision of this Agreement are ruled as invalid or unenforceable, such provision shall be deleted, and the other Terms shall remain valid and enforced.
11.5 Headings are included for reference purposes only and shall not define, limit, construe or describe the scope or extent of such provisions.
12.1 SMM has the right to amend any terms in accordance with its business needs. If you disagree with such amendment, please terminate your use of the services immediately. Otherwise, it will be deemed that you have accepted the revised and restated terms.
12.2 You should comply with other agreements, including but not limiting to Privacy Statement, which have been or may be published in future by SMM.
12.3 If any provision of this Agreement are ruled as invalid or unenforceable and the other terms shall remain valid and enforced. Such term should be replaced by other valid or enforceable term which is the most close to either party hereto’s purposes.