Welcome to hospitality.buildmost.com! This Terms of Use describes the terms and conditions
applicable to your access and use of the websites at hospitality.buildmost.com or Kitchen & Hotel Supplies
platform. This document is a legally binding agreement between you as the user(s) (referred to as “you”,
“your” or “User” hereinafter) and hospitality.buildmost.com.
Part One Application and Acceptance of the Terms
A.
Your use of Kitchen & Hotel Supplies and hospitality.buildmost.com’s services,
software and products is subject to the terms and conditions contained in this document as well as the
Privacy Policy, Disclaimer, Legal Statement and any other rules and policies that
hospitality.buildmost.com may publish from time to time. All rules are an integral part of this document
and have the same legal force as the body of this document.
B.
Before you use the products or services of the hospitality.buildmost.com, please read and understand this document carefully and use the relevant products or
services after full understanding and approval. Once using the products or services of Kitchen &
Hotel Supplies platform, you have fully understood and agree to this document. If you have any questions
or suggestions about this document, please contact us at windoor@yekalon.com.
C.
This document and such other rules and policies of Kitchen & Hotel Supplies are
collectively referred to below as the “Terms”. By accessing hospitality.buildmost.com or using the
products or services, you agree to accept and be bound by the Terms. Please stop to
use the products or services of Kitchen & Hotel Supplies if you do not accept all of the
Terms.
Part Two Definition
Kitchen & Hotel Supplies Platform: It refers to
hospitality.buildmost.com.
Yekalon Group: It refers to the network and software technology service provider
of the Kitchen & Hotel Supplies platform, Yekalon Home Building Materials Co., Ltd.（Yekalon Group）
Kitchen & Hotel Supplies Platform Rules: All the rules, announcements and etc.
that have been released and subsequently released in Kitchen & Hotel Supplies platform (domain:
hospitality.buildmost.com).
Associated Company: It refers to the related enterprises directly or indirectly
controlled by the shareholders of Yekalon Group.
Part Three Scope of Agreement
A. Contract Party
This Terms is jointly concluded by you and Kitchen & Hotel Supplies. It has the same
validity of contract on you and Kitchen & Hotel Supplies.
B. Additional Agreements
Due to the rapid development of the Internet, the terms and conditions set forth in this
Terms signed by you and Kitchen & Hotel Supplies do not fully list and cover all your rights and obligations
with Kitchen & Hotel Supplies. Also, Kitchen & Hotel Supplies cannot guarantee that these terms and
conditions meet the needs of future development. Therefore, the Legal Statement, Privacy Policy, and Kitchen
& Hotel Supplies Platform Rules are additional agreements to this Terms and are inseparable from this Terms
and have the same legal force. Once using the products or services of the Kitchen & Hotel Supplies platform,
you have fully understood and agree to these additional agreements.
Part Four Member Accounts
A. Registration
a) You may not use the services and may not accept the
Terms if (i) you are not of legal age to form a binding contract with hospitality.buildmost.com, or (ii)
you are not permitted to receive any services under the laws of your local or other
countries/regions
b)User must be registered on hospitality.buildmost.com to
access or use some services (a registered User is also referred to as a “Member” below). As a condition of
your access to and use of Kitchen & Hotel Supplies, you agree that you will comply with all applicable
laws and regulations when using Kitchen & Hotel Supplies.
c)A set of Member ID and password is unique to a single
account. Each Member shall be solely responsible for maintaining the confidentiality and security of your
Member ID and password and for all activities that occur under your account. No Member may share, assign,
or permit the use of your Member account, ID or password by another person outside of the Member’s own
business entity. Member agrees to notify hospitality.buildmost.com immediately if you become aware of any
unauthorized use of your password or your account or any other breach of security of your account.
B. Account Transfer
Since the user account is associated with the user's credit information, you can transfer
the account only if there is a relevant law and regulation, a judicial ruling or the consent of BuildMost.
At the same time, it should be in accordance with the account transfer process stipulated by BuildMost
Platform Rules. Once your account has been transferred, the rights and obligations under the account will be
transferred. Besides, your account may not be transferred in any way, otherwise
BuildMost has the right to pursue your breach of the Terms, and all responsibility arising therefrom is
borne by you.
C. Real Name Certification
In order to make better use of the services of Kitchen & Hotel Supplies platform and protect
your account safety, you are required to complete the real-name certification in accordance with our local
laws and regulations.
D. Registration Information Management
a)Member will be required to provide information or
material about your entity, business or products/services as part of the registration process on Kitchen &
Hotel Supplies or your use of any service or the member account. Each Member represents，warrants and
agrees that (i) such information and material whether submitted during the registration process or
thereafter throughout the continuation of the use of hospitality.buildmost.com or the service is true,
accurate, current and complete, and (ii) you will maintain and promptly amend all information and material
to keep it true, accurate, current and complete.
b)If any Member breaches any Terms, or if
hospitality.buildmost.com has reasonable grounds to believe that a Member is in breach of any Terms,
hospitality.buildmost.com shall have the right to impose limitations on, suspend or terminate the
Member’s use of hospitality.buildmost.com or the service without being liable to the Member.
Without limiting the generality of the provisions of the Terms, a Member would be considered as being in
breach of the Terms in any of the following circumstances:
i) hospitality.buildmost.com failed to contact you according to the latest contact information you
provided;
ii) hospitality.buildmost.com has reasonable grounds to suspect that any information provided by the
Member is not current or complete or is untrue, inaccurate, or misleading;
iii) hospitality.buildmost.com believes that the Member’s actions may cause financial loss or legal
liability to buildmost.com or our associated companies or any other Users.
c) The account username you set must not violate the corresponding local laws and regulations and Kitchen
& Hotel Supplies Platform Rules. Otherwise, Kitchen & Hotel Supplies can reclaim your username and make
corresponding processing according to Kitchen & Hotel Supplies Platform Rules.
c)The account username you set must not violate the
corresponding local laws and regulations and Kitchen & Hotel Supplies Platform Rules. Otherwise, Kitchen &
Hotel Supplies can reclaim your username and make corresponding processing according to Kitchen & Hotel
Supplies Platform Rules.
E. Account Safety
a)Each Member shall be solely responsible for maintaining
the confidentiality and security of your Member ID and password and for all activities that occur under
your account. No Member may share, assign, or permit the use of your Member account, ID or password by
another person outside of the Member’s own business entity. Member agrees to notify
hospitality.buildmost.com immediately if you become aware of any unauthorized use of your password or your
account or any other breach of security of your account.
Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of
your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to
hospitality.buildmost.com or other users of hospitality.buildmost.com. Member also agrees that in case of
the multiple use of your account or Member’s failure to maintain the security of your account,
hospitality.buildmost.com shall not be liable for any loss or damages arising from such a breach and shall
have the right to suspend or terminate Member’s account without liability to Member.
b) Except that Kitchen & Hotel Supplies is at fault, you
shall be responsible for the results of all actions under your account (including but not limited to
signing various agreements online, issuing information, inquiring/quoting, purchasing products, ordering
services and disclosing information, etc.).
Part Five Provision of Services
You have the right to enjoy various foreign trade and other services provided by Kitchen & Hotel Supplies on
the Kitchen & Hotel Supplies platform. Kitchen & Hotel Supplies provides a wide range of services. You can
login for more information.
A. Account Management
Due to the indivisibility of the account,
the account transfer is the transfer of the operator's account. For the relevant requirements and
restrictions of the Member's account transfer, please apply the terms of Part Four B.
Account Transfer.
B. Inquiry, procurement and comment of products and / or services
When you make an inquiry, purchase product
and / or service on Kitchen & Hotel Supplies, please carefully confirm the important information; such as
the product name, price, quantity, model, specification, size or service time, content, restrictive
requirements and etc.
C. Transaction Dispute Resolution
If you have transaction disputes with
Kitchen & Hotel Supplies, you have the right to choose the following solutions:
i) Negotiating with Yekalon Group directly;
ii) Complain to the relevant administrative department;
iii) Submitting an arbitration agreement (if any) to the arbitral institution for arbitration;
iv) Filing a lawsuit in the people's court.
Part Six Charge
A.
Kitchen & Hotel Supplies Platform invests a lot in the services provided for you. In
addition to the fee-based services explicitly stated on Kitchen & Hotel Supplies, the services provided by
Kitchen & Hotel Supplies are currently free. If Kitchen & Hotel Supplies charges you a reasonable fee in
the future, we will take reasonable steps and notify you in advance through statutory procedures before
the fee is implemented to ensure that you have the right to choose.
B.
You are responsible for all taxable charges incurred by you for trading, obtaining
paid services from Kitchen & Hotel Supplies or accessing Kitchen & Hotel Supplies servers, as well as
related hardware, software, communications, network services, and other expenses.
Part Seven Limitation of Liability
A.
Under no circumstances shall hospitality.buildmost.com be held liable for any
delay or failure or disruption of the content or services delivered through Kitchen & Hotel Supplies
resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control,
including without limitation, internet failures, computer, telecommunications or any other equipment
failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals or non-performance of third parties.
Part Eight User Information Protection and Authorization
A.
Your trust is very important to us. We recognize the importance of privacy as well as
the importance of maintaining the confidentiality of personal information. We will take appropriate
security measures as required by laws and regulations, and try our best to protect your personal
information. In view of this, Kitchen & Hotel Supplies formulated Privacy Policy. Once using the products
or services of the Kitchen & Hotel Supplies platform, you have fully understood and agree to this policy.
Therefore, before you use the products or services of the Kitchen & Hotel Supplies platform, please read
and understand this policy carefully and use the relevant products or services after full understanding
and approval. (For more information about the policy: Privacy Policy。
B.
Each Member represents，warrants and agrees that you have the appropriate and legal
rights to the information you post. Otherwise, Kitchen & Hotel Supplies may delete or block the
information you post in accordance with the law or with this agreement.
Part Nine Breaches by Members
A.
Without limiting the generality of the provisions of the Terms, a Member would be
considered as being in breach of the Terms in any of the following circumstances:
a) Violate relevant laws and regulations when using Kitchen & Hotel Supplies service;
b) Breach of this agreement or the additional agreements (that is, Part Three B. Additional Agreements).
B.
If you provide benefits such as physical, cash, cash equivalents, services,
travel, etc. to employees or consultants of Kitchen & Hotel Supplies and/or its associated companies that
are significantly beyond the scope of normal business negotiations, you may be deemed to have a commercial
bribery. In the above circumstances, Kitchen & Hotel Supplies can handle the corresponding rules according
to Kitchen & Hotel Supplies Platform Rules, and immediately terminate all cooperation with you. At the
same time, BuildMost will collect liquidated damages and/or compensation from you. These amounts are based
on the economic loss and loss of goodwill suffered by Kitchen & Hotel Supplies due to your bribery.
C.
If you are in serious breach of this agreement, for the purpose of maintaining
the order of the platform and protecting the lawful rights and interests of other users, Kitchen & Hotel
Supplies and/or its associated companies may suspend or terminate your cooperation with you under other
agreements and notify you in an effective manner as agreed herein.
D.
If it is expressly agreed in the agreements signed by you and Kitchen & Hotel
Supplies that you will be associated with this agreement, Kitchen & Hotel Supplies, for the purpose of
maintaining the order of the platform and protecting the lawful rights and interests of other users, may
suspend or even terminate this agreement upon receipt of instructions and notify you in an effective
manner as agreed herein.
Part Ten Changes to This Terms
A.
We may update this Terms from time to time in response to changing legal, technical
or business developments. When we update our Terms of Use, we will take appropriate measures to inform
you, consistent with the significance of the changes we make. We will obtain your consent to any material
Terms of Use changes if and where this is required by applicable data protection laws.
Any changes to this Terms will be communicated by us posting an amended Terms of Use on the platform. Once
posted on the platform, the new Terms of Use will be effective immediately. You can see when this Terms
was last updated by checking the “last updated” date displayed at the top of this Terms of Use.
B.
B. If you do not agree to the change, you have the right to contact Kitchen & Hotel
Supplies for feedback before the effective date of the change. If feedback is taken into account, Kitchen
& Hotel Supplies will adjust the change as appropriate. If you still disagree with a
change that has been effected, you should stop using the Kitchen & Hotel Supplies services as of the
date on which the change is determined, and the change will not have effect on you. If you continue to
use the Kitchen & Hotel Supplies service after the change has taken effect, you agree to the change that
has taken effect.
Part Eleven Effective Notice
When you register as a Kitchen & Hotel Supplies platform user and accept the Kitchen & Hotel
Supplies service, you should provide Kitchen & Hotel Supplies with valid and effective contact information
(including your email address, contact number, contact address, etc.). You are obligated to update your
contact information and maintain a status that can be effectively contacted.
The member account (including the sub-account) that you generate when you register as a Kitchen & Hotel
Supplies platform user for receiving instant messages, system messages, etc., also serves as your effective
contact information.
Kitchen & Hotel Supplies will send you various notices to one or some of the above contact ways, and the
content of such notices may have a significant beneficial or adverse impact on your rights and obligations.
Please be sure to pay timely attention to them.
You have the right to obtain commercial information such as product/service advertising information and
promotional offers that you are interested in through the mobile phone number or email address you filled in
when you registered; if you do not wish to receive such information, you have the right to unsubscribe on
Kitchen & Hotel Supplies.
You agree that all agreements, notices, demands, disclosures and other communications that Kitchen & Hotel
Supplies sends to you electronically satisfy the legal requirement that such communication should be in
writing.
Part Twelve Termination of the Agreement
A.
You have the right to terminate this agreement by either means:
a) When you meet the account cancellation conditions required by the Kitchen & Hotel Supplies platform,
you can cancel your account through the website self-service;
b) When you stop using the Kitchen & Hotel Supplies service and express your unwillingness to accept the
change of Terms and other agreements before the changes are taken effect;
c) When you express your unwillingness to continue to use the Kitchen & Hotel Supplies service and meet
the termination conditions required by the Kitchen & Hotel Supplies platform.
B.
Upon termination of this Agreement, Kitchen & Hotel Supplies shall not be obligated
to disclose any information in your account to you or to a third party designated by you, except as
expressly provided by law.
C.
Upon termination of this Agreement, Kitchen & Hotel Supplies still has the following
rights:
a) Continue to save all types of information listed in Part Eight of this Agreement that you have retained
on Kitchen & Hotel Supplies platform;
b) For your past breach of contract, Kitchen & Hotel Supplies can still hold you liable for breach of
contract in accordance with this agreement.
D.
Upon the termination of this Agreement, for the trading order that you generated
before temination of this Agreement, Kitchen & Hotel Supplies may notify the opposite party of the
transaction and decide whether to close the trading order according to the will of the counterparty of the
transaction; if the counterparty of the transaction requests to continue to perform, you shall continue to
perform the agreement of this Agreement and the transaction order for such trading orders, bearing any
loss or any additional costs arising therefrom.
Part Thirteen Hyperinks
BuildMost may allow Users to access to content, products or services offered by third
parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to
such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy
policies before using the sites. You acknowledge that hospitality.buildmost.com has no
control over such third parties' web sites, does not monitor such web sites, and shall not be responsible
or liable to anyone for such web sites, or any content, products or services made available on such web
sites.
Part Fourteen General Provisions
A.
The validity, interpretation, alteration, enforcement and dispute resolution of
this Agreement shall be governed by the laws of the Mainland of China; if there is no relevant law,
reference shall be made to commercial practices and/or industry practices.
B.
Kitchen & Hotel Supplies and you are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created
by the Terms.
C.
Kitchen & Hotel Supplies shall have the right to assign the Terms (including
all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or
entity (including any associated companies of hospitality.buildmost.com). You may not assign, in whole or
part, the Terms to any person or entity.
D.
Any dispute arising out of or relating to this Agreement or the Kitchen & Hotel
Supplies Service shall be resolved by Kitchen & Hotel Supplies with you. When the negotiation fails,
either party may file a lawsuit in the local people's court where the defendant is located.
E.
E. Headings are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. hospitality.buildmost.com’s failure to enforce any right or
failure to act with respect to any breach by you under the Terms will not constitute a waiver of that
right nor a waiver of hospitality.buildmost.com’s right to act with respect to subsequent or similar
breaches.
If you have any comments on the services we provide to you, you may contact our customer
service support line with any such feedback or questions.
