Nihaojewelry | Terms of Use

Last updated: December 29, 2023

Thank you for using Nihaojewelry! These Terms of Use ("Terms") contain the rules and restrictions that govern your use of our applications, products, services and websites ("Services"). These Terms form a binding agreement between you and us. By completing the registration process and/or browsing the Services, you represent that (1) you have read, understand and agree to be bound by the Terms; (2) you are of legal age to form a binding contract with us; (3) you have the authority to enter into the Terms personally; and (4) if you are using the Services on behalf of a company or other entity, (a) you agree that “you” includes you and that entity, (b) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (c) you agree to these Terms on the entity’s behalf. You should not access or use the Services unless you agree to be bound by all of these Terms.

1. Overview

1.1 These Terms are between you and Hangzhou Nihao Technology Co., Ltd., an china company.

1.2 Hangzhou Nihao Technology Co., Ltd. is referred to in these Terms and Policies (as defined below) as "we" or "us". For purposes of these Terms and Policies, we also refer to:

• Our website and mobile apps, which may offer features, products, services or content, including exchanges of information, as “Nihaojewelry” or “our app”;
• End users, including visitors to Nihaojewelry and those who use Nihaojewelry to purchase products as "you."

1.3 We and our affiliates provide technical and operational support for our app. You may pay for multiple orders in one transaction on Nihaojewelry. Multiple orders may be delivered together in one package.

1.4 Your use of, and participation in, certain Services may be subject to additional policies we may publish from time to time (“Policies”), including our Privacy Policy. If the Terms are inconsistent with the Policies, the Policies shall control with respect to the relevant subject matter.

1.5 We reserve the right to make modifications to these Terms that do not affect this Section 1.5 or our main performance obligations and are not equivalent to the conclusion of a new contract. Such modifications will be posted at the “Terms of use” links in the Nihaojewelry website footer and in the “Settings” menu in the Nihaojewelry app.  The modifications will only form part of these Terms upon acceptance by you. We will inform you of modifications using the e-mail address associated with your Account. If you do not object to the modified Terms within four weeks, you shall be deemed to have accepted. When we e-mail you regarding modifications to the Terms, we will inform you of the conditions under which they will be deemed accepted by you.

2. User Requirements and Registration

2.1 To use the Services, you represent that you are at least eighteen (18) years old and of legal age to form a binding contract. Products for children's use may be sold on Nihaojewelry. However, these products are intended for sale to adults. Certain products may be intended for individuals of certain ages or "mature audiences" only. By ordering such products, you certify that you are old enough to view, use, own, or receive them. We are not responsible for third-party content that you may find offensive, indecent, or objectionable.

2.2 You may not use the Services if: (a) you cannot enter into a binding contract with us; or (b) you are banned from using the Services by us for violating these Terms or based on other reasonable grounds.

2.3 You may be required to create an account, and select a password and user name. When creating your account on Nihaojewelry (“Account”), you agree to provide true, accurate, complete, and updated information about yourself, including contact details. You are responsible for keeping your registration information with us up to date. You are responsible for all activities that occur under your Account.  You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors.  You may not select as your user name a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your Account to anyone else without our prior written permission. You agree not to create an Account or use the Services if you have been permanently banned from any of the Services. You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security and to exit from your Account at the end of each session.  When you create an account, the details regarding the contract for the Account are displayed for confirmation prior to sending the registration request and you can correct registration information up until sending the request. We reserve the right to accept or reject all registration requests and there shall be no claims to registration. The contract relating to your registration on Nihaojewelry becomes valid when we confirm your registration via email or otherwise.  

2.4 You may also register an Account by connecting through a social network service account and its credentials (an “SNS Account”). If you access the Services through a SNS as part of the functionality of the Services, you may link your Account with SNS Accounts by allowing us to access your SNS Account, as is permitted under the applicable terms and conditions that govern your SNS Account. You represent that you are entitled to grant us access to your SNS Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your SNS Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such SNS. By granting us access to any SNS Accounts, you understand that we may access, make available and store (if applicable) any Content (as defined below) that you have provided to and stored in your SNS Account (“SNS Content”) so that it is available on and through the Services via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be User Submissions for all purposes of the Terms. Depending on the SNS Accounts you choose and subject to the privacy settings that you have set in such SNS Accounts, personal information that you post to your SNS Accounts may be available on and through your Account on the Services. Please note that if a SNS Account or associated service becomes unavailable, or our access to such SNS Account is terminated by the SNS, then SNS Content will no longer be available on and through the Services. You have the ability to disable the connection between your Account and your SNS Accounts at any time by accessing the “Settings” section of the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONAL INFORMATION THAT MAY BE PROVIDED TO US BY SUCH SNS PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SNS ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.

2.5 The applicable language of these Terms is the language version that corresponds to your chosen country/region on Nihaojewelry.

2.6 The current version of these Terms shall always be displayed, and you are authorized to print or save electronic copies.

3. Rules and Restrictions

3.1 You agree to use the Services for your own use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms, the Policies, and all laws and regulations applicable to you. If your use of the Services is prohibited by any applicable laws, then you are not authorized to use the Services. We are not responsible if you use the Services in a way that breaks the law.

3.2 You are liable for all damages caused by third-party use of your account unless you are not at fault for such third-party use. Therefore, you must protect the security of your account and password and not share them with any third party. You must notify us immediately of any unauthorized use or security breach of your account.

3.3 You must not create multiple accounts.

3.4 Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through the Services may be governed by separate rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

3.5 When using the Services, you agree and undertake not to take any action or make available any User Submissions through the Services that may:

(1) infringe or violate another person’s rights, including intellectual property rights;

(2) violate any of these Terms, the Policies, or applicable laws and regulations;

(3) engage in any unlawful, harmful, abusive, misleading, false, fraudulent, deceptive, threatening, harassing, defamatory, libelous, pornographic, obscene, profane or otherwise objectionable or discriminatory conduct;

(4) circumvent or attempt to circumvent any of these Terms, the Policies or other rules relating to the Services including the Promotions;

(5) constitute unauthorized or unsolicited advertising, or junk or bulk e-mail;

(6) collect personal data from other users or use any such information collected from the Services;

(7) engage in any conduct that is likely to cause a security breach of your account;

(8) obtain another user’s password, account, or other security information;

(9) use a third party's credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or your affiliation with any person or entity;

(10) violate or interfere with the proper functioning or security of any computer network;

(11) run any form of auto-responder or "spam" on the Services, any process that runs or is activated while you are not logged into the Services, or any process that otherwise interferes with the proper functioning of the Services (including by placing an unreasonable load on the Services' infrastructure through overloading, “flooding,” “mail bombing” or crashing the Services);

(12) potentially harm the Services, including but not limited to the violation of any security features of the Services, use of manual or automated software or other means to access, "crawl," "scrape," or "spider" any page, data, or portion of or relating to the Services or the introduction of viruses, worms or similar harmful code into the Services;

(13) copy or store any significant portion of the content on the Services without written consent from us;

(14) decompile, reverse engineer, or otherwise obtain the source code or underlying ideas or information of or relating to the Services;

(15) buy any products which you are not legally allowed to purchase or use;

(16) abuse any promotions, discounts, or other benefits offered by us, or manipulate the price of any listed products or interfere with listings; or

(17) attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list.

In addition to any other remedies available to us, a violation of any of the foregoing is grounds for:

(1) removal or refusal to post any User Submission;

(2) cancellation of your purchases of products;

(3) cancellation of Rewards or payments due from us; and/or

(4) suspension or termination of your access or use the Services.

If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled to disclose any information or materials on or in the Services, including User Submissions, in our possession in connection with your use of the Services to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms and Policies, (iii) respond to any claims that a User Submission violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of us, our users or the public, and all enforcement or other government officials, as we reasonably believe to be necessary or appropriate.

4. Privacy

4.1

Our Privacy Policy provides information about how we collect, use, and disclose your personal information when you access, visit or use the Services. In connection with your use of the Services, you acknowledge and agree that we may collect, access, use, preserve and disclose your personal information (including your account and user information) as described in our Privacy Policy. The Privacy Policy is part of and is governed by these Terms and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy.

5. Communications

5.1 You consent to receive communications from us electronically, such as emails, texts, mobile push notices, and notices and messages on or through the Services (“Push Messages”), and where required by law, we will obtain your opt-in consent to deliver such Push Messages. You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. Please check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Push Messages from us. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Services on your mobile device, including for your receipt of Push Messages. You also acknowledge and agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that we provide to you electronically constitute and shall have the same legal effect as “in writing.”

5.2 You agree that we may communicate with you at any email address or telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vi) notify you regarding order, payment and delivery updates; (vii) send you authentication texts; or (viii) as otherwise necessary to service your Account or enforce these Terms, the Policies, applicable laws and regulations, or any other agreement we may have with you. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send.

5.3 If you would like to receive our marketing materials via mobile texts and alerts, you may sign up to do so. By signing up, you provide your consent to receive promotional messages or other mobile messages from or on behalf of us, including one-time passcodes, notifications regarding your orders, our promotional messages, and abandoned cart reminders (enabled by using cookies we collect as described in these Terms) at the mobile number you provide us. Opting in for a program does not entail automatic opt-in for another. Message frequency varies and carriers are not liable for any delays or undelivered messages. Message and Data Rates may apply. You acknowledge that you are not required to consent to receive marketing texts as a condition of using the Services. If you wish to opt out of SMS texts from us, you can reply STOP to the corresponding number from your mobile device receiving the messages. However, you acknowledge that opting out of receiving texts may impact your use of the Services. If you would like to resume the subscription, reply UNSTOP to the corresponding number. We will not share your consent, opt-in and opt-out records with any third parties other than text messaging service providers and aggregators. You may also reply “HELP” for assistance. For further assistance, please contact us 1) if you are using a Nihaojewelry website, at the appropriate email address on the “Contact us” page linked in the website footer, and (2) if you are using a Nihaojewelry application, through the “Customer support” section in the “You” menu at the bottom of the home page.

5.4 If you wish to opt out of marketing emails, you can unsubscribe from our marketing email list by following the unsubscribe options in the marketing email itself.

5.5

Our communications with you may be through a third-party service provider. You acknowledge and consent that, subject to our Privacy Policy, your communications with us or our agents may be recorded, monitored and stored for quality control and training purposes, or to protect your and/or our interests.

6. User Submissions

6.1 “User Submission” means anything posted, uploaded, shared, submitted, stored, or otherwise provided by you through the Services, including suggestions, comments, reviews, ratings, photos, videos, or other feedback or materials, and may be viewable by other users. Any User Submission posted by you in your Account may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by us in our sole discretion.

For all User Submissions, you grant us a fully paid, royalty-free non-exclusive, transferable, sublicensable, worldwide right (including any moral rights) and license to use, license, store, display, reproduce, save, modify (e.g. to make sure the User Submission is viewable on different systems and devices), create derivative works, publicly perform, publicly display, distribute, translate, or otherwise act with respect to such User Submissions as we determine is necessary to operate, market, and advertise the Services, including to present, display, or perform such User Submissions in accordance with your preferences, always in accordance with applicable data protection law.

6.2 You acknowledge and agree that all User Submissions (including the user name under which you made them) are non-confidential and non-proprietary. We may freely display, disclose, reproduce, modify, license, transfer, distribute and otherwise use the User Submissions to operate Nihaojewelry or provide the Services, without compensation to you.

6.3 You warrant that you own or otherwise control all rights to the User Submissions and that our use of any User Submission will not infringe upon or violate the rights of any third party or violate any of the rules and restrictions contained in these Terms (including those included in Section 3 herein).

6.4 We do not endorse User Submissions and they do not represent our views. We expressly disclaim any liability for User Submissions or damages resulting from them. We expect users to maintain a high level of integrity when submitting User Submissions that are viewable by other users, especially with respect to ratings and reviews of products. You undertake that the User Submissions that are viewable by other users are made truthfully in good faith and based only on your first-hand experience. You further undertake that you will prominently indicate if a User Submission was sponsored or paid for in any way. You acknowledge that we have no obligation to pre-screen User Submissions, although we reserve the right to pre-screen, refuse, exclude or remove any User Submission. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring.  In the event that we pre-screen, refuse, exclude or remove any User Submissions, you acknowledge that we will do so for our benefit, not yours. Without limiting the foregoing, we shall have the right to remove any User Submissions that violate the Terms or are otherwise objectionable.

7. Ownership

7.1 You acknowledge and agree that all materials displayed, performed, or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and User Submissions (collectively, "Content") are protected by copyright and/or other intellectual property laws throughout the world. You undertake to comply with all copyright notices, trademark rules, information, and restrictions contained in the Content, and not to copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise use for any purpose any Content not owned by you without the prior consent of the owner of that Content.

7.2

We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing upon another person’s intellectual property rights and to terminate the accounts of the alleged infringers. See our Intellectual Property Policy to learn how to report potentially infringing content.

7.3 You acknowledge and agree that we own or license the Services. You undertake not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services, except as expressly provided in this Section 7.

7.4 Subject to your compliance with these Terms and all applicable policies, rules, and guidelines, and your payment of any applicable fees, we or our content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services for the sole purpose of using Nihaojewelry. All rights not expressly granted to you in these Terms or any policies or guidelines are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted by us terminate if you do not comply with these Terms or any applicable policies, rules, or guidelines.

7.5 You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You may not solicit, advertise for, or contact in any form users for employment, contracting or any other purpose not related to the Services facilitated through Nihaojewelry. If you violate this provision, we reserve the right to refuse service, terminate accounts, and/or cancel purchase transactions in our discretion.

8. Responsibilities; Third Party Risks

8.1 You acknowledge and agree that any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person that posted or transmitted such Content. You access and use the Content, and interact with other users, at your own risk. We are not responsible for any errors, mistakes, omissions, inaccuracies in the Content. We do not control the Content and have no duty to take any action regarding how you may interpret, use or react to the Content. We have no obligation to review or monitor, and do not approve, endorse, or make any representations or warranties with respect to, Content. You also understand that we cannot guarantee the identities of the users with whom you interact while using the Services and are not responsible for which users gain access to the Services.

8.2 You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights to contribute such Content to the Services in such manner.

8.3 The Services may contain links or connections to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or services. In addition, we will not and cannot monitor, verify, censor, or edit the content of any third-party website or service. You acknowledge and agree that we are not responsible for any risks resulting from your access or use of any third party websites or services. We encourage you to be aware when you leave the Services and to read the terms of use and privacy policy of each third-party website or service that you visit or use.

8.4 Your interactions with other users, other entities or individuals as a result of your use of the Services, including communications, payments, performances and deliveries, are solely between you and such third parties; provided, however, that we reserve the right, but has no obligation, to intercede in such interactions. You should make whatever investigation and/or seek whatever professional advice as you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You acknowledge and agree that we are not responsible for any loss or damage incurred as the result of such interactions. You agree that we will not be responsible for any liability incurred as the result of such interactions.

8.5 It is a material breach of these Terms to arrange for the sale of listed items from, or the payment of fees to, third parties outside the context of Nihaojewelry for the purposes of circumventing the obligation to pay the fee for products purchased through the Services.

9. Disclaimer

9.1 We are not liable for any claims or disputes that may arise between users of Nihaojewelry,. If there is a dispute between you and another user, or any third party on Nihaojewelry, we are under no obligation to become involved.

10. Purchases

10.1 You are responsible for reading the full product listing before purchasing a product. By confirming your purchase, you agree to pay all applicable fees, taxes, shipping costs and other amounts associated with your purchase. Further, to the extent applicable, you acknowledge your responsibility for sales tax, VAT and customs duties. When you place an order and the order is being shipped to you, the title for product pass to you upon delivery of the product to the carrier. You agree that, where applicable, you will act as the importer of the products purchased and you hereby authorize us to appoint a freight forwarding agent to act as your direct representative and pay any sales tax, VAT and customs duties on your behalf. Please note that sales tax, VAT, customs duties, and similar charges collected at the time of purchase are estimated values and may be subject to change depending on applicable laws. If additional amounts are assessed, you are responsible for them. We will not be liable if a product is delayed or denied customs clearance as a result of your failure to pay such amounts.

10.2 While we strive to provide accurate information on Nihaojewelry, typographical errors, inaccuracies, or omissions that relate to pricing, product descriptions, availability, and offers may occur. Subject to applicable law, we reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel orders or parts of orders if any information on Nihaojewelry is inaccurate at any time without prior notice, including after your order has been submitted or your receipt of an order confirmation or shipping notice. You should not rely on the strike-through price in your purchase decision. If comparing prices is important to your purchase decision, you should do your own comparison before making a purchase.

10.3 Please check all descriptions and restrictions regarding the product you are interested in thoroughly before you place your order. If you have any special circumstance (e.g., a medical or health condition and/or special need) that may affect or be affected by the product you wish to purchase, it is solely your responsibility to inform us before you place your order.

10.4 We make reasonable efforts to ensure the color display of the products on Nihaojewelry is as accurate as possible. However, we cannot guarantee that your monitor’s display of any color will be an accurate depiction of the color of the product you selected to purchase.

10.5 You acknowledge that the products are in conformity with the transaction or intended purchase if they: (i) comply with the description provided on Nihaojewelry and possess the qualities presented on Nihaojewelry; (ii) are fit for the purposes for which goods of such kind are normally used; and (iii) are of the quality and performance which are normal in goods of the same type and which can reasonably be expected.

10.6 In order to make purchases, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. You must promptly update your account with any changes related to your payment method. BY PROVIDING INFORMATION FOR A PAYMENT METHOD, YOU AUTHORIZE US OR OUR AGENTS OR PAYMENT SERVICE PROCESSORS TO CHARGE THE PAYMENT METHOD FOR: (A) AMOUNTS DUE FOR PURCHASED PRODUCTS; (B) ANY AND ALL APPLICABLE CUSTOMS, TAXES AND SHIPPING COSTS; AND (C) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES. We may decline, freeze or hold your transaction for any reason, including for suspected fraud, anti-money laundering and sanctions compliance, or if we believe your transaction poses a risk to us or any third party.

10.7 Payment Processors may charge you fees for your purchases made through Nihaojewelry. Such processing fees will be disclosed to you via Nihaojewelry. Your use of the Services and the payment processing provided by the Payment Processor is subject to your agreement with the Payment Processor, as may be modified from time to time. As a condition of using the payment services, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor.

10.8 Your payment obligations are fully fulfilled once your payment of the agreed price is received.

11. Refunds, Exchanges and Related

11.1 We assist you with customer services support involving payment, return, refund and other areas in connection with your purchase of products.

11.2

We want you to be satisfied with your purchases through the Services. For all the products purchased on Nihaojewelry, you may be entitled to a return and refund. For details of return and refund, please visit our Return and Refund Policy. Please follow the instructions in the policy if you want to request a refund. You acknowledge and agree that we may issue a refund to you in accordance with the Return and Refund Policy.

Unless otherwise described in the Return and Refund Policy, the refund will not cover customs, taxes, or any return shipping costs you may incur in the refund process.

12. Rewards

12.1 You may receive credits, coupons, cash, gifts or other kinds of reward by use of the Services (collectively, “Rewards”). Some rewards may only be used for discounts on or payment for eligible purchases on or through the Services (but note that not all products may be eligible) and cannot be redeemed for cash, except in jurisdictions where required by law. You should read carefully the information and applicable rules regarding different kinds of rewards.

13. Ending Our Relationship

13.1 You are free to stop using the Services at any time. We are also free to terminate or suspend your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Even after your use of the Services is terminated or suspended, these Terms will remain enforceable against you and any unpaid amount you owe to us will remain due.

13.2 If your account is terminated, all Content and Rewards associated with your account will be forfeited and cancelled. You should try to use any remaining Rewards before the date on which such termination becomes effective.

13.3 All provisions of the Terms which by their nature should survive, shall survive termination of these Terms, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

14. LIMITATION OF LIABILITY

14.1 We shall only be liable towards you with respect to our contractual obligation to provide the Services. In no event shall we be liable for any actions or omissions of any third parties.

14.2 Our liability towards you is governed by the following rules:

(1) We assume unlimited liability for damages caused wilfully or as a result of gross negligence by us, by our employees, and by our vicarious agents, as well as in the event of fraudulent non-disclosure of defaults, explicit guarantees, and damages arising from personal injuries (life, body and health).

(2) We shall only be liable for other damages if they result from a violation of an obligation that must be observed to make the due performance of the agreement possible and the observation of which the other party to the agreement can usually rely. At the same time, the liability for such other damages is limited to those damages that are deemed typical for this type of contract and foreseeable. Possible liabilities according to product liability law remain unaffected. Any further liability is excluded.

(3) We do not warrant or assume liability for obligations according to facilitated contracts with any third parties.

(4) Furthermore, we shall not be liable for the accuracy, reliability, or completeness of the Content provided by us on Nihaojewelry free of charge or any damages that may arise from such Content.

15. Indemnity

15.1 You agree to indemnify us against any and all claims asserted by other users or other third parties against us based on the infringement of their rights by your use of the Services or your violation of these Terms. In indemnifying us under this Section, you shall bear our costs of necessary legal defense. This does not apply if you are not responsible for such claim. In the event of an indemnified claim under this Section 15, you must provide us immediately and accurately all information necessary for the examination of the claims and a defense.

16. App Stores

16.1 Application License. Subject to your compliance with the Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Nihaojewelry mobile application (“Application”) on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.

16.2 App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”).  You acknowledge that the Terms are between you and us and not with the App Store. We, not the App Store, are solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).  In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access.  You also agree to pay all fees (if any) charged by the App Store in connection with The Services, including the Application.  You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce it.

16.3 Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

(1) You acknowledge and agree that (i) the Terms are concluded between you and us only, and not Apple, and (ii) we, not Apple, are solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(2) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(3) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Apple and us, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

(4) You and we acknowledge that, as between Apple and us, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(5) You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Apple and us, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.

(6) You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary.

(7) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

17. General

17.1 Assignment. You may not assign, delegate, or transfer these Terms, or your rights and obligations hereunder, to any other person in any way (by operation of law or otherwise) without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may transfer, assign, or delegate these Terms and its rights and obligations hereunder to any other person without your consent.

17.2 Unforeseen Events. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17.3 Choice of Law. If you are a resident of a country in the European Union, then these Terms and any dispute of any sort that might arise between you and us hereunder will be governed by the laws of such country. If you are a resident of a country outside of the European Union, then these Terms and any dispute of any sort that might arise between you and us hereunder will be governed by the laws of china. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the agreement between you and us or these Terms.

17.4 Online Dispute Resolution. The European Commission provides an internet platform for the online settlement of disputes (the "ODR platform"). The ODR platform can currently be accessed at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration bodies insofar as the Service or Application falls within the scope of this regulation.

17.5 Notice. You acknowledge and agree that we may give notice to you through email using the latest email address you provided to us, which constitutes effective notice. Therefore, you are responsible for keeping your email address information with us up to date. You may give notice to us at the following address:

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Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or regular postage prepaid mail at the above address.

17.6 Waiver. Our failure to respond to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

17.7 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

17.8 Third-Party Beneficiaries. There are no third-party beneficiaries intended under these Terms.

17.9 Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.

17.10 Translation.  The translated versions of these Terms of Use, Privacy & Cookie Policy, Intellectual Property Policy or any other terms or policies, are provided for your reference only. If there are any discrepancies between the English version and versions in other languages, the English version shall always prevail.