Terms of Use | XPark - Infinix Authorized Retailer

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Xpark User Agreement

This agreement was last updated in August 2023

Agreement Version Number: 20230820V1

Header and Introduction

Welcome to the use of the Xpark platform and services!

Xpark User Agreement (hereinafter referred to as "this Agreement") is a legal agreement between you and INFINIX MOBILITY LIMITED (hereinafter referred to as "Xpark," "we," or "our") regarding the use and operation of the Xpark platform. We hereby remind you to carefully read and fully understand the various terms of this Agreement, especially the clauses that exempt and limit liability, privacy protection, usage rules, applicable laws, dispute resolution, and other important clauses that may be highlighted in bold or uppercase or presented in a prominent manner for your attention. You must have reached the legal age of majority required by applicable laws in your jurisdiction to access and sign this Agreement. If you have not reached the legal age of majority, please read and fully understand this Agreement with the accompaniment of your legal guardian and use the Xpark platform and related services only after obtaining explicit consent from your legal guardian.

Your voluntary choice to click "Agree" and/or your actual use of the Xpark platform and services through web pages/pop-ups constitutes your acknowledgment of having read, understood, and agreed to be bound by the terms of this Agreement. If you do not agree to this Agreement, please refrain from using any Xpark software or services.

If you have any questions or suggestions regarding this Agreement, please communicate and provide feedback through the contact email at the bottom of the Xpark official website. We are more than willing to address your concerns.

Section One: Basic Overview of this Agreement

1.1About the Services: This refers to the e-commerce services we provide to you through the Xpark platform.

1.2Scope of Application: This Agreement applies to all products and services provided by Xpark, including but not limited to applications for computers and mobile devices, mini-programs, web pages, software development kits (SDKs), application programming interfaces (APIs) used by third-party websites and applications, or any other forms that may arise in the future. Please refer to the specific services provided by Xpark for accurate details.

1.3If you are under 18 years old (or below the legal age of majority in your jurisdiction for using this platform or service), please carefully read and fully understand this Agreement in the presence of your parents or legal guardian. Your agreement to and actual usage of this platform and service implies that you have read this Agreement together with your parents or legal guardian, and you and your parents or legal guardian understand and agree to this Agreement. If you are a parent or legal guardian allowing minors to use Xpark software or services, you agree to:
(i) Supervise the minor's usage of Xpark software or services;
(ii) Assume all risks associated with the minor's usage of Xpark software or services, including but not limited to risks related to content transmission over the Internet with third parties;
(iii) Take responsibility for any liability arising from the minor's usage of Xpark software or services;
(iv) Ensure the accuracy and authenticity of all information submitted by the minor;
(v) Accept responsibility for the minor's usage of Xpark software or services as outlined in this Agreement, and be bound by this Agreement.

1.4Agreement Updates: In order to enhance your user experience and improve product security, we will continuously develop new software and services. We will also promptly provide you with software updates (including but not limited to software version upgrades, modifications, feature enhancements, etc.) or repairs. We reserve the right to modify this Agreement in accordance with applicable laws and regulations, and the updated terms of the Agreement will replace the original terms. The updated Agreement will officially come into effect after the expiration of the period stipulated by applicable laws. If applicable laws do not specify, this Agreement will come into effect from the date of the update. The updated terms of the Agreement will be published on the Xpark software and services platform, and you can review them at any time. If you continue to use Xpark software and services after the Agreement has been updated, it will be considered that you have accepted the updated terms. If you do not agree with the updated terms, you have the right to discontinue the use of Xpark products and services.

1.5Supplementary Agreements: Due to the nature of internet services, the terms stipulated in this Agreement between you and Xpark cannot comprehensively cover all your rights and obligations related to Xpark. Additionally, the existing provisions may not guarantee complete alignment with future developmental needs. Therefore, the platform rules issued by Xpark through notifications, announcements, and similar methods are considered supplementary agreements to this Agreement. These supplementary agreements are indivisible from this Agreement and hold equal legal effectiveness. Your use of Xpark platform services is considered an agreement to these supplementary agreements.

Section Two: Xpark Software and Related Services

2.1Xpark, as a software developed independently by us, offers primary services including but not limited to:

1)Providing an e-commerce platform for shoppers; offering consumers services such as browsing, collecting, purchasing, evaluating, after-sales handling, distribution, etc., for goods and/or services.

2)Providing a product display platform for store users: offering a platform for merchant users to showcase and sell their products. Please understand and acknowledge that our services may be adjusted and updated based on your needs or our operational requirements. Please refer to the real-time display of service functionalities on our platform webpage or other service interfaces (if available) for accurate information.

2.2You understand and agree that during your use of this platform and related services, we may provide you with relevant information, advertisements, brand promotions, and that we will display commercial advertisements, promotions, or information from this platform, related services, and/or third-party suppliers or partners within this platform and related services (including both commercial and non-commercial information). If you do not wish to receive personalized ads, you have the right to opt-out of these personalized ad messages. However, you may still receive non-personalized advertising messages in our products. If you receive advertisements through email or text messages, you have the right to unsubscribe.

2.3You understand and agree that we may temporarily suspend, interrupt, or cease the provision of this platform and services based on our business development or at the request of judicial, regulatory, supervisory, or other relevant authorities.

2.4Unless permitted by applicable laws and with our written authorization, you shall not use or export, or re-export this platform and its services.

Section Three: Usage Restrictions of this Platform and Services

3.1During your use of this platform and its services, you shall not engage in the following behaviors, including but not limited to:

1)Publishing, transmitting, disseminating, or storing content that violates laws, regulations, policies, social norms, public order, or public morality, such as content that insults, defames, incites violence, or violates religious beliefs. This also includes publishing, transmitting, disseminating, or storing false information, misleading advertisements, or content that deceives or negatively impacts others

2)Renting, lending, copying, modifying, linking, reproducing, compiling, publishing, releasing, or distributing the platform or similar actions.

3)Engaging in act like jailbreaking, reverse engineering, reverse assembling, or reverse compiling of this platform, or attempting to disrupt this platform in any other way; or using plugins, add-ons, or unauthorized third-party tools/services to access or interfere with this platform without our authorization;

4)Copying, modifying, adding, deleting, attaching to the operation, or creating any derivative works from the data of this platform and its services, the interaction data between the client and server during the software's operation, and the necessary system data for this platform's operation; or modifying or falsifying the instructions or data during the software's operation, altering the software's functions or performance, or operating or publicly disseminating the software or methods used for these purposes, regardless of whether these actions are for commercial purposes or not.

5)Engaging in any other activities that violate laws, regulations, policies, social norms, public order, public morality, or that are not authorized by us in writing.

3.2You shall not and agree not to, or encourage others to: replicate (except where expressly permitted under this license), reverse engineer, attempt to recreate the source code, disassemble, dismantle, attempt to export its source code, decode, modify Xpark software, any services provided by Xpark software, or any portion thereof (except to the extent that the applicable law or open-source software components incorporated within the Xpark software contain provisions that prohibit such restrictions), or create other derivative works. You agree not to remove, obscure, or alter any proprietary notices (including but not limited to trademark and copyright notices) that may be attached to or included in the Xpark software.

3.3You acknowledge and agree that information obtained during your business activities in accordance with this Agreement and its supplementary agreements is strictly confidential. This includes but is not limited to information related to marketing strategies, procedures, policies, and sales, except for information that has been publicly displayed on the platform or is publicly available. Without our prior written consent, you shall not use such information for any purpose other than fulfilling your obligations under this Agreement or supplementary agreements, nor disclose such information to any third party.

3.4You declare and guarantee that your use of Xpark shall comply with applicable export control or sanctions laws of the United Nations, China, the United States, and other jurisdictions. You assure that you are not subject to sanctions or listed on any prohibition or restriction lists. You are fully responsible for complying with the regulations related to the use of the services, including but not limited to the content you upload, process, provide, and/or offer to your end users. If you purchase any products through Xpark, you assure us that you are only using this platform service for personal consumption and legitimate purposes.

Section Four: Intellectual Property Rights and Ownership

We retain all intellectual property rights, ownership, and any rights not explicitly granted to you concerning this platform, its services, and all related information and content (including but not limited to UI interface design, images, fonts, audio, etc.). This includes but is not limited to copyrights, trademark rights, patent rights, and is subject to relevant intellectual property laws, laws against unfair competition, other applicable laws, and relevant international treaties. Without explicit authorization under this Agreement, commercial sales, copying, or licensing to any third party for the use of this platform shall require written permission from us.

The intellectual property rights of original works, such as text, images, videos, etc., that you create and upload while using our services on the platform belong to you (or are subject to separate agreements with third-party content providers). However, based on operational needs, you acknowledge that your actions of posting and uploading such information on the platform are deemed as granting us the rights to use, copy, and distribute these intellectual property rights. For the purpose of enhancing information sharing and promoting publicity, you authorize us to use the above-mentioned works on this software and our affiliated products. You also authorize us to license these works to third parties for promotional purposes. Your authorization to us and our affiliated companies does not change the ownership and intellectual property rights of the content you publish, nor does it affect your legal rights over the published content. In the case of competitive data rights obtained through lawful processing of data, we have independent usage rights without requiring your consent, unless stipulated otherwise by laws and regulations.

Section Five: Notes for Using this Platform and its Services

5.1When making purchases of products/services through the Xpark platform, it's important to carefully confirm the information, prices, quantities, models, specifications, sizes of the selected products, or the time, content, and any restrictive requirements of the services before placing an order and making payment. Additionally, ensure that your contact details, address, phone number, and recipient information are accurate when placing an order. If the recipient's information is not your own, you will be responsible for the legal consequences arising from the actions and expressions of intent by that recipient.

5.2Your purchasing behavior should be based on genuine consumption needs. If we identify any malicious purchasing or malicious rights protection activities that disrupt the normal transaction order on the platform, Xpark can take the initiative to close relevant transaction orders. In such cases, you will be responsible for any adverse consequences that may arise from these actions.

5.3If you purchase products/services provided by third-party merchants through the Xpark platform, you understand and confirm that Xpark and the service provider are separate entities. Any disputes, liabilities, or consequences arising from the products, services, or related content provided by the service provider, or any consequences arising from the service provider's violation of relevant laws, regulations, or provisions of this Agreement, will be the sole responsibility of the service provider, and Xpark will not be involved. Any transactions conducted between you and the merchant outside the Xpark platform are not related to Xpark.

5.4You commit to complying with all applicable economic and trade sanctions, as well as export control laws and regulations, including all sanctions resolutions, laws, regulations, and export control laws and regulations established and enforced by the United Nations Security Council, China, the United States, and any other country ("Applicable Export Control Laws"). You fully understand and agree that if Xpark discovers your violation of the Applicable Export Control Laws, this platform may take actions such as closing relevant transaction orders and account dispositions upon discovering such circumstances. You will be responsible for any adverse consequences arising from these actions.

5.5You fully understand and agree that when using certain specific services on this platform, you may need to obtain relevant permissions, interfaces, etc. of your device to achieve corresponding functions. Some specific services may also require you to agree to separate user agreements. Before using such services, please carefully read the relevant agreements and rules.

5.6We have the right to display various information to you during the provision of this service, including but not limited to authorized prompts, advertisements, and promotional messages. This information may appear in the form of system messages or pop-up windows. If you do not agree to receive such information, you can opt out of the relevant services, which may ultimately result in the inability to utilize certain functionalities of the related services.

5.7You understand and agree that we will make reasonable commercial efforts to ensure the security of your data storage during your use of this service. However, we cannot provide complete guarantees in this regard, including but not limited to the following circumstances:

1)To the maximum extent permitted by law, we are not responsible for the deletion or storage failure of relevant data on this platform and in services.

2)We will store information for the shortest period required for business operations, unless you agree to extend the retention period or it is allowed by law. Additionally, we have the right to decide the maximum storage space for your data on this platform. You can independently back up the relevant data in this platform and service according to your needs.

5.8When you use this service, the specific content displayed may vary depending on the version of the software you use. You understand and agree that when you use certain versions of this platform or enter pages of applications developed by us, for the purpose of providing you with a better service experience, we may adjust necessary information about the installation location, size, UI interface of applications already installed on your terminal device. The actual version provided by us shall prevail.

5.9You fully understand and agree that if registration is required when using this platform, you are responsible for properly safeguarding the security of your registration account information and account password. You are responsible for any actions taken under your registered account, including any content you publish and any consequences arising therefrom.

5.10You should exercise your own judgment when encountering content during your use of this service and assume all risks associated with using the content, including but not limited to risks arising from reliance on the accuracy, completeness, or practicality of the content. We cannot and will not be liable for any losses or damages you incur due to the aforementioned risks.

5.11If we find or receive reports from others that you have violated the provisions of this Agreement, we have the right to take measures without notice at any time, such as deleting or blocking relevant content, suspending or terminating your use of corresponding accounts or all services, and pursuing legal liability. If you violate the provisions and cause harm to any third party, you shall bear the responsibility. If we incur losses as a result (including but not limited to potential administrative penalties, legal fees, investigation and evidence collection fees), you shall also compensate us accordingly.

Section Six: Updates

In order to provide you with relevant services more effectively and ensure the security of this platform, we will periodically provide updates or iterations of this platform and related services (including but not limited to software modifications, software version upgrades, partial function deactivation, function enhancement, new service development, software replacement, function improvement, etc.). You can choose whether to update the corresponding version as needed. We will also provide appropriate methods (including but not limited to system prompts, in-site messages, announcements, application store update prompts, etc.) to inform you, and you have the right to choose to accept the updated version. Updating to the latest version may improve your user experience. If you choose not to accept the updated functions provided by Xpark, you should understand that your software may be exposed to serious security risks or result in software being unusable or unstable, and certain functions and services of this platform may be restricted or unusable due to the lack of updates.

Section Seven: Third-Party Provided Software or Services

7.1To facilitate your use of Xpark software and services, this platform or service may use third-party software or services. The results of using or accessing such third-party services are provided by those third parties (including but not limited to services and content provided by third parties that you access through this platform or service, services and content accessed via the Xpark open platform by third parties, etc.). When using third-party software or services provided by this platform, you should also comply with the user agreement of the third party in addition to complying with the provisions of this Agreement. We cannot guarantee the security, accuracy, effectiveness, and other uncertain risks of third-party services and content. To the maximum extent permitted by applicable laws, you should bear the relevant risks and liabilities.

7.2Regardless of whether the third-party software or service is pre-installed in the Xpark software and services or activated/subscribed by you, you understand and agree that we cannot provide any express or implied warranties or other commitments regarding the security, accuracy, effectiveness, and other uncertain risks of third-party provided services and content.

7.3If you have disputes with the third party providing software and services as mentioned above, you shall resolve them with the third party on your own, and you shall bear any related responsibilities.

Section Eight: Payment and Advertising

You understand and agree that currently, this platform and services are provided free of charge. However, as our services continue to update, some software or services provided by Xpark may require payment in the future. We reserve the right to add paid features in future services. Additionally, we reserve the right to display advertisements related to this platform or service. If there are potential paid services, we will provide clear notifications to you before using them, and you can freely choose whether to accept or use them. At that time, please use the services in accordance with our instructions (including but not limited to service fee standards, payment conditions, and service rules). Only after you have explicitly agreed to the relevant agreements and are willing to pay the fees, you can use such paid services.

When you use this platform and services, your device, bandwidth, data usage, and other resources may be consumed. You are responsible for the costs of resources used, including but not limited to internet access fees, SMS fees, and charges for value-added services.

Section Nine: Privacy Policy

When you use Xpark software and services, we may need to collect personal data to provide services to you. We attach great importance to protecting your personal data and have formulated the Xpark Privacy Policy (specifically available in the "Privacy Policy" section), which outlines the detailed information about how Xpark collects, uses, stores, transfers, and discloses your personal data. You can also refer to the detailed information in the "Privacy Policy" section on the Xpark official website's footer. The privacy policy is part of this Agreement. By downloading, installing, or using the services, you agree to be bound by the terms of this Agreement and its privacy policy, and we will protect your privacy in accordance with this privacy policy.

Section Ten: Termination of Agreement and Breach of Contract Liability

We have the right to determine whether your actions comply with the terms of this Agreement. If you are found to violate any terms and provisions of relevant laws, regulations, this Agreement, or related rules, based on the severity of your violation, Xpark and its licensors have the right to take measures without notifying you, such as deleting illegal information, restricting, suspending, or terminating your use of this platform and services. At the same time, you will be held responsible for your inappropriate behavior. After the termination of this Agreement, in accordance with applicable laws and regulations, we will continue to store various types of information retained on the Xpark software and delete the information generated during your use of this platform within a reasonable period. You agree that, to the maximum extent permitted by applicable laws, we are not responsible for any consequences arising from these deletion actions.

Section Eleven: Indemnification

For any and all third-party claims, lawsuits, losses, damages, liabilities, judgments, expenses, and costs (including reasonable attorney fees) arising from or related to your actions below, you agree to indemnify, defend, and hold us, our licensors, our agents, and all senior officers, directors, and employees harmless:
(i) You or anyone using the service with your permission fails to comply with the terms of this Agreement while using the service;
(ii) You or anyone using the service with your permission violates the terms of this Agreement; or
(iii) You or anyone using the service with your permission violates laws, regulations, or infringes on any third party's rights.

Section Twelve: Disclaimer

12.1To the maximum extent permitted by applicable laws, our software and services are provided on an "as-is" and "as-available" basis. We explicitly disclaim any (including express, implied, or statutory) warranties or other commitments, including but not limited to merchantability, fitness for a particular purpose, accuracy or completeness of responses, results, skillful workmanship, implied warranties of non-infringement, or conditions (if any) arising from or under this platform and services.

12.2This platform does not contain any malicious code intended to destroy your device's data or acquire your privacy information. We will also make maximum efforts to ensure the safe, timely, effective, accurate, reliable, and continuous operation of this platform and related services. However, due to existing technology limitations, this platform and related services may be affected or interfered by various unstable factors, and we cannot guarantee full compatibility with all software and hardware systems. We cannot guarantee that this platform will be free of errors or unaffected by any disturbances, and we cannot guarantee that any errors in this platform or related services will be corrected. If you encounter compatibility problems and software errors, please contact us for technical support. If compatibility issues cannot be resolved, you can delete this platform. In case of any losses caused by this, we shall be exempted from liability to the maximum extent permitted by applicable laws.

Section Thirteen: Limitation of Liability

To the extent permitted by applicable laws, in no event shall we, our affiliated companies, senior management, directors, employees, agents, or representatives be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, loss of business reputation, loss of use, loss of data, business interruption, or any other intangible losses, arising from or in connection with
(i) your use or inability to use the services;
(ii) unauthorized access to or alteration of your transmissions or data;
(iii) statements or conduct of any third party on the services; or
(iv) any other matters related to the services, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages or exclusions of implied warranties, so this limitation and exclusion may not apply to you. Furthermore, the maximum compensation we shall be liable for all your losses shall not exceed the total amount you paid for using this platform or services within 12 months prior to initiating the claim (if involving paid services), unless the law in your jurisdiction does not allow limiting liability through an agreement. In this case, the applicable laws and regulations shall prevail.

Section Fourteen: Governing Law and Dispute Resolution

14.1Governing Law: The confirmation, performance, interpretation, modification, and resolution of disputes under this Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflicts of laws principles. You agree that this Agreement is signed in Hong Kong.

14.2Arbitration: In the event of any disputes or controversies arising out of or in connection with this Agreement between you and us, you shall first attempt to resolve them through friendly negotiations. If the negotiations fail, you unconditionally agree that any disputes or controversies arising from, in connection with, or relating to any acts, matters, or things whatsoever arising out of or relating to this Agreement (whether contractual, tortious, or otherwise) shall be submitted to the Hong Kong International Arbitration Centre (HKIAC) for arbitration, and the arbitration shall be conducted in accordance with the arbitration rules of the HKIAC. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Hong Kong, and the arbitration proceedings and all pleadings and written evidence shall be in English. The arbitration award shall be final and binding and may be enforced in any court having jurisdiction. Any arbitration under this Agreement shall be conducted on an individual basis; you have no right to arbitrate a claim as a class action or in a representative capacity, and you will not have the right to participate as a class member or in any class action litigation against us.

Section Fifteen: General Provisions

15.1Headings: The headings of all terms in this Agreement are provided for reference only and do not have substantive meaning themselves, and cannot be used as a basis for interpreting the meaning of this Agreement.

15.2Severability: If for any reason any provision or part of this Agreement is held to be invalid or unenforceable by any judicial or administrative authority, the remainder of this Agreement will remain valid and enforceable, and the remainder of this Agreement will be interpreted according to its terms.

15.3Language: If this Agreement is available in multiple languages, such as English and Arabic, and the corresponding content is inconsistent, the English version shall prevail.

15.4Waiver Clause: At any time, our failure to enforce any provision of the Xpark services or require your compliance with any provision of the Xpark services shall not be interpreted as our waiver of such provision in the present or future, nor shall it affect our subsequent enforcement of such provision. Our express waiver of any provision, condition, or requirement of the Xpark services shall not constitute a waiver of any obligation to fulfill such provision, condition, or requirement in the future.

15.5Entire Agreement: This Agreement constitutes the entire agreement between you and us regarding the use of the software and supersedes any prior agreements between you and Xpark regarding the use of the software. When you use or purchase open-source software, third-party content, or other services, you may be subject to additional terms and conditions.