Welcome to Kunming Xiahao Trading Co., Ltd., the owner and operator of the website located at https://www.xiahao.buzz. These Terms of Service constitute a legally binding agreement between you and the Company governing your access to and use of our website, applications, platforms, products and services including but not limited to computer systems design, systems integration, cloud infrastructure consulting, cybersecurity advisory and IT strategy services.
By accessing or using any part of our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all the terms and conditions of this agreement, you must not access or use our website or services in any manner. Your continued use of the website following the posting of any changes constitutes your acceptance of those changes.
The Company is registered at: 14F Room 1414, Bangke Building, 395 Qingnian Road, Wuhua District, Kunming, 650000, China (CN). All references to the Company, we, us and our in these terms refer to Kunming Xiahao Trading Co., Ltd. References to you and your refer to the individual or entity accessing or using our website and services.
For the purposes of these Terms of Service, the following definitions apply and shall be interpreted consistently throughout this document unless the context requires otherwise. Capitalized terms not defined in this section have the meanings assigned to them elsewhere in these terms.
Agreement means these Terms of Service, together with our Privacy Policy, any project-specific statements of work, service level agreements, and any other documents expressly incorporated by reference herein. In the event of any conflict between provisions, the document most specific to the subject matter shall prevail.
Services refers to all products, software, applications, platforms, deliverables, consulting engagements, support offerings and any other professional or technical services provided by the Company through the website or directly to clients.
User means any individual or entity that accesses, browses, interacts with or otherwise uses our website or services in any capacity, whether as a casual visitor, registered account holder or paying client.
Content includes all text, images, graphics, logos, designs, code, data, information, documents and any other materials made available on or through our website or services, whether created by us, you or third parties.
Confidential Information means any non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
To access and use our website and services, you must meet certain eligibility requirements that we have established for legal and operational reasons. These requirements ensure that users have the legal capacity to enter into binding agreements and comply with applicable laws.
You represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction of residence, whichever is higher. If you are accessing our services on behalf of an organization, company or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms of Service. In such cases, the terms you and your shall refer to the entity you represent as well as to you individually.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion for any reason or no reason, including but not limited to circumstances where we believe that user conduct violates applicable law, these Terms of Service or is harmful to the interests of the Company, its affiliates or other users.
Certain areas and features of our website and services may require you to create an account. When you register for an account, you agree to provide accurate, current and complete registration information and to maintain and promptly update that information to keep it accurate, current and complete. The Company reserves the right to suspend or terminate any account that contains information that we have reasonable grounds to believe is inaccurate, not current or incomplete.
You are solely responsible for maintaining the confidentiality of your account credentials including your username and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security at feedback@xiahao.buzz. The Company shall not be liable for any loss or damage arising from your failure to comply with this security obligation.
You may not use another users account without their express permission. You may not share your account credentials with any third party or allow any third party to access our services through your account. Each account is personal to the registered user and is non-transferable except with the express written consent of the Company. If you use our services on behalf of an organization, you may designate authorized representatives to access the services under your account.
The Company provides computer systems design and related services within the Professional, Scientific, and Technical Services sector. Our service offerings include but are not limited to custom software architecture and development, systems integration and middleware solutions, cloud infrastructure planning and migration, cybersecurity risk assessment and hardening, IT strategy consulting and digital transformation advisory, and technical support and managed services.
We strive to ensure that descriptions of our services on the website are accurate and up to date. However, we do not warrant that service descriptions, specifications or other content available on the website are accurate, complete, reliable, current or error-free. The specific scope, deliverables, timeline and pricing for any project shall be documented in a signed statement of work or service agreement executed separately between the parties.
The Company reserves the right to modify, suspend or discontinue any aspect of its services at any time, including the availability of any feature, content or database, with or without notice. We shall not be liable to you or any third party for any modification, suspension or discontinuance of our services, except as expressly provided in a separate written agreement.
When using our website and services, you agree to comply with all applicable local, national and international laws and regulations. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post or display on or through our services.
You agree not to engage in any of the following prohibited activities: using our services for any unlawful purpose or in violation of any applicable law or regulation; uploading, transmitting or distributing any viruses, malware or other malicious code; attempting to gain unauthorized access to any systems, networks or data associated with our services; interfering with or disrupting the integrity or performance of our services or the data contained therein; sending unsolicited commercial communications or spam through our services; impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or collecting or harvesting any personally identifiable information from the website or services without proper authorization.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including without limitation removing the offending content from our services, suspending or terminating the account of such violators and reporting them to law enforcement authorities.
All intellectual property rights in and to our website and services, including but not limited to all software, code, design elements, text, graphics, images, logos, trademarks, service marks, trade names, domain names and all related documentation and compilations of data, are and shall remain the exclusive property of the Company or its licensors. These Terms of Service do not grant you any right, title or interest in any of the Company intellectual property except the limited right to use our services as expressly set forth herein.
The Company name, the XiaHao name, the xiahao.buzz domain and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on our website are the trademarks of their respective owners.
Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our website and services for your internal business purposes. This license does not include any right to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website except as expressly permitted. All rights not expressly granted are reserved by the Company.
Our website and services may allow you to submit, upload, publish, display or otherwise transmit content, including project requirements, technical specifications, feedback, comments, suggestions and other materials. You retain ownership of any intellectual property rights that you hold in that content. By submitting or posting content on or through our services, you grant us a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate and distribute such content for the purposes of providing and improving our services and as otherwise reasonably necessary to carry out our business operations.
You represent and warrant that you own or have all necessary rights, licenses, consents and permissions to publish and use any content you submit through our services, and that such content does not and will not infringe, misappropriate or violate the intellectual property rights, publicity rights or privacy rights of any third party. You further represent and warrant that your content complies with all applicable laws and regulations and these Terms of Service.
The Company does not endorse any user-generated content and expressly disclaims any and all liability in connection with such content. We reserve the right, but have no obligation, to monitor, review, edit, refuse to post or remove any user-generated content at our sole discretion at any time without notice.
The specific pricing, fees and payment terms for our services shall be set forth in a separate statement of work, service agreement or invoice provided to you. Unless otherwise agreed in writing, all fees are quoted and payable in United States Dollars and are exclusive of applicable taxes, duties and governmental assessments, which you are responsible for paying.
Invoices are generally due and payable within 30 calendar days of the invoice date unless the applicable statement of work specifies a different payment schedule. Late payments may be subject to interest at the rate of 1.5 percent per month or the maximum rate permitted by applicable law, whichever is lower. The Company reserves the right to suspend services without liability if payment is not received within the agreed-upon terms.
You are responsible for providing complete and accurate billing and contact information and notifying us of any changes. We use third-party payment processors to process payments and you agree to be bound by their respective terms and conditions. The Company is not liable for any errors or failures caused by such third-party processors.
These Terms of Service shall remain in full force and effect while you use our website or services. We may terminate or suspend your access to all or any part of our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach any provision of these Terms of Service. Termination or suspension may involve the deletion of your account and all associated data.
You may terminate your relationship with us at any time by ceasing all use of our website and services and notifying us of your intention to terminate. If you have an ongoing project or service engagement with us, the terms governing termination of that engagement shall be set forth in the applicable statement of work or service agreement.
Provisions of these Terms of Service that by their nature should survive termination shall survive termination, including without limitation provisions relating to intellectual property ownership, warranty disclaimers, limitations of liability, indemnification, governing law and dispute resolution.
Your use of our website and services is entirely at your own risk. The website and all services are provided on an as is and as available basis without any representations or warranties of any kind, whether express, implied or statutory. To the fullest extent permitted by applicable law, the Company and its officers, directors, employees, agents, affiliates and licensors expressly disclaim all warranties.
Without limiting the foregoing, the Company does not warrant that the website or services will be uninterrupted, error-free, secure or free from viruses or other harmful components; that any defects or errors will be corrected; that the results obtained from the use of the website or services will be accurate, complete or reliable; or that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations.
No advice, results or information, whether oral or written, obtained by you from the Company or through the website or services shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages, so the above limitations may not apply to you. In such jurisdictions, the Company liability shall be limited to the greatest extent permitted by law.
To the fullest extent permitted by applicable law, in no event shall Kunming Xiahao Trading Co., Ltd., its officers, directors, employees, agents, affiliates, licensors or service providers be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including without limitation damages for loss of profits, revenue, goodwill, use, data or other intangible losses, arising out of or relating to your use of or inability to use the website or services.
This limitation applies regardless of the theory of liability, whether based on warranty, contract, tort including negligence, strict liability or any other legal theory, and whether or not the Company has been informed of the possibility of such damage. The aggregate liability of the Company for all claims arising from or relating to the website and services shall not exceed the greater of the total fees paid by you to the Company during the twelve months preceding the event giving rise to the claim, or one hundred United States dollars.
The limitation of liability set forth above shall apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. Nothing in these Terms of Service shall affect any statutory rights that you may have as a consumer that cannot be waived or limited by contract.
You agree to defend, indemnify and hold harmless Kunming Xiahao Trading Co., Ltd. and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses including reasonable attorneys fees arising out of or related to your violation of these Terms of Service, your use of the website or services, your violation of any third-party right including intellectual property or privacy rights, or your violation of any applicable law, rule or regulation.
The Company shall provide you with prompt written notice of any such claim, suit or proceeding and may, at its option and expense, assume the exclusive defense and control of any matter subject to indemnification by you. In such event, you agree to cooperate with the Company in asserting any available defenses. You shall not settle any claim, action or proceeding without the prior written consent of the Company, which consent shall not be unreasonably withheld or delayed.
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of the Peoples Republic of China without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service.
Subject to the dispute resolution provisions set forth below, any legal suit, action or proceeding arising out of or related to these Terms of Service shall be instituted exclusively in the competent courts located in Kunming, China, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Before initiating any formal legal proceeding, the parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms of Service through informal negotiation. The party raising the dispute shall provide written notice to the other party describing the nature and basis of the claim and the relief sought. The parties shall then make good faith efforts to resolve the dispute through direct discussions within 30 calendar days of the notice date.
If the parties are unable to resolve the dispute through informal negotiations within the 30-day period, either party may pursue its claims through the courts as provided in the Governing Law and Jurisdiction section above. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent immediate and irreparable harm, without the requirement of posting a bond or other security.
All claims must be brought in the parties individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Unless mutually agreed by both parties, any dispute resolution proceedings shall be conducted only on an individual basis and not in a class, consolidated or representative action.
We reserve the right to modify or update these Terms of Service at any time at our sole discretion. When we make changes, we will revise the Last Updated date at the top of this page and post the updated terms on our website. We encourage you to review these Terms of Service periodically to stay informed about the terms governing your use of our services.
For material changes, we will make reasonable efforts to provide you with notice through the website, by email at the address you have provided or through other appropriate channels. Your continued use of our website or services after the posting of modified Terms of Service constitutes your binding acceptance of the updated terms. If you do not agree to the modified terms, you must discontinue use of our website and services immediately.
If you have any questions, concerns or feedback regarding these Terms of Service, or if you need to contact us for any reason related to your use of our website or services, please reach out using the contact details provided below. Our team will make every effort to respond to your inquiry within a timely manner.
Company Name: Kunming Xiahao Trading Co., Ltd.
Registered Address: 14F Room 1414, Bangke Building, 395 Qingnian Road, Wuhua District, Kunming, 650000, China (CN)
Website: https://www.xiahao.buzz
Email: feedback@xiahao.buzz
Phone: +15095614745
For legal notices and formal correspondence, please send communications to the registered address above, attention Legal Department. Notices sent to us by email are effective only upon our acknowledgment of receipt.