SRM platform service clause and statement of SHENZHEN SUNWAY COMMUNICATION CO., LTD

1. SRM platform service content of SHENZHEN SUNWAY COMMUNICATION CO., LTD

SHENZHEN SUNWAY COMMUNICATION CO., LTD (abbreviated as SUNWAY) SRM (Supplier Relationship Management platform is a simple and easy-to-use, own complete functionality, and industry-leading procurement platform, providing generalized procurement management solutions and support the management process of procurement business from buyer to seller.
     SRM procurement management platform built an integrated procurement supply system that run through planning, sourcing, fulfillment, and inventory management, supporting the integration of management and transactions, resource sharing, and collaborative operations. It supports enterprises in building a business operation system that integrates business operations, procurement control, and strategic decision-making. It can achieve procurement information sharing and provide support for procurement management decisions. By reducing manual operations, it improves work efficiency and management strength ， , and optimizes relationships and transactions with suppliers.

2. Declaration and commitment

This platform implements registered membership management. Users are required to carefully read this agreement and the special statements before registering. If there are any doubt, users can consult our company. Once users enter the SUNWAY supplier portal website and read this agreement, click the “I Agree” button below the agreement, and successfully registered as a user according to the registration regulation on this platform, which means that users have agreed this agreement with SUNWAY supplier portal and will be bound by this agreement and the special statements.

SUNWAY can change the "Clause" of this agreement at any time based on objective circumstances. The revised agreement will be noticed to users in the form of website announcements. The revised agreement shall take effect immediately upon announcement, and users should carefully read the revised "Clause" after logging in and have the right to choose discontinue using the "service" of this platform. If users continue to use the "Service" of this platform, it indicates that they have accepted the revised "Clause". In the event of a dispute between users and SUNWAY, based on the latest service agreement. Unless otherwise explicitly stated, any new content that expands the scope of the platform´s "Service" or enhances its functionality is bound by the constraints of this agreement.

3. Platform Registration Rules

Users registering on this platform must possess corresponding civil capacity and be legal entities or other social organizations with legal business qualifications.

According to the requirements of the user information form published on the user registration interface, provide and maintain truthful, accurate, complete, and information about reflecting the user´s current situation;

If a user provided information that is untrue, inaccurate, incomplete, or unable to reflect the current situation, or SUNWAY has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or cannot reflect the current situation, SUNWAY has right to suspend or terminate the user´s registration identity and information, and rejects the user's use of the "Service" (or any part thereof) in any form.

After the user registration is successful and approved by SUNWAY, SUNWAY will provide users with a user account and corresponding password. The user account and password are responsible for storage by user; The activities conducted by logging into this platform with the user account shall be deemed as the user´s behavior, and the user shall be legally responsible for all activities and events conducted with the user account.

The act of SUNWAY providing users with an account and password to log in to this platform does not mean that SUNWAY has established a procurement relationship with the supplier, unless SUNWAY signs a corresponding procurement agreement with the user.

4. Registration obligations

If you register on the SUNWAY SRM platform website, you agree to: (a) provide truthful, accurate, complete, and reflective information about your company (including but not limited to enterprise business license, organization code certificate, and tax registration certificate) according to the requirements of the user information form published on the user registration interface; (b) Maintain and update user information timely to ensure it remains true, accurate, complete, and reflects the current situation. If you provide any information that is untrue, inaccurate, incomplete, or cannot reflect the current situation, or if SUNWAY has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or cannot reflect the current situation, SUNWAY has the right to suspend or terminate your registered identity and information, and refuse you to use the "Service" (or any part thereof) in any form at present or in the future. If you represent a company or other legal entity registered with this company, you represent and guarantee that you have the right to bind the company or other legal entity to the "Clause" of this agreement.

5. User registration name and password

During the registration process, the platform will provide you with the user registration name and password with a system email. You are responsible for keeping your user registration name and password, and are responsible for all activities that occur under your user registration name and password. You agree: (a) If you discover any unauthorized use of your user registration name or password, or any other violation of confidentiality regulations, you will immediately notice SUNWAY; And (b) ensure that you leave the website with the correct steps at the end of each online session. SUNWAY cannot and will not be responsible for any loss or damage that may occur due to you haven´t comply with this provision.

6. Cost

SUNWAY SRM platform is completely free to use. However, any hardware, software, communication, electricity, network services, and other expenses incurred due to the use of this platform shall be borne by you.

7. SUNWAY SRM website is only a platform for providing e-commerce services

Our company´s SRM website is only used as a platform for SUNWAY SRM e-commerce services. However, our company cannot guarantee the authenticity, accuracy, and completeness of the information you provide; We cannot control the security or legality of your information, as well as the ability of other parties to log in to this website and fulfill related obligations. Our company cannot and will not control whether the relevant parties can fulfill their contractual obligations. In addition, you should note that there is an objective risk of damage to the information you upload to this website due to technical reasons such as hard drive damage and network hackers.

8. Your information

“"Your Information" includes any information provided by you to our company or other users during the registration and upload process, in any public information occasion, or through any email form, including data, text, software, music, sound, photos, pictures, images, phrases, or other materials. You are fully responsible for your information, and our company only serves as a passive channel for you to publish and publish your information online. However, if our company believes that "Your Information" may subject us to any legal or moral responsibility, or may cause us (in whole or in part) to lose the services of our internet service providers or other providers, or if you fail to log in or log in again to the website within the period specified by the SUNWAY SRM platform, the company may autonomously take any action deemed necessary or appropriate regarding your information, including but not limited to deleting such information. You should ensure that the materials submitted to the SUNWAY SRM platform, the use of the SUNWAY SRM platform´s "Service", and the results generated from the use of the SUNWAY SRM platform's "Service" do not infringe on the legitimate rights and interests of any third party. If a third party files a claim, lawsuit or may file a lawsuit against SUNWAY based on copyright infringement, infringement of the rights and interests of third parties, or violation of Chinese laws and regulations or other applicable laws, you shall compensate SUNWAY for the expenses or losses incurred as a result and fully exempt SUNWAY from liability. If a third-party organization or individual questions or complaints about the intellectual property ownership of your use of the SUNWAY SRM platform´s "Services" and related materials, you are responsible for providing relevant intellectual property certification materials and cooperating with SUNWAY's relevant complaint handling work. You hereby guarantee that you have full rights, including all copyrights, to the "Your Materials" submitted to the SUNWAY SRM platform. You confirm that the SUNWAY SRM platform is not responsible for identifying or determining which information you provide to our company should be protected, and our company is not responsible for the use of your information by other users who enjoy the "Service".

You agree that "Your Information": a. There will be no fraudulent elements, and it is not related to the sale, forgery or theft; b. Will not infringe upon any third party's property rights, copyrights, patents, trademarks, trade secrets, or other intellectual property rights, or privacy or reputation rights over the information; c. Will not violate any laws, regulations, rules or regulations (including but not limited to laws, regulations, rules or regulations on regulating export management, trade quotas, protecting consumers, unfair competition or false advertising); d. Will not contain defamation (including commercial defamation), illegal intimidation, or illegal harassment; e. Will not contain obscene or any child pornography content; f. Will not contain any viruses, disguising programs, computer worms, timer bombs, or other computer programs that intentionally destroy, maliciously interfere with, secretly intercept, or invade any system, data, or personal data; g. Not directly or indirectly connected to, or containing descriptions of, the following goods or services: (i) prohibited goods or services under this Agreement; Or (ii) you do not have the authority to connect to or include goods or services.

In addition, you agree not to: use the "Service" in connection with any chain of letters, large amounts of randomly mailed emails, indiscriminate emails, or any copied or redundant information; (i) Using the "Service" to collect the email addresses and other information of other individuals without their consent; Or using "Service" to create false email addresses, or attempting to mislead others in other forms regarding the sender´s identity or the source of information. Except as expressly permitted by the SUNWAY SRM platform, the software provided by the SUNWAY SRM platform shall not be modified, translated, adapted, rented, sublicensed, disseminated or transferred on the information network, nor shall it be reverse engineered, decompiled or attempted to discover the source code of the software provided by the SUNWAY SRM platform in any other way. If the "Service" involves the licensed use of third-party software, you agree to comply with the relevant licensing agreements. Unless explicitly agree by the SUNWAY SRM platform, the purchased "Service" or parts thereof, such as disk space, shall not be resold or rented out; Not establishing or utilizing relevant devices, configurations, and running programs or processes unrelated to the purchased "Service", resulting in a large amount of server memory, CPU, or network bandwidth resources occupying the cloud computing resources (such as cloud servers, network bandwidth, storage space, etc.) of the SUNWAY SRM platform (hereinafter referred to as the "Cloud Platform"), providing the network of SUNWAY SRM platform or other users of SUNWAY SRM platform The servers (including but not limited to local, out of town, and international networks, servers, etc.), products/applications, etc. bring serious loads, affecting the smooth communication between the SUNWAY SRM platform and the international internet or between the SUNWAY SRM platform and specific networks, servers, and the SUNWAY SRM platform, or causing the server where the SUNWAY SRM platform products and services or other user websites of the SUNWAY SRM platform are located to crash or inaccessible products/applications based on cloud platforms for users; Not engage in any behavior that disrupts or attempts to disrupt network security (including but not limited to phishing, hacking, online fraud, websites or spaces containing or suspected of spreading viruses, Trojans, malicious code, and suspected attack behaviors such as scanning, sniffing, ARP spoofing, DOS, etc.); Not making any changes or attempting to alter the system configuration provided by the SUNWAY SRM platform, or engaging in behavior that undermines system security; Do not engage in any other illegal, breach of contract, or violation of the rules of the SUNWAY SRM platform. If the SUNWAY SRM platform discovers that you have violated the provisions of the above terms, it has the right to take corresponding measures according to the situation, including but not limited to immediately terminating the service, suspending the service, or deleting the corresponding information. You are fully responsible for the consequences caused by your own actions, such as installing software and performing operations on your own. You are responsible for the integrity and confidentiality of the data stored on the SUNWAY SRM platform, as well as the passwords used to access and manage various products and services on the SUNWAY SRM platform. You shall bear all losses and consequences arising from the loss or leakage of the above-mentioned data, passwords, passwords, etc. due to your improper maintenance or confidentiality. You understand that the SUNWAY SRM platform cannot guarantee that the services it provides are flawless (for example, SUNWAY SRM platform security products cannot guarantee the absolute security of your hardware or software), but SUNWAY SRM platform promises to continuously improve service quality and level. So you agree that even if there are defects in the services provided by the SUNWAY SRM platform, these defects are unavoidable by the industry´s technical level at that time, and will not be considered as a breach of contract by the SUNWAY SRM platform. You agree to cooperate with the SUNWAY SRM platform to solve the above-mentioned defect issue. You are responsible for the integrity and confidentiality of the data stored on the SUNWAY SRM platform, as well as the passwords for accessing and managing various products and services on the SUNWAY SRM platform. You shall bear all losses and consequences arising from the loss or leakage of the above-mentioned data, passwords, passwords, etc. due to your improper maintenance or confidentiality.

9. Privacy

Protecting user privacy is a principle of the SUNWAY SRM platform. The SUNWAY SRM platform guarantees not to publicly disclose or provide third-party information about the registered enterprise of the user, as well as non-public content stored by the user when using the service, except the following situations: obtaining explicit authorization from the user in advance; According to the requirements of relevant judicial institutions or government regulatory authorities. Please note that once you voluntarily disclose "Your Information" at the trading location of the SUNWAY SRM platform, such information may be obtained and used by others.

10. Confidentiality

Confidential information refers to all technical and non-technical information (including but not limited to product information, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, research and development, software and hardware, API application data interfaces, technical specifications, designs, special formulas, special algorithms, etc.) disclosed by one party to another.

Both parties of this agreement agree to shroud any confidential information obtained from the other party, and strictly limit employees who have access to such confidential information to comply with the confidentiality obligations of this clause. Unless required by state agencies in accordance with the law or unless the above-mentioned confidential information has entered the public domain, the party receiving confidential information shall not disclose it to the public.

Both parties of this agreement acknowledge that their respective user information and business data are important assets and key confidential information. Both parties agree to make every effort to protect the aforementioned confidential information from disclosure. Once the above-mentioned confidential information leakage incident is discovered, both parties shall cooperate to take all reasonable measures to avoid or alleviate the loss.

This provision shall not be invalidated by the termination of this agreement.

11. Termination or access restriction

You agree that, without charging you on the SUNWAY SRM platform, The SUNWAY SRM platform may solely suspend or terminate the provision of services to you for any reason (including but not limited to the SUNWAY SRM platform believes that you have violated the literal meaning and spirit of this agreement, or that you have acted not complying with the literal and spiritual meaning of this agreement, or that you have used the SUNWAY SRM Platform for other commercial purposes without the consent of the SUNWAY SRM Platform, or that you have not logged into the website with your account and password for more than 90 days) The service terminates your service password, account (or any part thereof), or your use of the service without notifying you, deletes and discards any your information provided during the use of the service. You agree that SUNWAY SRM platform charges you, the SUNWAY SRM platform shall terminate the service based on reasonable suspicion and upon email notification. The SUNWAY SRM platform may solely stop providing the services or any part thereof at any time with or without notice. You agree that any measures to terminate your use of the services in accordance with any provisions of this agreement may be implemented without prior notice, and acknowledge and agree that SUNWAY SRM platform may immediately invalidate your account, revoke your account and all relevant information and files in your account, or prohibit you from further accessing such files or the services. After the account is terminated, the SUNWAY SRM platform is not obligated to retain any information in the original account or related to it, or forward any information that has not been read or sent to you or a third party. In addition, you agree that the SUNWAY SRM platform will not assume any responsibility towards you or any third party for terminating your access to the service. clause（11、14、15、16、20 ）shall remain in effect after the termination of this agreement. If it is necessary to suspend network services or adjust service functions due to system maintenance or upgrades, the SUNWAY SRM platform will make announcements on the website as much as possible in advance.

12. Consequences of violating the terms

Without limiting other remedies, if any of the following situations occur, our company may immediately issue a warning, temporarily suspend or permanently suspend your user, delete any existing information of you, and any other materials displayed on your website: (i) you violate this agreement; (ii) Our company is unable to verify or authenticate any information you provide to our company; (iii)Or we believe that your actions may result in any legal liability against you, our users, or third-party service providers providing services through our company or our website. Without limiting any other remedies, if you are found to be engaged in fraudulent activities involving our company's website, the SUNWAY SRM platform may suspend or terminate your account.

13. Services provided “As Is”

Our company cannot foresee any technical issues or other difficulties at any time. These difficulties may lead to data loss or other service interruptions. Therefore, you clearly understand and agree that the risk of using the "Service" is borne by you. The SUNWAY SRM platform clearly declares that it does not make any explicit or implied warranties of any kind, including but not limited to warranties regarding safety, suitability for a specific purpose, and no infringement. The SUNWAY SRM platform does not guarantee that: (i) the "Service" will meet your requirements; (ii) The "Service" shall not be suspended, and shall be timely, safe, and error free; (iii) The results that may be obtained through the use of "Services" will be accurate or reliable; (iv) And any other services, information, or other materials you obtain through the services will meet your expectations. Downloading or obtaining any materials through the use of the service is your sole discretion, and any risks related to this are your own risk. You will be responsible for any damage to your computer system or any data loss that may occur as a result of downloading any such materials. Any oral or written opinions or materials obtained by you from the SUNWAY SRM platform or from the service do not give rise to any warranties not explicitly stated in this agreement.

Either party of this agreement shall be liable for breach of contract in accordance with the law

You understand that, given the particularity of computers and the internet, the following situations do not constitute a breach of contract by the SUNWAY SRM platform: SUNWAY SRM platform needs to suspend services for a short period of time during server configuration and maintenance; Due to path blockage on the internet, your website access speed has decreased. Under no circumstances shall the SUNWAY SRM platform be liable for any indirect, consequential, punitive, incidental, or special damages, including any profit losses suffered by you as a result of using the SUNWAY SRM platform´s services (even if you have been informed of the possibility of such losses).

14. Scope of liability

You clearly understand and agree that the SUNWAY SRM platform shall not be liable for any damages arising from any of the following circumstances, including but not limited to losses in profit, goodwill, use, data, or other intangible losses (regardless of whether the SUNWAY SRM platform has been informed of the possibility of such damages): (i) use or haven´t use the "Service"; (ii) The cost of obtaining substitute goods and services arising from the purchase or acquisition of any goods, samples, data, information or service through or from the service, or the receipt of any information or the conclusion of any transactions through or from the service; (iii) Unauthorized access or modification of your transmission information or data; (iv) Any third party´s statement or behavior regarding the service; (v)Or any other matters related to the services arising from any reason, including negligence.

15. Indemnification

You must ensure that during the performance of this agreement, you shall comply with all Chinese laws, regulations, and rules; If the SUNWAY SRM platform suffers any loss or damage due to any violation of Chinese laws and regulations by you, you should take all actions to exempt SUNWAY from liability and be liable to compensate users for all losses incurred as a result.

16. Compliance with laws

You shall comply with all relevant laws, regulations, rules and regulations related to your use of the "Service" and the provision of relevant information.

17. Link

“"Service" or third parties can provide links to other World Wide Web websites or resources. Due to the fact that the SUNWAY SRM platform does not control such websites and resources, you acknowledge and agree that the SUNWAY SRM platform is not responsible for the availability of such external websites or resources, and does not recognize any content, promotion, products, services, or other materials on or obtainable from such websites or resources, nor is it responsible or liable for them. You further acknowledge and agree that SUNWAY SRM platform shall not be liable for any direct or indirect losses caused (or claimed to be caused) by the use or reliance on such content, promotion, products, services, or other materials obtained from such websites or resources.

18. notice

Unless otherwise specified, any notice shall be sent in the form of an email, with an email address of ****@sz-sunway.com (in the case of the SUNWAY SRM platform), (as far as you are concerned ) sent to the email address provided by you to the SUNWAY SRM platform during the registration process, or such other address specified by the relevant party. Twenty four hours after the email is sent, the notice shall be deemed delivered unless the sender is informed that the relevant email address has been invalidated. Alternatively, our company can send notifications to the address provided to the SUNWAY SRM platform during the registration process by prepaid registered mail with a receipt requested. In this case, the notice shall be deemed delivered three days after the date of payment.

19. Force majeure

For reasons beyond the reasonable control of our company, including but not limited to natural disasters, strikes or riots, material shortages or rationing, riots, acts of war, government actions, communication or other facility failures or serious accidents, which result in our company's delay or failure to perform, the SUNWAY SRM platform shall not be liable to you.

20. Other statements

(1) The ownership of all content contained on this website, including text, graphics, logos, creativity, and software, belongs to the SUNWAY SRM platform and the content/information provider of this website, and is protected by Chinese and international copyright laws. All copying (including collection, combination, and reassembly) of content on this website is exclusive and protected by Chinese and international copyright laws. The content and software on this website can be used as information resources for online transactions and auctions. Any other use of such content on this website, including reproduction, modification, publishing, forwarding, reprinting, demonstration or broadcasting, is strictly prohibited.

(2) The graphics, images, charts, sounds, creativity, logos, service names, and logos of the SUNWAY SRM platform and other SUNWAY SRM platforms are all protected by relevant laws. The trademark, proprietary name, logo, etc. cannot be used on any products or services that are not part of the SUNWAY SRM platform, which may cause confusion or ambiguity among customers, or in any form that distorts or defames the SUNWAY SRM platform.

(3) The SUNWAY SRM platform and any of its components shall not be reproduced, copied, plagiarized, traded, or used for any commercial purposes without the permission of the SUNWAY SRM platform. If the SUNWAY SRM platform determines that the customer´s behavior is illegal or harmful to the interests of their website and enterprise, the SUNWAY SRM platform and its affiliated enterprises will reserve the right, including but not limited to refusing to provide services, freezing member exclusive accounts, and/or canceling orders.

(4) The link services on the SUNWAY SRM platform can directly access other sites, and these linked sites are not controlled by the SUNWAY SRM platform. The SUNWAY SRM platform is not responsible for any content linked to the website on this site.

(5) The SUNWAY SRM platform and its affiliated enterprises respect the intellectual property rights of others. If you confirm that your work has been plagiarized in some way, which violates Chinese and international copyright laws, please file a copyright complaint to the SUNWAY SRM platform.

(6) SUNWAY SRM platform is operated and controlled by SUNWAY and is governed by the laws of the People´s Republic of China. We reserve the right to change our website and the above disclaimers and terms at any time.

When using this website's services, you are not allowed to:

1. Pasting or disseminating any illegal, threatening, defamatory, derogatory, retaliatory, blasphemous, or any other legally prohibited information, including but not limited to disseminating any content that incites crime, violates civic obligations, or violates local regulations, national laws, regulations, or international laws, practices, or conventions;

2. Pasting or disseminating any personal event of other people, pasting or disseminating content containing viruses, or any content with derogatory or damaging characteristics;

3. Pasting or disseminating any data, graphics or programs that may infringe upon the property rights of others, including the illegal use of unregistered copyright texts, graphics or programs, trade secrets and other confidential information, trademarks, service marks, etc.;

4. Interfere with other users of this website in any form.