Pickshell Mall Registration Agreement
Important Notice
Welcome to sign this Pickshell Mall Platform Service Agreement (hereinafter referred to as "this Agreement") with the operators of Pickshell Mall Platform (as defined below) and use the services of Pickshell Mall Platform.
This Agreement is a revised version of the Pickshell Mall Service Agreement. From the date of publication of this Agreement, references to the "Pickshell Mall Service Agreement" anywhere on the Pickshell Mall Platform shall mean this Agreement.
The keywords listed before each service clause are only for helping you understand the main purpose of such clause, and shall not affect or limit the meaning or interpretation of the terms of this Agreement. To protect your own rights and interests, we recommend that you carefully read the specific provisions of each clause.
【Careful Reading】Before you click to agree to this Agreement during the registration application process, you should carefully read this Agreement. You must carefully read and fully understand each clause, especially those regarding exemption or limitation of liability, governing law, and dispute resolution. Clauses regarding exemption or limitation of liability will be marked with bold and underline, and you should read them with special attention. If you have any questions about this Agreement, you may consult Pickshell Mall customer service.
【Contract Action】When you fill in the information according to the registration page prompts, read and agree to this Agreement, and complete the entire registration process, it means that you have fully read, understood and accepted all the contents of this Agreement, and have reached an agreement with Pickshell Mall, becoming a "user" of the Pickshell Mall Platform. During the process of reading this Agreement, if you do not agree to this Agreement or any of its terms, you should immediately stop the registration process.
1. Definitions
Pickshell Mall Platform Services: Various services provided to you by Pickshell Mall based on the Internet, in various forms including Pickshell Mall Platform websites, clients, etc. (including new service forms arising from future technological developments).
Pickshell Mall Platform Rules: Including all rules, interpretations, announcements, etc. that have been published and will be published in the future on all Pickshell Mall Platform rule channels, as well as various rules, implementation details, product process descriptions, announcements, etc. published by various platforms in groups, forums, help centers, etc.
Pickshell Mall Website Rules: Various rules set out in the Pickshell Mall Website rules channel, see the relevant pages of the Pickshell Mall Platform for details.
2. Scope of Agreement
2.1 Contracting Parties
[Equal Subjects] This Agreement is concluded between you and the operators of the Pickshell Mall Platform, and this Agreement has contractual effect on both you and the operators of the Pickshell Mall Platform.
[Subject Information] The operators of the Pickshell Mall Platform refer to the legal entities that operate the Pickshell Mall Platform. You may at any time check the license information published at the bottom of the homepage of each Pickshell Mall Platform website to determine the Pickshell Mall entity that performs the contract with you. Under this Agreement, the operators of the Pickshell Mall Platform may change due to business adjustments of the Pickshell Mall Platform. The changed operators of the Pickshell Mall Platform will perform this Agreement with you and provide services to you. The change of operators of the Pickshell Mall Platform will not affect your rights and interests under this Agreement. The operators of the Pickshell Mall Platform may also be added due to the provision of new Pickshell Mall Platform services. If you use the newly added Pickshell Mall Platform services, it is deemed that you agree that the newly added operators of the Pickshell Mall Platform will perform this Agreement with you. In the event of a dispute, you may determine the party performing the contract with you and the opposing party in the dispute based on the specific services you use and the specific actors of the behavior that affects your rights and interests.
2.2 Supplementary Agreement
Due to the rapid development of the Internet, the terms set out in this Agreement signed between you and Pickshell Mall cannot completely list and cover all the rights and obligations between you and Pickshell Mall, and the existing agreements cannot guarantee to fully meet the needs of future development. Therefore, the legal statement and privacy policy of the Pickshell Mall Platform, as well as the Pickshell Mall Platform Rules, are supplementary agreements to this Agreement, which are inseparable from this Agreement and have the same legal effect. If you use the services of the Pickshell Mall Platform, you are deemed to agree to the above supplementary agreements.
3. Account Registration and Use
3.1 User Qualification
You confirm that before you start the registration process to use the Pickshell Mall Platform services, you should have the civil capacity to act in accordance with the laws of the People's Republic of China that corresponds to your behavior. If you do not have the aforementioned civil capacity to act corresponding to your behavior, you and your guardian shall bear all the consequences arising therefrom in accordance with the law.
In addition, you also need to ensure that you are not the subject of trade restrictions, economic sanctions or other laws and regulations restrictions imposed by any country, region or international organization, nor do you directly or indirectly provide funds, goods or services to the aforementioned objects. Otherwise, you should stop using the Pickshell Mall Platform services. At the same time, you understand that violation of the foregoing requirements may cause you to be unable to register and use the Pickshell Mall Platform services normally.
3.2 Account Description
[Account Acquisition] When you fill in the information according to the registration page prompts, read and agree to this Agreement and complete the entire registration process, you can obtain a Pickshell Mall Platform account and become a user of the Pickshell Mall Platform.
The Pickshell Mall Platform only allows each user to use one Pickshell Mall Platform account. If there is evidence or Pickshell Mall determines that you have improperly registered or improperly used multiple Pickshell Mall Platform accounts according to the Pickshell Mall Platform Rules, the Pickshell Mall Platform may take measures such as freezing or closing the account, canceling orders, refusing to provide services, etc. If losses are caused to the Pickshell Mall Platform and related parties, you shall also bear compensation liability.
[Account Transfer] Due to the association of user account with user credit information, you may transfer your account only when there is express legal provision, judicial ruling, or with the consent of Pickshell Mall, and in compliance with the user account transfer process specified in the Pickshell Mall Platform Rules. Upon transfer of your account, the rights and obligations under such account are transferred together. Except for the foregoing, your account may not be transferred in any way, otherwise Pickshell Mall Platform has the right to hold you liable for breach of contract, and the resulting liability and consequences shall be borne solely by you.
[Real-Name Authentication] As the operator of the Pickshell Mall Platform, in order to enable you to better use the various services of the Pickshell Mall Platform and protect the security of your account, Pickshell Mall may require you to complete real-name authentication in accordance with the companys requirements and relevant laws and regulations.
[Inactive Account Recovery] If your account meets the following conditions at the same time, Pickshell Mall may recover your account, your account will no longer be able to log in to any platform, and the corresponding services will be terminated at the same time:
(1) Not bound to a real-name authenticated account;
(2) Not used to log in to any platform for six consecutive months;
(3) No valid business with an unexpired term.
3.3 Registration Information Management
3.3.1 Truthfulness and Legality
[Truthful Information] When using the services of the Pickshell Mall Platform, you should accurately and completely provide your information (including your name, email address, contact phone number, contact address, etc.) as prompted on the Pickshell Mall Platform page, so that Pickshell Mall or other users can contact you. You understand and agree that you have the obligation to maintain the truthfulness and validity of the information you provide.
[Legality of Member Name] The Pickshell Mall member name you set must not violate the management provisions of national laws, regulations and the Pickshell Mall Platform Rules regarding member names. Otherwise, Pickshell Mall may recover your Pickshell Mall member name. The recovery of your Pickshell Mall member name does not affect your ability to log in to the Pickshell Mall Platform using your email or mobile phone number and use the Pickshell Mall Platform services.
3.3.2 Update and Maintenance
You should promptly update the information you provide. Where laws expressly require Pickshell Mall, as a platform service provider, to verify the information of certain users (such as platform sellers, etc.), Pickshell Mall will from time to time check and verify your information in accordance with the law, and you should cooperate to provide the latest, true, complete and valid information.
If Pickshell Mall fails to contact you based on the last information you provided, you fail to provide information in a timely manner as required by Pickshell Mall, the information you provide is obviously untrue, or the administrative or judicial authorities verify that the information you provided is invalid, you will bear all losses and adverse consequences caused to yourself, others and Pickshell Mall. Pickshell Mall may issue an inquiry or request for correction, require you to re-authenticate, and even suspend or terminate providing you with some or all Pickshell Mall Platform services, and Pickshell Mall shall not be liable for this.
3.4 Account Security Specifications
[Account Security Custody Obligation] Your account is set and kept by you. Pickshell Mall will never actively ask you for your account password. Therefore, it is recommended that you take good care of your account and ensure that you log out at the end of each online session and leave the Pickshell Mall Platform with the correct steps.
Losses and consequences caused by your active disclosure of your account or your account being attacked, defrauded, etc. by others shall not be borne by Pickshell Mall. You should seek recourse from the infringer through judicial, administrative or other relief channels.
[Account Behavior Responsibility] Except for fault on the part of Pickshell Mall, you shall be responsible for all results of actions under your account (including but not limited to signing various agreements online, publishing information, purchasing goods and services, and disclosing information, etc.).
[Daily Maintenance Notice] If you discover any unauthorized use of your account to log in to the Pickshell Mall Platform or any other situation that may cause your account to be stolen or lost, it is recommended that you immediately notify Pickshell Mall and authorize Pickshell Mall to synchronize such information to relevant platforms. You understand that it takes a reasonable time for Pickshell Mall to take any action in response to your request, and the actions taken by Pickshell Mall at your request may not avoid or prevent the formation or expansion of the consequences of infringement. Except for statutory fault on the part of Pickshell Mall, Pickshell Mall shall not be liable.
4. Pickshell Mall Platform Services and Specifications
[Service Overview] You have the right to enjoy services such as browsing, bookmarking, purchasing and evaluating goods and/or services, transaction dispute handling, information exchange such as Q&A and sharing, etc. on the Pickshell Mall Platform. Pickshell Mall provides many services, and you can log in to the Pickshell Mall Platform for details.
4.1 Browsing and Bookmarking of Goods and/or Services
During your browsing of our website or client, Pickshell Mall provides you with functions such as information classification, keyword search, filtering, bookmarking and following to better match your needs. You can bookmark goods and/or services that interest you, add them to your shopping cart, and follow stores/brands that interest you, etc.
4.2 Purchase and Evaluation of Goods and/or Services
[Purchase of Goods and/or Services] When you purchase goods and/or services on the Pickshell Mall Platform, you must carefully confirm the name, price, quantity, model, specification, size of the goods or the time, content, restrictions and other important matters of the service, and verify your contact address, phone number, consignee and other information when placing an order. If the consignee you fill in is not you, the legal consequences of the actions and representations of such consignee shall be borne by you.
Your purchase behavior should be based on genuine consumption needs, and you must not engage in malicious purchases, malicious rights protection or other actions that disrupt the normal trading order of the Pickshell Mall Platform in respect of goods and/or services. In order to maintain the trading order and transaction security of the Pickshell Mall Platform, Pickshell Mall may take the initiative to close relevant transaction orders and other operations when the above circumstances are discovered.
[Fixed Price and Auction] The Pickshell Mall Platform has two bidding forms: "fixed price" and "auction". Under the auction form, you understand that the Pickshell Mall Platform is not an "auctioneer" as defined in the Auction Law of the Peoples Republic of China; the Pickshell Mall Platform is only an online trading venue for users to purchase goods and/or services through bidding.
[Evaluation] You have the right to evaluate other users goods and/or services with whom you have concluded a transaction in the evaluation system provided by the Pickshell Mall Platform. You should understand that your evaluation information on the Pickshell Mall Platform is public. If you do not wish to disclose your identity information to the public in your evaluation content, you have the right to choose to post evaluation content anonymously.
To ensure that the evaluation content can provide a reliable basis for consumers shopping decisions and reflect the true situation of the goods and/or services, all your evaluation actions should comply with the relevant provisions of the Pickshell Mall Platform Rules. The evaluation content should be legal, objective, true, relevant to the goods and/or services of the transaction, and should not contain any foul language, obscene or vulgar content, advertising information, or other prohibited information as set out in laws, regulations and this Agreement. You should not use improper means to help others enhance their credit or use the evaluation right to threaten or blackmail other users. Pickshell Mall may take necessary disposal measures against the evaluation information generated by your aforementioned actions in accordance with the relevant provisions of the Pickshell Mall Platform Rules.
4.3 Transaction Dispute Resolution
[Transaction Dispute Resolution Channels] If you have a dispute with other users during a transaction on the Pickshell Mall Platform, either you or the other user has the right to choose one of the following channels to resolve it:
(1) Negotiate independently with the opposing party;
(2) Use the dispute mediation service provided by the Pickshell Mall Platform;
(3) Request mediation from a consumer association or other lawfully established mediation organization;
(4) File a complaint with relevant administrative authorities;
(5) Submit to an arbitration institution for arbitration based on an arbitration agreement (if any) reached with the opposing party;
(6) File a lawsuit with a peoples court.
[Platform Mediation Service] If you use the dispute mediation service of the Pickshell Mall Platform in accordance with the Pickshell Mall Platform Rules, it means that you acknowledge and are willing to comply with the mediation decision made by the customer service or public reviewers ("mediators") of the Pickshell Mall Platform as independent third parties based on the dispute facts they have learned and in accordance with the Pickshell Mall Platform Rules (including adjusting the transaction status of related orders, determining to pay all or part of the disputed amount to one or both parties to the transaction, etc.). Before the mediation decision of the Pickshell Mall Platform is made, you may choose the channels (3), (4), (5), (6) above (hereinafter referred to as "other dispute resolution channels") to resolve the dispute to terminate the dispute mediation service of the Pickshell Mall Platform.
If you are not satisfied with the mediation decision, you still have the right to use other dispute resolution channels to resolve the dispute, but before a final decision is reached through other dispute resolution channels, you shall still comply with the mediation decision.
4.4 Information Exchange
To meet the needs of information exchange such as sharing shopping experiences among users, you may use Q&A, sharing of unboxing posts, forums, groups and other information publishing functions provided by Pickshell Mall to publicly publish information such as comments, replies, messages, bullet comments, likes, and interact with other users. The forms of information include text, pictures, videos, live streaming content, emoticons, symbols, etc. You must ensure that all information you publish complies with relevant laws, regulations and the requirements of this Agreement.
4.5 Trade Restrictions
With respect to goods, services, software and technologies obtained through the Pickshell Mall Platform (including software and technologies provided by the Pickshell Mall Platform), you undertake to comply with all applicable import and export controls, trade restrictions and economic sanctions laws and regulations. In order to maintain the trading order and transaction security of the Pickshell Mall Platform, if you violate the foregoing undertaking, Pickshell Mall may take the initiative to close relevant transaction orders and take account disposal measures when the above circumstances are discovered.
4.6 Fees
Pickshell Mall has invested a lot of cost in providing you with the services of the Pickshell Mall Platform. Except for the fee-based services explicitly indicated on the Pickshell Mall Platform, the services currently provided by Pickshell Mall to you are free of charge. If Pickshell Mall charges you reasonable fees in the future, Pickshell Mall will take reasonable measures and notify you through statutory procedures and in the manner specified in Article 8 of this Agreement with a sufficiently reasonable period of advance notice to ensure that you have sufficient right to choose.
4.7 Limitation of Liability
[Force Majeure and Third-Party Causes] Pickshell Mall performs its basic guarantee obligations in accordance with the law, but Pickshell Mall shall not bear the corresponding liability for breach of contract for the following causes leading to performance obstacles, performance defects, performance delays or performance content changes:
(1) Force majeure factors such as natural disasters, strikes, riots, wars, government actions, judicial administrative orders, etc.;
(2) Public service factors such as power supply failures, communication network failures, or third-party factors;
(3) Factors such as routine or emergency equipment and system maintenance, equipment and system failures, network information and data security, etc., when Pickshell Mall has exercised good faith management.
[Massive Information] Pickshell Mall only provides you with Pickshell Mall Platform services. You understand that the information on the Pickshell Mall Platform is published by users themselves and may involve risks and defects. Pickshell Mall will, through the establishment of relevant inspection and monitoring systems in accordance with the law, protect your legitimate rights and interests and good experience on the Pickshell Mall Platform as much as possible. At the same time, given the characteristics of massive information on the Pickshell Mall Platform and the separation of information from physical objects in the information network environment, Pickshell Mall cannot review the information of goods and/or services one by one, nor can it review the quality, safety, legality, truthfulness and accuracy of the goods and/or services involved in the transaction one by one, and you should make cautious judgments in this regard.
[Mediation Decisions] You understand and agree that in the dispute mediation service, the customer service and public reviewers of the Pickshell Mall Platform are not professionals and can only judge the evidence submitted by users based on the cognition of ordinary persons. Therefore, except in cases of intentional misconduct or gross negligence, the mediators are exempt from liability for dispute mediation decisions.
5. Protection and Authorization of User Information
5.1 Protection of Personal Information
Pickshell Mall attaches great importance to the protection of users personal information (i.e., information that can identify a user independently or in combination with other information). When you use the services provided by Pickshell Mall, you agree that Pickshell Mall collects, stores, uses, discloses and protects your personal information in accordance with the privacy policy published on the Pickshell Mall Platform. If a platform website or client does not have an independent privacy policy but uses a Pickshell Mall Platform account to log in to the corresponding website or client, to protect your privacy, we will collect, store, use, disclose and protect your personal information by reference to the requirements of the Pickshell Mall Privacy Policy. Pickshell Mall hopes to clearly explain to you how Pickshell Mall handles your personal information through the privacy policy. Therefore, Pickshell Mall recommends that you read the privacy policy in full (click here) to better protect your privacy.
5.2 Guarantee and Authorization of Non-Personal Information
[Release of Information] You declare and warrant that you have corresponding and legal rights to the information you publish, that the information you publish and the actions you take comply with relevant laws, regulations, national mandatory standards and the provisions of this Agreement, and that you have the obligation to manage the information you publish and immediately delete any information that violates relevant laws, regulations or this Agreement. Otherwise, Pickshell Mall may delete or block the information you publish in accordance with the law or this Agreement.
[Prohibited Information] You should ensure that the information you publish does not contain the following content:
(1) Opposing the basic principles established by the Constitution;
(2) Endangering national security, leaking state secrets, subverting state power, undermining national unity, or harming national honor and interests;
(3) Promoting terrorism, extremism, or inciting the commission of terrorist or extremist activities;
(4) Inciting ethnic hatred or discrimination, or undermining ethnic unity;
(5) Inciting regional discrimination, regional hatred, or discrimination against groups of people;
(6) Destroying national religious policies, or promoting cults and feudal superstitions;
(7) Distorting, vilifying, desecrating, or denying the deeds and spirit of heroes and martyrs, or infringing on the names, portraits, reputation, or honor of heroes and martyrs by means of insults, defamation or otherwise;
(8) Disseminating obscenity, pornography, gambling, violence, murder, terror, or inciting crime;
(9) Insulting or defaming others, or infringing on others reputation, privacy, portrait, intellectual property and other legitimate rights and interests;
(10) Fabricating or spreading rumors, false information, disrupting economic and social order, or undermining social stability;
(11) Violently intimidating or threatening others;
(12) Content that may induce minors to imitate unsafe behaviors and violate social ethics, induce minors to develop bad habits, or infringe on the legitimate rights and interests of minors or harm their physical and mental health;
(13) Infringing on others personal privacy, secretly photographing or recording others without their permission, or infringing on others legal rights;
(14) Disseminating excessive marketing information and spam;
(15) Commenting in languages other than the commonly used languages of this website;
(16) Publishing information that is meaningless or deliberately using character combinations to evade technical review;
(17) Using exaggerated titles where the content seriously does not match the title;
(18) Hyping up scandals, gossip, or misdeeds;
(19) Improperly commenting on natural disasters, major accidents, etc.;
(20) Promoting vulgar,庸俗, or媚俗 content or promoting materialism and wealth flaunting;
(21) Content that is恐怖, violent, bloody, highly dangerous, harmful to the physical or mental health of the performer or others, including but not limited to the following: suicidal or self-harming violent acts; content that threatens life and health, uses dangerous props such as knives to perform acts that endanger ones own or others personal and/or property rights; content that encourages or induces others to participate in dangerous or illegal activities that may cause personal injury or death;
(22) Impersonating others or using others names to use Pickshell Mall software services or disseminate any information, or maliciously using registered accounts to cause misunderstanding by other users;
(23) Viruses, Trojan horses, crawlers and other malicious software or program codes that may破坏, tamper with, delete or affect the normal operation of any system of the Pickshell Mall Platform or unauthorizedly secretly obtain data or personal information of Pickshell Mall Platform and other users;
(24) Other content that has an adverse impact on the network ecology and content prohibited by laws and administrative regulations.
[Authorized Use] For non-personal information such as text, pictures, videos, audio, etc., that you provide, publish or form during your use of the Pickshell Mall Platform services, the transfer of intellectual property rights, portrait rights or other rights will not occur due to uploading, publishing, etc. Unless otherwise stated by us, to the extent permitted by law, you grant Pickshell Mall and its affiliated companies a non-exclusive, non-territorial license to use (including storing, using, copying, revising, editing, publishing, displaying, translating, distributing the above information or making derivative works, incorporating the above information into other works in known or future developed forms, media or technologies, etc.) and the right to sublicense to third parties, as well as the right to collect evidence and file lawsuits against third-party infringements in its own name.
For your convenience in using other related services under Pickshell Mall, you authorize Pickshell Mall to transfer the information provided and formed during your account registration and use of Pickshell Mall Platform services to providers of other related services under Pickshell Mall, or to obtain from such service providers the information you provided and formed during registration and use of related services.
5.3 Complaints and Reports
If you discover any illegal or non-compliant activities, illegal dissemination activities, illegal or harmful information, etc., during your use of the Pickshell Mall Platform services, you may file a complaint or report through the "Report Center" published on the Pickshell Mall Platform, the official email (for example: support@pickshellmall.com, subject to the actual announcement on the platform), or other methods published on the Pickshell Mall Platform. Pickshell Mall will handle your complaint or report in a timely manner in accordance with relevant laws.
6. User Breach and Handling
6.1 Determination of Breach
Either of the following circumstances constitutes a breach by you:
(1) Violating relevant laws and regulations when using the Pickshell Mall Platform services;
(2) Violating this Agreement or the supplementary agreements to this Agreement (i.e., Article 2.2 of this Agreement).
To adapt to the development of e-commerce and meet the needs of a large number of users for efficient and high-quality services, you understand and agree that Pickshell Mall may specify procedures and standards for determining breach in the Pickshell Mall Platform Rules. For example: Pickshell Mall may determine whether you constitute a breach based on the relationship between your user data and the data of a large number of users; you have the obligation to provide sufficient evidence and reasonable explanation for any anomalies in your data, otherwise you will be deemed to be in breach.
6.2 Measures for Handling Breach
[Information Handling] If the information you publish on the Pickshell Mall Platform constitutes a breach, Pickshell Mall may immediately delete or block the corresponding information in accordance with the relevant rules.
[Action Restrictions] If your actions on the Pickshell Mall Platform, or actions that are not on the Pickshell Mall Platform but have an impact on the Pickshell Mall Platform and its users, constitute a breach, Pickshell Mall may take measures against you such as deducting points from your account, suspending or terminating some or all services, or deducting liquidated damages in accordance with the relevant rules. If your actions constitute a fundamental breach, Pickshell Mall may seal your account and terminate the provision of services to you.
[Account Handling] When you are in breach and there are specific circumstances such as fraud, sale of counterfeit goods, theft of others accounts, or when you pose a risk to the transaction security or account security of others, Pickshell Mall will take compulsory measures against your account such as canceling收款, freezing funds, etc., in accordance with the degree of risk of your actions.
[Publication of Handling Results] Pickshell Mall may publish on the Pickshell Mall Platform information about the measures taken to handle your above-mentioned breach, as well as other illegal information confirmed by effective legal documents from national administrative or judicial authorities.
6.3 Compensation Liability
If your actions cause losses to Pickshell Mall and/or its affiliated companies (including direct economic losses, goodwill losses, and indirect economic losses such as compensation payments, settlement fees, attorney fees, litigation fees paid to third parties), you shall compensate Pickshell Mall and/or its affiliated companies for all the above losses.
If your actions cause third parties to assert claims against Pickshell Mall and/or its affiliated companies, Pickshell Mall and/or its affiliated companies may recover from you all losses after performing monetary or other obligations to the third party.
If your actions cause losses to third parties or you fail to perform mediation decisions, and Pickshell Mall and/or its affiliated companies, for the purpose of protecting social public interests, may instruct the company to deduct the corresponding amount from your account for payment. If your balance or deposit is insufficient to pay the corresponding amount, you agree to entrust Pickshell Mall to use its own funds to pay the above amount on your behalf, and you shall return such amount and compensate Pickshell Mall for all losses caused thereby.
You agree that Pickshell Mall may instruct the company to deduct the corresponding amount from your account to pay the above compensation amount. If the amount in your account is insufficient to pay the above compensation amount, Pickshell Mall and/or its affiliated companies may directly deduct the rights and interests you have under other agreements with Pickshell Mall and/or its affiliated companies, and may continue to pursue recovery.
6.4 Special Provisions
[Commercial Bribery] If you provide physical goods, cash, cash equivalents, services, travel, etc., to employees or consultants of Pickshell Mall and/or its affiliated companies with a value significantly beyond the normal scope of business negotiations, it may be deemed that you have engaged in commercial bribery. In the above circumstances, Pickshell Mall may immediately terminate all cooperation with you and demand liquidated damages and/or compensation from you, and such amount shall be calculated based on the economic losses and goodwill losses suffered by Pickshell Mall as a result of your bribery.
[Related Handling] If this Agreement is terminated by Pickshell Mall due to your material breach, for the purpose of maintaining platform order and protecting consumer rights and interests, Pickshell Mall and/or its affiliated companies may suspend or even terminate cooperation with you under other agreements, and notify you in the manner specified in Article 8 of this Agreement.
If other agreements signed between Pickshell Mall and you, or agreements signed between Pickshell Mall and/or its affiliated companies, and you, explicitly provide for related handling of your cooperation under this Agreement, then Pickshell Mall may, for the purpose of maintaining platform order, suspend or even terminate the agreement upon receipt of instructions, and notify you in the manner specified in Article 8 of this Agreement.
7. Amendment of Agreement
Pickshell Mall may, from time to time, amend this Agreement and supplementary agreements in accordance with changes in national laws and regulations and the need to maintain transaction order and protect consumer rights and interests. The amended agreements and supplementary agreements (hereinafter referred to as the "amended matters") will be notified to you through statutory procedures and in the manner specified in Article 8 of this Agreement.
If you do not agree to the amended matters, you have the right to contact Pickshell Mall to provide feedback before the effective date determined for the amended matters. If your feedback is adopted, Pickshell Mall will adjust the amended matters as appropriate.
If you still do not agree to the amended matters that have taken effect, you should stop using the Pickshell Mall Platform services as of the effective date of the amended matters, and the amended matters will have no effect on you. If you continue to use the Pickshell Mall Platform services after the amended matters take effect, you will be deemed to have agreed to the amended matters that have taken effect.
8. Notices
8.1 Effective Contact Information
When you register as a user of the Pickshell Mall Platform and accept the services of the Pickshell Mall Platform, you should provide true and effective contact information to Pickshell Mall (including your email address, contact phone number, contact address, etc.). If your contact information changes, you have the obligation to update such information in a timely manner and remain reachable.
The member account (including sub-accounts) generated when you register as a Pickshell Mall Platform user and used to log in to the Pickshell Mall Platform to receive in-site messages, system messages, and instant messages (such as Pickshell Mall in-site messages) also serves as your effective contact information.
Pickshell Mall will send various notices to you through one or more of the above contact methods, and the content of such notices may have a significant favorable or unfavorable impact on your rights and obligations. You must pay attention to them in a timely manner.
You have the right to obtain commercial information such as product advertisements, promotions and discounts that interest you through the mobile phone number or email address you provided during registration. If you do not wish to receive such information, you have the right to opt out through the corresponding opt-out function provided by Pickshell Mall.
8.2 Delivery of Notices
When Pickshell Mall sends notices to you through the above contact methods, written notices sent by electronic means, including but not limited to announcements on the Pickshell Mall Platform, text messages sent to the contact phone number you provided, emails sent to the email address you provided, in-site messages, system messages sent to your account, etc., are deemed delivered upon successful sending. Written notices sent on paper media are deemed delivered on the fifth natural day after being sent by post to the provided contact address.
For any dispute arising from transaction activities on the Pickshell Mall Platform, you agree that judicial authorities (including but not limited to peoples courts) may serve legal documents (including but not limited to litigation documents) on you by modern communication methods such as text messages, emails, or in-site messages, or by mail. The contact information designated by you for receiving legal documents, such as your mobile phone number, email address, or in-site message account, is the mobile phone number and email address you provided during registration and update on the Pickshell Mall Platform, as well as the in-site message account generated when registering as a Pickshell Mall user. Legal documents sent by judicial authorities to the above contact information are deemed delivered. The mailing address designated by you is your legal contact address or the valid contact address you provided.
You agree that judicial authorities may serve legal documents on you by one or more of the above methods. If judicial authorities serve legal documents on you by multiple methods, the time of delivery shall be the earliest among the above delivery methods.
You agree that the above delivery methods apply to all stages of judicial proceedings. If the matter proceeds to litigation, this includes but is not limited to first instance, second instance, retrial, enforcement, and supervisory procedures.
You should ensure that the contact information provided is accurate, valid, and updated in real time. If legal documents cannot be delivered or are not delivered in a timely manner due to inaccurate contact information or failure to promptly notify changes in contact information, the resulting legal consequences shall be borne by you.
9. Termination of Agreement
9.1 Circumstances of Termination
[Termination Initiated by User] You have the right to terminate this Agreement by any of the following methods:
(1) When the account cancellation conditions published on the Pickshell Mall Platform are met (you can view the specific account cancellation conditions through "Pickshell Mall APP - My Pickshell Mall - Settings - Account and Security - Cancel Account"), you cancel your account through the self-service function of the website;
(2) Before the amended matters take effect, you stop using and expressly state that you do not wish to accept the amended matters;
(3) You expressly state that you no longer wish to use the Pickshell Mall Platform services and the termination conditions of the Pickshell Mall Platform are met.
[Termination Initiated by Pickshell Mall] In the following circumstances, Pickshell Mall may terminate this Agreement by notifying you in the manner specified in Article 8 of this Agreement:
(1) You violate the provisions of this Agreement, and Pickshell Mall terminates this Agreement in accordance with the breach clause;
(2) You steal others accounts, publish prohibited information, defraud others of property, sell counterfeit goods, disrupt market order, take improper means for profit, etc., and Pickshell Mall seals your account in accordance with the Pickshell Mall Platform Rules;
(3) In addition to the above circumstances, if you repeatedly violate the relevant provisions of the Pickshell Mall Platform Rules with serious circumstances, and Pickshell Mall seals your account in accordance with the Pickshell Mall Platform Rules;
(4) Your account is recovered by Pickshell Mall in accordance with this Agreement;
(5) You engage in fraud, publish or sell counterfeit/infringing goods, infringe on the legitimate rights and interests of others, or commit other serious illegal or breach actions on the Pickshell Mall Platform;
(6) Other circumstances where services should be terminated.
9.2 Handling After Termination
[Disclosure of User Information] After the termination of this Agreement, unless otherwise expressly provided by law, Pickshell Mall has no obligation to disclose any information in your account to you or any third party designated by you.
[Rights of Pickshell Mall] After the termination of this Agreement, Pickshell Mall still has the following rights:
(1) Continue to retain various types of information listed in Article 5 of this Agreement that you have retained on the Pickshell Mall Platform;
(2) For your past breaches, Pickshell Mall may still hold you liable for breach in accordance with this Agreement.
[Transaction Handling] After the termination of this Agreement, for transaction orders generated by you during the existence of this Agreement, Pickshell Mall may notify the counterparty to the transaction and decide whether to close such transaction orders based on the counterpartys wishes. If the counterparty requires continued performance, you shall continue to perform this Agreement and the transaction order with respect to such transaction order, and bear any losses or additional costs incurred as a result.
10. Governing Law, Jurisdiction and Miscellaneous
[Governing Law] The formation, effectiveness, interpretation, amendment, supplementation, termination, execution and dispute resolution of this Agreement shall be governed by the laws of the mainland region of the Peoples Republic of China. If there are no relevant laws, reference shall be made to commercial practices and/or industry practices.
[Jurisdiction] Disputes arising from your use of the Pickshell Mall Platform services and relating to the Pickshell Mall Platform services shall be resolved through negotiation between Pickshell Mall and you. If negotiation fails, either party may file a lawsuit with the peoples court having jurisdiction at the location of the defendant.
[Severability] If any provision of this Agreement is deemed invalid, void, or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement.