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Testcoo platform service agreement
This agreement is signed by Testcoo and inspector or auditor through the electronic form of the contract, the inspector or auditor register online as a user of Testcoo, shall be read and agree to the content of electronic contract. The registered time of Inspector or auditors as the time of electronic contract comes into effect. Inspector or auditor can be found at any time can also choose to download the electronic contract text content.
1.1 The content of this Agreement includes the main text hereof and various rules which have been or may be published in future by testcoo.com. All such rules are an integral part of this Agreement, and all have the same legal effect as the main text hereof.
1.2 Your login to the testcoo.com website by whatever means and your use of the Services indicates that you have fully read, understood and agreed to accept the terms and conditions of this Agreement (collectively the “Terms”).
1.3 They are not applicable if and as far as they are in conflict with the regulations on services performed on behalf of governments, government bodies or any other public entity, or they are in conflict with mandatory provisions of local law.
1.4 Testcoo has the right to amend any Terms in accordance with its business needs and will amend the Terms by posting the revised and restated Terms on its website without any further notice to you separately. The amended and restated Terms shall take effect upon its publication at the testcoo.com website. If you disagree with such amendment, please terminate your use of the Services immediately. Otherwise, it will be deemed that you have accepted the revised and restated Terms. In the event of dispute arising between you and Testcoo, the latest Terms shall prevail.
2.1 You hereby acknowledge that, when you complete the registration process or otherwise use the Services by other means permitted by Testcoo, you are a person that has full legal capacity and the capacity for civil conducts you purport to undertake. If you do not possess the foregoing capacity, please do not use the Services; otherwise, you and your guardian shall bear all consequences arising there from and Testcoo shall have the right to close or permanently freeze your account and claim against you and your guardian.
2.2 After completing the procedures for registration or activation, you must correctly provide and update your information following the instructions on the corresponding web pages of this website in accordance with the laws and regulations so as to ensure the information provided is true, up-to-date, complete and accurate. If there are reasonable grounds to doubt that the information you have provided is incorrect, false, outdated or incomplete, Testcoo has the right to send you an inquiry and/or a notice requesting correction and to directly delete any corresponding information until the suspension or termination of the Services (in whole or in part) provided to you without any liability, and you are solely liable for any and all resulting direct and indirect losses and adverse consequences.
2.3 Service Form: You will be able to acquire information from Testcoo’s platform, providing goods inspection, factory audit and other service to Testcoo’s users. Testcoo reserves the right to adjust the service fee.
2.4 Service period: from the effective date of this agreement till the deletion of the account.
2.5 Service fee: Charge and payment
(1) The price of the service provided by you will be the real-time price published on the order by Testcoo.
(2) Once the service is completed, the service fee will be issued to your account created in the Testcoo’s platform automatically.
(3) To protect both party’s benefit, Testcoo will reserve some amount of service fee as deposit. Upon the cancellation of your account, you will need to apply to cancel the deposit, and Testcoo will return your deposit within 7 days since your application.
(4) You can transfer fund from your Testcoo account to your binding bank account at any time without issuing invoice to Testcoo, however service fee will be charged for each transaction.
2.6 You should never leak any information of customer’s order to the others, take sample without authorization, accept gift from the supplier, and provide other business unrelated to the service, once verified, the account will be freeze or deleted, in serious cases, you will be followed the legal consequences.
2.7 Without Testcoo’s approval, you must not abandon the service.
2.8 You must upload the report before mid-night on the service date.
2.9 FORCE MAJEURE
(1) Neither party shall be liable to the other for any delay in performing or failure to perform any obligation under this Agreement to the extent that such delay or failure to perform is a result of;
(a) war (whether declared or not), civil war, riots, revolution, acts of terrorism, military action, sabotage and/or piracy;
(b) natural disasters such as violent storms, earthquakes, tidal waves, floods and/or lighting; explosions and fires;
(c) strikes and labour disputes, other than by any one or more employees of the affected party or of any supplier or agent of the affected party; or
(d) failures of utilities companies such as providers of telecommunication, internet, gas or electricity services.
(2) A party whose performance is affected by an event described in Clause (1) (a Force Majeure Event) shall:
(a) promptly notify the other party in writing of the Force Majeure Event and the cause and the likely duration of any consequential delay or non-performance of its obligations;
(b) use all reasonable endeavours to avoid or mitigate the effect of the Force Majeure Event and continue to perform or resume performance of its affected obligations as soon as reasonably possible; and
(c) continue to provide Services that remain unaffected by the Force Majeure Event.
(3) If the Force Majeure Event continues for more than sixty (60) days after the day on which it started, each party may terminate this Agreement by giving at least ten (10) days' written notice to the other party.
3.1 In case of customer complaint, if it’s your responsibility, partial of deposit will be deducted accordingly
3.2 In case of customer claim, Testcoo and you will both bear liability for compensation, partial or full of the deposit will be deducted.
3.3 In case of the order cancelation by Testcoo, if it is on the service day, Testcoo will compensate you 50% of the service fee.
3.4 Without written approval from Testcoo (shall not refuse or delay the service without any reasonable excuse), you are not entitled to transfer or subcontract any rights or obligations under this contract to third party.
3.5 You have subcontracted the service from Testcoo platform. Testcoo will take no responsibility if any incident occurred during service procedure.
4.1 Testcoo is duly registered and validly existing under the local laws and regulations.
4.2 Testcoo has already take any necessary means to obtain the authorization to sign, deliver and carry out this agreement.
4.3 Testcoo has the right to sign and carry out the obligations under this agreement without any other’s consent.
4.4 Service terms or authorize you to use our service will not infringe any other party’s intellectual property.
5.1 Testcoo reserve the right to terminate this agreement at any time, and retain your account and any related information or documents.
5.2 You has the right to terminate this agreement at any time. Upon termination of the account, Testcoo is not obliged to retain any information in or in connection with the account or forward any unread or unsent messages to you or any third party
6.1 not disclose that Confidential Information to any third party without the prior written consent of the Disclosing Party
6.2 As state in the former terms, Testcoo has the permission to provide the confidential information to its employees, consultants and suppliers. And such confidential information would only be provided if it is necessary to fulfill the obligation of this contract, as well as those employees, consultants and suppliers agree to keep same or even strict level of obligation of confidentiality
6.3 For all purposes of this agreement, “Confidential Information” refers to the information related to one party and is specified as confidential information by the party, or any information that could be reasonably identified as confidential by any party. Confidential information includes but not only limit to name list, or information and material related to any party’s business, possessed or acknowledged by the other party in which ever means, but excludes the followings:
(1) Information and material possessed or acknowledged by the receiving party before the other party’s acceptance.
(2) Information and material acquired from the third party without confidential obligations.
(3) Information and material become known to the public not because of the receiving party’s breach of confidential.
(4) Information and material developed independently by the receiving party’s developer who has no access to the confidential information. Or
(5) Any information or material that is authorized to disclose, or defined as no longer confidential or exclusive by the receiving party in written format.
Unless specifically agreed otherwise, all disputes arising out or in connection with Contractual Relationship(s) hereunder shall be governed by the substantive laws of China exclusive of any rules with respect to conflicts of laws and be finally settled under the Rules of Arbitration of China by one or more arbitrators appointed in accordance with the said rules. The arbitration shall take place in registered place of company
In the event of any discrepancy between the English and the Chinese version of these General Terms and Conditions, the English version shall prevail.