PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

This website is an electronic publication of and a service provided by GOOMAAI Internet Solutions (Hangzhou) Ltd (hereinafter referred to as "GOOMAAI").

Any and all use of this website is subject to, and constitutes acknowledgment and acceptance of, the following terms ("Terms of Use").

GOOMAAI may amend these Terms of Use at any time by posting the amended version on this site. Such amended version shall automatically be effective upon its posting on this site.

1. Definitions

In these Terms of Use, the following words and expressions shall, unless the context otherwise requires, have the following respective meanings:

"Force Majeure Event" in relation to a person or entity shall mean an event beyond that person's or entity's reasonable control, including but not limited to: acts of God; fire; flood; explosion; storm; disaster; vandalism; power surge or outage; cable cut; disruptions or failures in telecommunication systems or equipment or electrical power or supply; server crashes; back-up failures; disruptions to or failure of Internet access or connectivity; serious accidents; epidemics or quarantine restrictions; any law, order, regulation, direction, action or request of any government (including state and local governments) or any civil or military authority, or of any dependent agency, commission, court, bureau, corporation or other instrumentality thereof; allocation regulations or orders affecting materials and/or the supply thereof; national emergencies, insurrections, riots, civil commotion, war or warlike operations; strikes, lockouts, work stoppages or labour disputes, troubles or difficulties; delays in transportation; supplier failures, shortages, breaches or delays; or inability after due and timely diligence to procure materials, accessories, equipment or parts.

"Goomaai Content" shall mean all content or materials (including text and images) in this website, all files within this website and all data within such files, but excluding Third Party Content.

"Goomaai" shall mean GOOMAAI International (Hangzhou) Ltd, a P.R. China corporation.

"Overall Content" shall mean the Goomaai Content, the Third Party Content, and any and all attachments transmitted through this website.

"Specific Services" shall mean those services, provided by relevant users of the Goomaai in or through this website, which are subject to other specific terms and conditions in addition to these Terms of Use.

"Specific Terms" shall mean the respective terms and conditions applicable to Specific Services, including those prescribed or imposed by relevant users of the Goomaai in relation to such Specific Services, or those contained in respective agreements entered into between Visitors and relevant users of the Goomaai in relation to such Specific Services.

"Third Party Content" shall mean those content or materials (including text and images) in this website the titles, rights and interests in or to which are not owned by users of the Goomaai but by the respective Third Party Licensors.

"Third Party Licensors" shall mean the respective owners of the titles, rights and interests in or to the Third Party Content.

"Visitor" shall mean the individual who, or the entity whose agent, accesses or uses this website, the services provided in this website, or any of the Overall Content.

2. Application of other terms and conditions

These Terms of Use shall apply to each Specific Service, in addition to any and all other Specific Terms applicable to such Specific Service; provided however that:

a. in the event of any conflict or inconsistency between any provision of the Specific Terms and any provision of these Terms of Use, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favourable to GOOMAAI and/or other users of the Goomaai; and

b. only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the Specific Terms shall prevail.

3. Intellectual Property

Unless otherwise expressly stated:

a. all titles, rights and interests (including without limitation copyright) in respect of the Goomaai Content belong to GOOMAAI and/or other relevant users of the Goomaai, and nothing herein confers on the Visitor any title, right or interest in respect thereof; and

b. all titles, rights and interests (including without limitation copyright) in respect of Third Party Content belong to the respective Third Party Licensor, and nothing herein confers on the Visitor any title, right or interest in respect thereof.

4. Use of Goomaai Content

Visitors to this website may use the Goomaai Content solely and exclusively for personal or internal purposes. The Visitor may download and/or reproduce limited portions of the Goomaai Content on an occasional ad hoc basis and distribute such Goomaai Content internally, solely and exclusively for personal or internal purposes;

PROVIDED HOWEVER THAT:

a. the use, reproduction and distribution of such Goomaai Content (either in hard copy or electronic form) is not done in any manner which might be competitive with the Goomaai's use, reproduction or distribution of content or other content similar thereto; and

b. such Goomaai Content is reproduced and distributed with appropriate notices, including copyright notices, indicating GOOMAAI (and/or other relevant users of the Goomaai, as the case may be) as the source of such Goomaai Content and prohibiting any further reproduction or distribution of such Goomaai Content.

Downloading, reproduction, distribution and/or use of any Goomaai Content does not transfer any title, right or interest in or to such Goomaai Content, and such Goomaai Content may be downloaded, reproduced, distributed and/or used only in accordance with this paragraph 4.

Except as expressly permitted in this paragraph 4, Visitors to this website may not copy, reproduce, modify, alter, reverse engineer, disassemble, sell, transfer, rent, license, publish, distribute, disseminate in any form or otherwise allow access to all or any Goomaai Content or Third Party Content.

If the Visitor is a corporation, this provision shall apply to any subsidiary, affiliate or parent of such corporation.

Registered Users

4.1 Each User who has completed and submitted a registration form either online on the Site or offline by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) to Goomaai or another Goomaai group company providing the relevant specific services is a registered user of the Site (a "Registered User"). An Account ("Account ") will be established for each Registered User and each Registered User will be assigned a user alias ("Login ID") and password ("Password") for log-in access to its own Account.

4.2 A web-based email account with limited storage space may be assigned to the User to send or receive email (the "Email Account"). The Registered User shall be responsible for all uses and the content of all the messages communicated through its Email Account, as well as the consequences of any such messages.

4.3 If the Registered User is a business entity or private, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Goomaai and its affiliates during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.

4.4 By becoming a Registered User, you consent to the inclusion of your personal data in our Global Buyer Database and authorize Goomaai and its affiliates to share such information with other Users.

4.5 The Registered User shall not use the Email Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, the Registered User shall not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.

4.6 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of Goomaai. Goomaai may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.

4.7 Notwithstanding Section 4.1 above, Goomaai may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason.

5. Users Who Post Advertisement on the Site

5.1 You must be a Registered User in order to post advertisement on the Site using the self-help submit and edit tools provided through the Site.

5.2 No sales agency relationship is created between any User and Goomaai, our affiliates, directors, officers or employees by virtue of Goomaai's display of any of the User's information on the Site.

5.3 Each User hereby represents, warrants and agrees to (a) provide Goomaai with true, accurate, current and complete information to be displayed on the Site and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license to Goomaai to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.

5.4 Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secrets or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to Goomaai or authorizes Goomaai to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, or affecting or relating to products that are offered or displayed on the Site, including but not limited to rights of personality and rights of privacy, are hereafter referred to as "Third Party Content." Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Goomaai or authorizes Goomaai to display does not, and that the products represented thereby do not, violate any Third Party Contents, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import, export and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation, export and/or distribution of those products violates no Third Party Contents.

5.5 Each User hereby represents, warrants and agrees that information submitted to Goomaai for display on the Site shall not:

a. contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;

b. be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;

c. relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Contents;

d. impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

e. violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

f. be defamatory, libelous, unlawfully threatening or unlawfully harassing;

g. be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;

h. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

i. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;

j. solicit business from any Users in connection with a commercial activity that competes with Goomaai;

k. contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

l. link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement;

m. violate any provision in the Product Listing Policy;

n. otherwise create any liability for Goomaai or its affiliates.

5.6 Goomaai reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject Goomaai and its affiliates to liability, violates this Agreement or is otherwise found inappropriate in Goomaai's opinion. Goomaai reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, Goomaai may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Goomaai shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Goomaai for such disclosure. In connection with any of the foregoing, Goomaai may suspend or terminate the Account of any User as Goomaai deems appropriate in its sole discretion. User agrees that Goomaai shall have no liability to User, including no liability for consequential or any other damages, in the event Goomaai takes any of the actions mentioned in this Section, and that User agrees to bear the risk that Goomaai may take such actions.

6. Transactions between Buyers and Suppliers

6.1 Through the Site, Goomaai provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers. Goomaai reserves the right to limit certain features and functions of the platform to prescribed Registered Users. Despite the provision of the platform through the Site, Goomaai does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the Site. Goomaai does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

6.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Goomaai uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Goomaai cannot and does not confirm each User's purported identity (including, without limitation). We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.

6.3 Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Contents, and the risk that User may incur costs of defense or other costs in connection with third parties' assertion of Third Party Contents, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Contents claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that Goomaai shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

6.4 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

6.5 User agrees to provide all information and materials as may be reasonably required by Goomaai in connection with its transactions made via the transactional platform on the Site. Goomaai has the right to suspend or terminate any User’s Account if the User fails to provide the required information and materials.

6.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Goomaai (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

7. Protection of Intellectual Property Rights

The Visitor expressly acknowledges that this website and the Goomaai Content (or the Third Party Content, as the case may be) were prepared by the Goomaai (or the Third Party Licensors, as the case may be) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money.

The Visitor agrees to protect all copyright and other intellectual property or other proprietary rights and interests of the Goomaai (or the Third Party Licensors, as the case may be) in or to this website and the Goomaai Content (or the Third Party Content, as the case may be).

In addition, the Visitor shall honor and comply with reasonable written requests made by the Goomaai in connection with the protection, enforcement or exercise of the Goomaai's (or, as the case may be, the Third Party Licensors') contractual and other legal (whether statutory or common law) or equitable rights and remedies in respect of this website and the Goomaai Content (or the Third Party Content, as the case may be).

8. Updates

All updates to or additional Goomaai Content and Third Party Content and all new versions of this website shall be subject to these Terms of Use as if each such update, addition and/or new version were the original Goomaai Content, Third Party Content or website (as the case may be) referred to herein.

9. Modifications

The Goomaai reserves the right to alter or modify this website, including portions thereof, from time to time. Such alterations or modifications may include, without limitation, addition or withdrawal of features, services, data or content or changes in instructions. The Goomaai may also at any time suspend or discontinue all or any part of this website or the provision of updates.

10. No endorsement of third parties

a) The Goomaai does not endorse or make any representation or warranty whatsoever (whether express or implied), and shall not be responsible or liable under any circumstances whatsoever, in respect of :

i. any third party website hyperlinked to this website, or any products, services, information, data or other content offered or provided therein; and/or

ii. any product, service, information, data or other content offered or provided by third parties in or through this website.

Such third party websites and such third party products, services, information, data or other content (whether provided or offered therein or in or through this website) are the sole responsibility of independent third parties, and as against the Goomaai, the Visitor's use thereof or reliance thereon is solely at the Visitor's own risk. A Visitor's rights and remedies in respect thereof are governed solely by other applicable agreements or terms (if any) between the Visitor and the relevant third party.

b) Without prejudice to the generality of paragraph 8(a) above:

i. a description or reference to a product or service in this website (including any description or reference via hyperlink) does not imply endorsement by any User of the Goomaai of that product or service;

ii. the Goomaai does not make any representation or warranty as to the quality, accuracy, reliability or suitability of any third party websites or any third party products, services, information, data or other content (whether provided or offered therein or in or through this website); and

iii. the Goomaai shall not be liable or responsible for any defects, deficiencies, errors, omissions or inaccuracies in any third party websites or any third party products, services, information, data or other content (whether provided or offered therein or in or through this website).

11. Limitation of Liability

11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND GOOMAAI HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

11.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOOMAAI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, GOOMAAI DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY CONTENTS; AND GOOMAAI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.

11.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from Goomaai or through or from the Site shall create any warranty not expressly stated herein.

11.4 The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Goomaai and its affiliates be held liable for any such services or products.

11.5 Under no circumstances shall Goomaai be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

11.6 Each User hereby agrees to indemnify and save Goomaai, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save Goomaai, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Goomaai, including but not limited to those set forth in Sections 5.3, 5.4 and 5.5 above. Each User hereby further agrees to indemnify and save Goomaai, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Contents claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Goomaai is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Goomaai reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Goomaai in asserting any available defenses.

11.7 Goomaai shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:

a. the use or the inability to use the Site;

b. any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;

c. violation of Third Party Contents or claims or demands that Users' manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Contents; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Contents claimants;

d. unauthorized access by third parties to data or private information of any User;

e. statements or conduct of any User of the Site; or

f. any matters relating to Value Services however arising, including negligence.

11.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Goomaai, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Use for all claims arising from the use of the Site or the Goomaai service shall be limited to the greater of (a) the amount of fees the User pays to Goomaai or its affiliates in the 12 months period prior to the action giving rise to liability and (b) US$11. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or the Goomaai service must be filed within one (1) year from the date the cause of action arose.

12. Entire agreement

These Terms of Use, together with any other Specific Terms relating to Specific Services (if applicable), constitute the entire agreement between the parties with respect to the subject matter hereof and thereof, and supersede any and all prior written and/or oral representations, understandings, agreements or communications between the parties regarding the subject matter hereof and thereof.

The provisions and terms of any purchase order or other instrument issued by the Visitor shall be of no effect and the acceptance of any such order or instrument shall not in any way extend or alter these Terms of Use (or any other Specific Terms relating to Specific Services, if applicable).

13. Waivers

Failure of either party to insist at any time upon strict compliance with any provision herein or to seek remedy of any breach shall not constitute or be construed as a waiver of such provision or breach, or of any other rights or remedies.

14. Illegality

If any provision of these Terms of Use is or becomes illegal, invalid or unenforceable ("Affected Provision"), such Affected Provision shall, to the maximum extent possible, be modified and/or replaced by an equivalent legal, valid and enforceable provision in a manner which accords with or which gives effect to, as closely as possible, the original intent of the Affected Provision. If, however, such modification or replacement is not permissible, then the Affected Provision (or the modification, replacement or severance thereof) shall be deemed to be severed from these Terms of Use. The illegality, invalidity or unenforceability of the Affected Provision shall not in any way affect the legality, validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.

15. Notices

15.1 All notices or demands to or upon Goomaai shall be effective if in writing and shall be duly made when sent to Goomaai in the following manner: to GOOMAAI Internet Solutions (Hangzhou) Ltd, Room 1411, Mao Tai Building, No. 83 North Zhonghe Road (Zhonghe Bei Lu) Hangzhou, 310003 P.R. China, Attn: Legal Department.

15.2 All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Goomaai, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when

a. Goomaai is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or

b. immediately upon Goomaai's posting such notice on an area of the Site that is publicly accessible without charge.

16. General

16.1 Subject to any additional agreements relating to Value Services, this Agreement and the Privacy Policy constitute the entire agreement between the User and Goomaai with respect to and governs the use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.

16.2 Goomaai and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

16.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

16.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

16.5 Goomaai's failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right nor waives Goomaai's right to act with respect with subsequent or similar breaches.

16.6 Goomaai shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement and in any agreement relating to Value Services to any person or entity (including any affiliates of Goomaai). The User may not assign, in whole or part, this Agreement to any person or entity.

16.7 This Agreement shall be governed by the laws of the P.R. China without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Hangzhou China.

16.8 If there is any conflict between the English version and another language version of this Agreement, the English language version shall prevail.