Posted: November 11, 2021
Effective: November 11, 2021
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.BY SUBSCRIPTION ON EZVIZ APPS, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
THIS DOCUMENT IS PROVIDED TO YOU BY EZVIZ.INC, THESE TERMS THEREFORE CONSITITUTE AN AGREEMENT BETWEEN YOU AND EZVIZ.INC (“EZVIZ”, “we” or “Our”). AND EZVIZ SHALL RESERVE THE RIGHT TO TERMINATE THIS AGREEMENT WITHOUT INCURRING ANY LIABILITY.
THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
YOU MAY NOT OBTAIN EZVIZ PARTNER SERVICES FROM US IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OR EZVIZ APPS BY APPLICABLE LAW.
1.Notice
EZVIZ Partner Service is a free EZVIZ Service that is tailored to suit individual needs of our valued partners, including but not limited to receiving the latest Product information as well as the related marketing materials for further use and obtaining dedicated channel support in a timely manner. We aim to create an online mobile communication and proceed collaborative work through EZVIZ Partner APP (“EZVIZ platform”) for EZVIZ partners.
These Terms and Conditions (“Terms”) shall govern your use of EZVIZ’s Partner services. PLEASE READ THESE TERMS CAREFULLY. If you do not agree with these Terms, please do not use EZVIZ Partner Services.
These Terms are incorporated into the EZVIZ Services’ Terms of Service, which also apply when you use our EZVIZ Partner Services.
2.Access to EZVIZ Partner Services
EZVIZ Partner Registration we offer various ways for you to join us as an EZVIZ Partner, and information that we collect depends on your use of the Services. For example, when you join us as a Company (“Company user”), we may collect the Company information, such as the company name, company address, company phone number, etc., for the purpose of verification and establishment of your corporate organization and if you choose to join us as an individual, you may provide your name, your email address, your company, your country or region, etc. Meanwhile, you are also able to use our services by joining a company as its staff, you are supposed to be invited by your company and are required to provide the invitation code to complete the registration.
In addition to Registration, we may get in touch with you through the contact information you have provided to use the EZVIZ Partner Services, and we may also conduct on-site visits as well as take photos for the purpose of recording the on-site visits with your prior consent.
3.Other Functions of EZVIZ Partner Services
Staff management. Company user is able to invite your employee to form your corporate organization through our platform. For the purpose of invitation, you may provide email address of your employee to receive the invitation letter, and you hereby agree to obtain his/her consent by using his/her email address for this purpose.
Partner Co-Marketing you will be eligible to gain the insight into the market by receiving the courses of our latest product promotion, advertising materials and other information published on the platform. Meanwhile, you could share these materials to other social platforms, such as Facebook per your preference.
For more specific rules of using EZVIZ Partner Services, please refer to corresponding pages.
4.Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your order and/or use of our EZVIZ Partner Services.
5.Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
6.Governing Law and Dispute Resolution
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of People’s Republic of China, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
You agree all disputes arising out of or relating, in any way, to these terms or your order or use of the EZVIZ Partner Services, on an individual and purely bilateral, non-class/non-representative bases, shall be resolved by means of arbitration and shall be submitted exclusively to the China International Economic and Trade Arbitration Commission (“CIETAC”) in Beijing in accordance with CIETAC rules. The preceding provision regarding dispute resolution does not apply in certain jurisdiction where such dispute resolution may be prohibited. For example, if you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR EZVIZ WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
7.Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
8.Relationships of Partners and EZVIZ
You hereby agree that you shall be independent of EZVIZ and not an agent, employee or representative of EZVIZ. It is understood that any cooperation between partners and EZVIZ shall be concluded by separately agreements.
9.No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of EZVIZ.
10.No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
11.Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
12.Entire Agreement
These Terms and the Terms of Service are the final and integrated agreement between you and us on the matters contained in these Terms.
EZVIZ Inc.
908 Canada Court, City of Industry, CA 91748, United States