Terms and Conditions of EZVIZ Partner Platform Services

Posted: 2024.12.01

Effective: 2024.12.01

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

These Terms and Conditions (“Terms”) shall govern your use of EZVIZ’s Partner Platform Services. PLEASE READ THESE TERMS CAREFULLY. If you do not agree with these Terms, please do not use EZVIZ Partner Platform Services. BYUSING SERVICES ON THIS PLATFORM, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

THIS DOCUMENT IS PROVIDED TO YOU BY HANGZHOU EZVIZ NETWORK CO., LTD., EZVIZ EUROPE B.V. AND ITS AFFILIATES (“EZVIZ”, “we”, “us” or “Our”). THESE TERMS THEREFORE CONSITITUTE AN AGREEMENT BETWEEN YOU AND EZVIZ. 

YOU MAY NOT OBTAIN EZVIZ PARTNER PLATFORM 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 EZVIZ SERVICES BY APPLICABLE LAW.

THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

These Terms are incorporated into the EZVIZ Services https://www.ezviz.com/legal/terms-of-service, which also apply when you use our EZVIZ Partner Services.

1.  EZVIZ Partner Platform Services

EZVIZ Partner Platform Service is a free EZVIZ Service that is tailored to suit individual needs of our valued partners (namely our distributors and dealers who have signed sales contracts with EZVIZ and/or the entities we recognize, hereinafter “you”, “your” or yours”), including but not limited to receiving the latest EZVIZ Product information as well as the related marketing materials for further use and obtaining dedicated channel support in a timely manner (“EZVIZ Services”). We aim to create an online communication and proceed collaborative work for EZVIZ partners through EZVIZ Partner Platform, namely EZVIZ PNR App and dealer.ezviz.com.

To contribute to more pleasant experience for our partners, we also support purchasing our products online through EZVIZ Partner Platform (“E-Ordering Service”). pnr.ezviz.com.  This service is currently only available in some regions, and we may upgrade it from time to time.

2. Main Functions of EZVIZ Partner Platform Services

Staff management. Company User can easily manage your corporate organization through our platform by forming it and inviting your employees to join. For the purpose of invitation, you may provide email address of your employee to receive the invitation letter, and you hereby confirm that you’ve obtained his/her consent by using his/her email address for this purpose. Company User can customize the categories of their rights for all employees at any time.

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.

E-Ordering Service. We provide this service specifically for our distributor customers. You can check our product information online and place orders to EZVIZ, which will greatly facilitate the distribution cooperation between you and EZVIZ.

For more details of EZVIZ Partner Services, please refer to corresponding pages.

3. Access to EZVIZ Partner Platform Services

You must access EZVIZ Partner Platform Services through the Platform with a valid EZVIZ Partner Account, which supports your use on both of this Platform and EZVIZ PNR App.

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. 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 the self-service ways mentioned above, you can consult with your sales specialist of EZVIZ to accomplish the Registration. In any cases your registered information changed, please notify us immediately.

IT SHOULD BE NOTE THAT the natural persons who operate the Company User’s account in actual shall be deemed as the authorized representative with lawful, full and completed rights on behalf of the Company User. Any order(s), revoking or changing of the order(s) shall be irrevocably constituted as the Company User’s offers, counteroffers or otherwise valid expression of intention and promise. IN ANY CASES, you agree that we will be deemed to have taken due care to verify such person’s valid authorization, once your account is successfully logged in.

4. Conditions of E-Ordering Service

Entire Agreement.

You knowledge and agree that all your interactions during using the E-Ordering Service, including but not limited to place the order(s), shall be subject to: (i) these Terms;(ii)the sales agreement that you have signed or will sign with EZVIZ (“Sales Agreement”);(iii) any other written agreements you may have with EZVIZ regarding product transactions (if any). We believe that the content of these documents is smoothly connected and unambiguous. Please inform us promptly if you don’t think so.

Placing Order.

You can choose the content and quantity of corresponding EZVIZ products per your procurement needs through this Platform. When you submit the order by clicking the “Submit” button, the system will automatically issue a Proforma Invoice with order(s) details, which will be deemed as your purchase order to EZVIZ.

Despite our best efforts, it is still possible for some online PI information to be incorrect or not up-to-date. PLEASE NOTE THAT THE PROFORMA INVOICE IN NO CASES WILL CONSITITUTE OUR FINAL ACCEPTANCE. We will contact you via e-mail or other ways, to confirm the final details of your order, which will be deemed as the time of acceptance. You can exercise the right to withdraw the order(s) before the date of our final acceptance.

RMA Policies.

The platform does not support recording RMA requirements in your online order, and, EZVIZ RMA policy may vary from region to region. Please refer to the Sales Agreement or consult with your sales specialist of EZVIZ before you placing the order online.

Payment.

You should be ready for payment when you submit your order. Once your PI is accepted by EZVIZ, we shall be entitled to demand that you make payment according to the corresponding conditions.

Delivery.

Our shipping and delivery shall be in line with ICC INCOTERMS 2010 specific in the Proforma Invoice. We will endeavor to meet the delivery date according to the terms as agreed in written, however, that’s not guaranteed delivery times and should not be relied upon as such. The risk of loss or damage shall pass to you in accordance with the applicable INCOTERMS whilst the titles of products shall be transferred upon full payment.

5. 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 Platform Services, including the ones on EZVIZ PNR App and pnr.ezviz.com

To avoid misunderstandings, you should be aware that, most of the information you provide to EZVIZ may not be personal data, but rather information of your company, which should be subject to the confidentiality arrangement between us, which may already be described in the Sales Agreement. In addition, when you submit personal data of others to us (such as those of your employees), you should ensure that you have obtained explicit consent from them.

6. Disclaimer and Liability

THE EZVIZ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZVIZ PRODUCTS AND /OR SERVICES ARE PROVIDED BY EZVIZ ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EZVIZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE EZVIZ SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZVIZ SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EZVIZ SERVICES IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMISSIBLE BY LAW, EZVIZ DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EZVIZ DOES NOT WARRANT THAT THE EZVIZ SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EZVIZ SERVICES; ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM EZVIZ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, EZVIZ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY EZVIZ SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY EZVIZ SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

7. Compliance.

Any Products and any other products that contain Products shall be in compliance with all applicable export regulations. We shall not be liable for any claims or damages arising from such inherently dangerous use, illegally export or re-export of the products.

You hereby further confirms and undertakes that the Products shall not be resold (i) to countries or territories, subject to U.S. economic sanctions, including Cuba, Iran, North Korea, Syria , Sudan, the Crimea Region, the Crimea Region, Donetsk People’s Republic and Luhansk People’s Republic, or (ii) to any individual or entity that is listed on the Specially Designated Nationals and Blocked Persons List (an “SDN”) maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”), or that is listed on the Foreign Sanctions Evaders List maintained by OFAC (an “FSE”), or that, to the knowledge of you, is controlled or fifty percentage or more owned, directly or indirectly, by one or more SDNs or one or more FSEs. You hereby confirm and undertake that the Products shall not be resold or used in relation to weapons of mass destruction, or the development and/or production of chemical or biological weapons, or activities in the context or related to any nuclear explosive, or unsafe nuclear fuel-cycle activity, or in support of serious human rights abuses.

Both of us hereto shall take the human rights, social responsibilities, treat employees well, protect the environment, resist commercial bribery and unfair competition, be honest in business activities, contribute to the sustainable development of social economy and environment, and abide by laws and regulations and globally recognized business ethics standards/norms.

8. 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.

9. 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 Platform 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.

10. 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.

11. 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.  

12.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.

13.No Third Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

14.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.

15. Contact Us

Should you have any questions, please contact us immediately through the contact information on Contact Us(https://www.ezviz.com/page/contact-us) .

16. Addendum

Cookies Policy

We will explain to you how we collect, use and handle your personal information through cookies when you visit this Platform through Cookies Policy. Please review it before using this Platform and/or related features.

For our Cookie Policy:

[https://www.ezviz.com/legal/use-of-cookies]

Regions regarding EZVIZ Partner Platform Services

If you are located in the European Economic Area (“EEA”) and the UK, EZVIZ Europe B.V., located at Dirk Storklaan 3, 2132 PX Hoofddorp, Netherlands, is the service provider responsible for the EZVIZ Services covered by these Terms; For all other users, the service provider is Hangzhou EZVIZ Network Co.,Ltd, located at Room 301, Unit B, Building 2, 399 Danfeng Road, Binjiang District, Hangzhou, China.

More Information about EZVIZ Partner Platform Services

EZVIZ Partner Platform Services we offer may include (1) online services accessible through [www.dealer.ezviz.com] and all associated sites connected with it; (2) software applications that can be downloaded to a mobile device or computer, namely EZVIZ PNR App; and (3) any services available on the sites and apps mentioned above.

You may need to register an EZVIZ PNR Account via EZVIZ PNR App. More details about the Account creation and use in EZVIZ PNR App, please refer to the Terms of Services for EZVIZ PNR App:

[https://www.ezviz.com/legal/terms-of-service-pnr]

More Information about EZVIZ PNR Account

EZVIZ PNR Account is upgraded from the EZVIZ Account used of most EZVIZ Applications, like EZVIZ App.

For details about the use of EZVIZ Account, please refer to the Terms of Services for EZVIZ App:

[https://www.ezviz.com/legal/terms-of-service-app]