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Terms and Conditions
1. My Account
2. Privacy
2.1 Controllers of Personal Information
2.2 What Personal Information About Users Does MyMingpai.com Gather?
2.3 Does MyMingpai.com share the information it receives?
2.4 How secure is information about me?
2.5 What About Third-Party Advertisers and Links to Other Websites?
2.6 Are Children Allowed to Use MyMingpai.com?
2.7 Conditions of Use, Notices, and Revisions
3. Access to MyMingpai.com
4. Licence for website access
5. Your conduct
6. Reviews, comments, communications and other fulltext
7. Defamation claims
8. Copyright, authors' rights and database rights
9. Intellectual Property Claims
10. Trademarks
11. Other businesses
12. Electronic communications
13. Losses
14. Alteration of Service or Amendments to the Conditions
15. Events beyond our reasonable control
16. Waiver
17. Governing law and jurisdiction
18. Our details
Welcome to MyMingpai.com. MyMingpai.com provides access to the MyMingpai.com website (the "website") and provides information to you subject to the conditions set out on this page.
Please read these conditions carefully before using the MyMingpai.com website. By using the MyMingpai.com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future MyMingpai.com service, you will also be subject to the conditions applicable to that service.
Conditions Relating to Your Use of MyMingpai.com
1. My Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Sign In area of the website.
MyMingpai.com reserves the right to refuse access to the website, terminate accounts, remove or edit fulltext, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
2. Privacy
Please review our Privacy Notice below, which also governs your visit to MyMingpai.com, to understand our practices.
MyMingpai.com Privacy Notice
MyMingpai.com knows that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. This notice describes the privacy policy of MyMingpai.com By visiting MyMingpai.com, you are accepting and consenting to the practices described in this Privacy Notice.
2.1 Controllers of Personal Information
Any personal information provided to or to be gathered by MyMingpai.com is controlled solely by us.
2.2 What Personal Information about users does MyMingpai.com gather?
The information we learn from users helps us personalise and continually improve your experience at MyMingpai.com. We use the information to communicate with you about services and promotional offers, update our records and generally maintain your accounts with us, display fulltext such as wish lists and user reviews and recommend merchandise and services that might be of interest to you. We also use this information to improve our platform, prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or other functions on our behalf.
Here are the types of information we gather.
l Information you give us: we receive and store any information you enter on our website or give us in any other way. You can choose not to provide certain information but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, communicating with you.
l Automatic information: we receive and store certain types of information whenever you interact with us. For example, like many websites, we use "cookies" and we obtain certain types of information when your Web browser accesses MyMingpai.com. A number of companies offer utilities designed to help you visit websites anonymously. Although we will not be able to provide you with a personalised experience at MyMingpai.com if we cannot recognise you, we want you to be aware that these tools exist.
l E-mail communications: to help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from MyMingpai.com if your computer supports such capabilities. We also compare our user list to lists received from other companies in an effort to avoid sending unnecessary messages to our users. If you do not want to receive e-mail or other mail from us, please adjust contact us by email or telephone.
l Information from Other Sources: we might receive information about you from other sources and add it to our account information.
2.3 Does MyMingpai.com share the information it receives?
Information about our users is an important part of our business and we are not in the business of selling it to others. MyMingpai.com shares user information only as described below with its mother company E-luxury Brands Distribution Ltd. which are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.
l Third party service providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from user lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing user service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
l Promotional offers: Sometimes we send offers to selected groups of MyMingpai.com users on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please contact us by email or telephone.
l Business transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries or business units. In such transactions, user information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the user consents otherwise). Also, in the unlikely event that MyMingpai.com or substantially all of its assets are acquired, user information will of course be one of the transferred assets.
l Protection of MyMingpai.com and others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property or safety of MyMingpai.com, our users or others. This includes exchanging information with other companies and organisations for fraud protection. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from users for commercial purposes in a way that is contrary to the commitments made in this Privacy Notice.
l With your consent: other than as set out above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information.
2.4 How secure is information about me?
l We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
l We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable user information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
l It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
2.5 What about third-party advertisers and links to other websites?
Our site may include third-party advertising and links to other websites. We do not provide any personally identifiable user information to these advertisers or third-party websites. These third-party websites and advertisers, or Internet advertising companies working on their behalf, sometimes use technology to send (or "serve") the advertisements that appear on our website directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising fulltext. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by this Privacy Notice. Please contact them directly for more information about their privacy practices.
2.6 Are children allowed to use MyMingpai.com?
MyMingpai.com does not sell products for purchase by children. If you are under 18, you may use MyMingpai.com only for information purposes with the involvement of a parent or guardian.
2.7 Conditions of use, notices, and revisions
If you choose to visit MyMingpai.com, your visit and any dispute over privacy is subject to this Privacy Notice and our Conditions of Use, including limitations on damages and application of the laws of the People’s Republic of China. If you have any concern about privacy at MyMingpai.com, please e-mail us a thorough description and we will try to resolve the issue for you.
Our business changes constantly and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of user information collected in the past without the consent of affected users.
3. Access to MyMingpai.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
4. Licence for website access
MyMingpai.com grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MyMingpai.com. This licence does not include any resale or commercial use of this website or its fulltexts; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its fulltexts; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MyMingpai.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising MyMingpai.com's or its affiliates' names or trademarks without the express written consent of MyMingpai.com. Any unauthorised use terminates the permission or license granted by MyMingpai.com.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of MyMingpai.com as long as the link does not portray MyMingpai.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MyMingpai.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
5. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not MyMingpai.com, are responsible for all electronic communications and fulltext sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
l for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
l to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
l to cause annoyance, inconvenience or needless anxiety
6. Reviews, comments, communications and other fulltext
Users of this website may post reviews, comments and other fulltext; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the fulltext is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any fulltext. MyMingpai.com reserves the right (but not the obligation) to remove or edit any fulltext.
If you do post fulltext or submit material, and unless we indicate otherwise, you
(a) grant MyMingpai.com and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such fulltext throughout the world in any media; and
(b) MyMingpai.com and its affiliates and sublicensees the right to use the name that you submit in connection with such fulltext, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such fulltext and material. You agree to waive your right to be identified as the author of such fulltext and your right to object to derogatory treatment of such fulltext. You agree to perform all further acts necessary to perfect any of the above rights granted by you to MyMingpai.com, including the execution of deeds and documents, at the request of MyMingpai.com.
You represent and warrant that you own or otherwise control all of the rights to the fulltext that you post; that, as at the date that the fulltext or material is submitted to MyMingpai.com: (i) the fulltext and material is accurate; (ii) use of the fulltext and material you supply does not breach any applicable MyMingpai.com policies or guidelines and will not cause injury to any person or entity (including that the fulltext or material is not defamatory). You agree to indemnify MyMingpai.com and its affiliates for all claims brought by a third party against MyMingpai.com or its affiliates arising out of or in connection with a breach of any of these warranties.
7. Defamation claims
Because MyMingpai.com hosts many thousands of comments, it is not possible for us to be aware of the fulltexts of each comment or review that is displayed. Accordingly, MyMingpai.com operates on a "notice and takedown" basis. If you believe that any fulltext on the website contains a defamatory statement, please notify us immediately by following our Notice and Procedure for Notifying of Defamatory fulltext. Once this procedure has been followed, MyMingpai.com will make all reasonable endeavours to remove the defamatory fulltext complained about within a reasonable time.
8. Copyright, authors' rights and database rights
All fulltext included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MyMingpai.com, its affiliates or its fulltext suppliers and is protected by international copyright, authors* rights and database right laws. The compilation of all fulltext on this website is the exclusive property of MyMingpai.com and its affiliates and is protected by international copyright and database right laws. All software used on this website is the property of MyMingpai.com, our affiliates or our software suppliers and is protected by international copyright and authors* rights laws.
You may not systematically extract and/or re-utilise parts of the fulltexts of the website without MyMingpai.com's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without MyMingpai.com's express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without MyMingpai.com's express written consent.
9. Intellectual Property Claims
MyMingpai.com (the trading name for E-luxury Brands Distribution Ltd. ) and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Infringement.
10. Trademarks
MYMINGPAI.COM, MYMINGPAI, THE MYMINGPAI LOGO and other marks indicated on our website are trademarks or registered trademarks of MyMingpai.com or its subsidiaries (collectively "MyMingpai"), in China or other jurisdictions. MyMingpai.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of MyMingpai. MyMingpai's trademarks and trade dress may not be used in connection with any product or service that is not MyMingpai's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits MyMingpai. All other trademarks not owned by MyMingpai that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MyMingpai.
11. Other businesses
Parties other than MyMingpai.com and its subsidiaries operate stores, provide services, or sell product lines on this website. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the fulltext of their websites. MyMingpai.com does not assume any responsibility or liability for the actions, products, and fulltext of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share user information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
12. Electronic communications
When you visit MyMingpai.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. Losses
MyMingpai.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. MyMingpai.com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
14. Alteration of service or amendments to the conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
15. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
16. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
17.Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of the People’s Republic of China and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the district of Shanghai city.
18. Our details
MyMingpai.com is the trading name for E-luxury Brands Distribution Ltd..
This website is owned and operated by E-luxury Brands Distribution Ltd.. Any other third-party seller programmes operated on the website from time to time are operated by E-luxury Brands Distribution Ltd..
For the MyMingpai.com website (excluding any third-party seller programmes on the website):
E-luxury Brands Distribution Ltd.
Registration number : ICP 08023429
You can contact us by visiting www.MyMingpai.com/contactus
For other third-party seller programmes on the website:
E-luxury Brands Distribution Ltd.
You can contact us by visiting www.MyMingpai.com/contactus
Notice and Procedure for Making Claims of Infringement
MyMingpai.com is the trading name for E-luxury Brands Distribution Ltd.. We respond expeditiously to intellectual property rights owners who complete and submit the Notice Form (below) to communicate concerns of any alleged infringement.
Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to MyMingpai.com or in connection with the submission of a Notice Form. and its affiliates the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its fulltext throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing fulltext. You agree to indemnify MyMingpai.com and its affiliates for all claims brought by a third party against MyMingpai.com or its affiliates arising out of
Note on Third Party Seller Listings:
Please keep in mind that Third Party Seller listings are merely hosted on MyMingpai.com and are posted solely at the direction of Third Party Sellers who may be contacted by their "Seller Information" page, accessible from any of their listings.
Important Warning:
Giving false, misleading or inaccurate information in the Notice to MyMingpai.com may result in civil liability. You should contact a solicitor should you have any questions.
Notice Form:
If you believe that your intellectual property is being violated by an item or information on the MyMingpai.com site, you may fill out the Notice Form (below) using the corresponding numbered paragraphs to frame your communication. This signed form can be sent via PDF or Fax to:
Email PDF:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Subject Line: Claim of Infringement
(We will accept a signed PDF via email with the subject line "Claim of Infringement", unless by prior agreement we have agreed with you for an alternative receipt mechanism). An example of a completed Notice Form is below.
Please fill out the Notice Form using the corresponding numbered paragraphs to frame your communication:
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Notice Form
Re:www.MyMingpai.com (trading name for E-luxury Brands Distribution Ltd.)
I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:
(1) Contact information:
(a) Your and/or your company's name, address, telephone number and contact email address;
(b) The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a).
(2) Listing's Allegation of Infringed Right:
(a) The listing's detailed description of where the information that you claim is infringing your rights is located on the site; if regarding a Third Party Seller listing please also provide the name of used to identify the Seller on the site (look for "dispatched and sold by _____" or "by ______" in the listing).
(b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent) by the information.
(3) Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."
(4) Include the following statement: "I represent, under penalty of perjury, that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."
(5) Sign the Notice Form.
An example of a completed Notice Form is below.
Notice and Procedure for Notifying MyMingpai.com of Defamatory fulltext
If you believe that any fulltext on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by copying the Notice to MyMingpai.com of Defamatory fulltext below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a printed signed copy to: Defamation Notices, MyMingpai.com Legal . Please note that this procedure is exclusively for notifying MyMingpai.com of Defamatory fulltext on or advertised for sale on the MyMingpai.com website. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: giving false, misleading or inaccurate information in the Notice to MyMingpai.com of Defamatory fulltext may result in civil and criminal liability.
Notice to MyMingpai.com of Defamatory fulltext
In the matter of www.MyMingpai.com
S T A T E M E N T
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
1. I refer to the website www.MyMingpai.com ("the website"). I make this statement in support of my giving MyMingpai.com notice that, via the website, it is causing or contributing to the publication of a defamatory statement.
2. The defamatory words (delete whichever paragraph is not applicable):
(a) appear on a good being sold by MyMingpai.com via the website named [please state the good name]. The defamatory words appear on [please state the exact location where you consider there are defamatory words].
OR
(b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the defamatory words appear].
3. The words that I consider to be defamatory are [please repeat the exact words you are complaining about].
4. These words are defamatory because [please state why you consider the words are defamatory].
5. The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is].
6. I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.
Signed:
Dated:
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