User Agreement - chromeclair.com

About Us
We own and/or operate:
(1) https://chromeclair.com/ (“Website”); and
(2) such other websites and mobile applications as we may operate from time to time to provide you with services (together with the Website, referred to as “CHROMÉCLAIR”).
In this Agreement, ‘we’ refers to the CHROMÉCLAIR contracting party that enters into this Agreement with you, as defined in the ‘CHROMÉCLAIR Contracting Entity’ section. We provide CHROMÉCLAIR users with a fully functional platform that enables them to easily establish their own store websites, sell products across multiple channels, connect with their followers, and provide a seamless omnichannel experience (the ‘Services’). Any new or additional services we may introduce from time to time shall also be subject to the terms and conditions.
‍
Acceptance of Terms
Before becoming a CHROMÉCLAIR user, you must read and accept all terms and conditions contained in, referenced, or linked to in this Agreement, including but not limited to the CHROMÉCLAIR Privacy Policy (‘Privacy Policy’). When reading this Agreement, you should also access and read the full content of all linked information. In particular, terms that exempt or mitigate liability and are of significant interest to you (especially those highlighted in bold and underlined to draw your attention), as well as terms related to applicable law and dispute resolution.
Whether you use CHROMÉCLAIR through this website or through any service, you agree to be bound by the terms related to your use of the information, software, products, and services contained in or provided on CHROMÉCLAIR. This Agreement applies whether you use CHROMÉCLAIR as a guest or as a paying member. This Agreement may be updated and/or revised from time to time without notice. For revisions to this Agreement, please refer to the ‘Terms Changes’ section. You will need to accept any updated terms to continue using CHROMÉCLAIR. By accepting this Agreement, you agree to be bound by this Agreement and the Privacy Policy when using the services provided on CHROMÉCLAIR. This Agreement applies to all of our domains and subdomains.
If you do not agree to this Agreement, please do not continue to use or access CHROMÉCLAIR or the services.
‍
Membership and Account
CHROMÉCLAIR’s services are only available to and may only be used by individuals who are legally capable of entering into binding contracts under applicable law. You represent and warrant that all registration information you submit is complete, accurate, and true. If you are accepting this Agreement on behalf of a company, organisation, or other legal entity, you represent and warrant that (a) you are authorised to accept this Agreement; (b) the legal entity you represent agrees to be bound by this Agreement; (c) neither you nor the legal entity you represent is prohibited from agreeing to and accepting this Agreement, or from using the Services under applicable law; and (d) all registration information you submit is complete, accurate, and true. We may, at our sole discretion, refuse access to or use of CHROMÉCLAIR to any person and may change the eligibility criteria at any time. If any provision of this section is deemed invalid under the laws of your jurisdiction, your right to access CHROMÉCLAIR in such jurisdiction shall be revoked.
Individuals under the age of 18 (or considered minors under applicable law) must always use CHROMÉCLAIR’s services under the supervision and guidance of a primary parent or legal guardian. In such cases, the adult is deemed the user and is responsible for all activities.
Accounts must be registered solely by the person applying for membership. It is expressly prohibited to register an account under any name other than that of the registrant (whether fictitious or real). Such use constitutes fraud and may result in criminal prosecution and significant damages. You agree to comply with all local laws regarding online conduct and acceptable content. Additionally, you must comply with CHROMÉCLAIR policies as described in this Agreement and other CHROMÉCLAIR policy documents listed elsewhere in this Agreement or elsewhere (if applicable to your activities on CHROMÉCLAIR or your use of CHROMÉCLAIR), as well as all other operating rules, policies, and procedures that we or our affiliates may post on CHROMÉCLAIR from time to time. The aforementioned operational rules, policies, and procedures are incorporated by reference as an integral part of this Agreement and may be updated by us from time to time without notice. Additionally, certain services provided through CHROMÉCLAIR may be subject to additional terms and conditions that we may promulgate from time to time; your use of such services is subject to these additional terms and conditions, which are incorporated by reference into this Agreement. For revisions to this Agreement, please refer to the ‘Terms Changes’ section.
You may register and use a CHROMÉCLAIR account through the CHROMÉCLAIR platform; if CHROMÉCLAIR reasonably determines that you have engaged in improper registration or improper use of multiple accounts, CHROMÉCLAIR may take measures such as freezing, closing accounts, suspending, or refusing to provide services. If such actions cause losses to CHROMÉCLAIR or related parties, you shall be liable for compensation.
Depending on the services you subscribe to, we may, upon our approval, provide you (or the legal entity you represent under Section 1 of this Article) with multiple administrator and employee accounts. You (or the legal entity you represent under Section 1 of this Article) shall be responsible for any acts, omissions, or breaches arising from the use of these accounts. We may, at our sole discretion, refuse any account application or cancel existing accounts for any reason.
The subscription plan you purchase is limited to use by the purchased account or sub-accounts under that account. If you subscribe through offline or other channels, CHROMÉCLAIR will link your account and subscription plan. You will be notified once the linking is complete.
‍
Using CHROMÉCLAIR
When using CHROMÉCLAIR, any bulletin board services, chat areas, communities, and/or other communication facilities designed to enable you to communicate with other users or the public (‘Communication Services’), you may not:
Post content or goods belonging to inappropriate categories or fields on CHROMÉCLAIR;
Violate any laws, infringe upon third-party rights, or violate our terms, such as those related to prohibited and restricted goods (as described in the section below titled ‘Prohibited, Suspicious, and Infringing Goods and Activities’);
Use our website or services if you are unable to enter into a legally binding contract under applicable law, are under 18 years of age, or have been suspended from CHROMÉCLAIR services;
Manipulate the price of any goods or interfere with other users’ product information;
Evade or manipulate our fee structure, billing processes, or default on payments owed to us;
Posting false, inaccurate, or misleading defamatory content or personal or private information about other users; distributing or posting spam, chain letters, or pyramid schemes; or transmitting through CHROMÉCLAIR any viruses, worms, or other technology that may harm our interests, CHROMÉCLAIR’s interests, this website, or the interests or property of other CHROMÉCLAIR users;
Defaming, abusing, harassing, stalking, threatening, or otherwise infringing upon the legal rights (such as privacy and publicity rights) of others; promoting or promising to sell or purchase any goods or services for any commercial purpose, unless such communication service expressly permits such information;
Downloading any files posted by other communication service users, knowing or having reason to know that such files may not be legally distributed in this manner;
Restricting or prohibiting any other user from using and enjoying the communication service;
Violating any code of conduct or other guidelines that may apply to any specific communication service;
Copying, modifying, and/or distributing content from this website and its subdomains, including our copyrights and trademarks; or
Obtaining or otherwise collecting any data or information about users (which may be private or of another nature) without their consent.
You are solely responsible for all activities and content (e.g., photos, images, videos, graphics, information, or data) uploaded, stored, transmitted, or displayed on or in connection with your account and/or the CHROMÉCLAIR store website. We have no obligation to monitor any services provided through CHROMÉCLAIR. However, we reserve the right to review any posted materials and remove any materials at our sole discretion.
As a condition of your use of CHROMÉCLAIR, you warrant to us that you will not use CHROMÉCLAIR for any illegal or prohibited purpose under this Agreement or our notices. You may not use CHROMÉCLAIR in any manner that could damage, disable, or overburden CHROMÉCLAIR or interfere with any other party’s use and enjoyment of CHROMÉCLAIR. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through CHROMÉCLAIR.
CHROMÉCLAIR requires you to keep your password secure. You are solely responsible for all activities, liabilities, and damages resulting from your failure to maintain the security of your password. If your password is used by an unauthorised person or if there is a security breach, you agree to notify us immediately. You also agree that we shall not be liable for any loss or damage, whether direct or indirect, resulting from your failure to keep your password secure. You agree not to disclose your username and password information to any third party without our express written consent. You must ensure that your account information is always up-to-date and accurate, including providing a valid email address. When sending or receiving goods on CHROMÉCLAIR, you must provide and maintain accurate personal information, such as a valid phone number and email address.
You may not disclose, transfer, or sell your CHROMÉCLAIR account and user ID to another party. If you dispose of, authorise, or otherwise transfer your CHROMÉCLAIR account to any third party without the consent of CHROMÉCLAIR, including but not limited to gifting, lending, renting, transferring, selling, or otherwise disposing of or authorising your account, and such actions result in the leakage of your account and password information, you shall bear all losses arising therefrom.
You are solely responsible for all actions taken under your CHROMÉCLAIR account, including but not limited to store permission allocation, transfer, termination, or store transfer. If your actions result in losses for CHROMÉCLAIR, you shall also be liable to compensate CHROMÉCLAIR for such losses.
We do not control or endorse any content, messages, or information in any communication service, and therefore we expressly disclaim any liability for any communication service or any actions resulting from your participation in any communication service. Administrators are not our authorised spokespersons, and their views represent only their own opinions.
You acknowledge that this service is not a platform service, and CHROMÉCLAIR is not the provider of any platform service. Any transactions concluded through this service are directly between you and your end users. You are required to record the transaction as the seller. You will be solely responsible for creating and operating your CHROMÉCLAIR store and will independently assume all liability arising from transactions with end users, including but not limited to collecting payments from end consumers based on their purchase behaviour, processing refunds, handling returns, fulfilling transactions or providing services, assuming liability for fraudulent transactions, making necessary legal disclosures, and complying with applicable laws. liability for any potential or actual violations of applicable laws (including but not limited to consumer protection laws in any applicable jurisdiction where you provide products or services), or liability for any violations of these Terms of Service. To avoid any ambiguity, CHROMÉCLAIR does not act as a seller or merchant, does not store any records in any form, and assumes no liability whatsoever for your store or for any products sold to end users through this service.
‍
Fees and Renewal
We may from time to time offer different subscription plans, and subscription/membership fees and other fees for such plans may vary.
You agree to pay the subscription fees/membership fees applicable to your plan and any other applicable fees, including but not limited to fees calculated as a certain percentage of the payment amount from transaction orders generated through the store website you collaborate with us on (‘Monthly Transaction Fees’), as well as any fees related to your purchase or use of any other products or services we may offer from time to time (collectively, ‘Fees’). We will provide you with notices or invoices regarding the Fees applicable to you by posting them to your operational backend, sending them to your email address, or through any other method you have authorised.
All Fees paid to us are non-refundable, except as expressly provided below or as otherwise instructed in writing by us.
You may be required to maintain a valid payment method on file to pay all incurred Fees and recurring Fees. After you link your bank card, your subscription will automatically renew, and you authorise us (without notice) to charge the then-applicable subscription/membership fees using any valid payment method we have on record for you.
All overdue payments shall accrue interest at a rate of one per cent (1%) per month, calculated on a daily basis. We reserve the right to suspend all or part of the functionality of your store website until all outstanding amounts and interest are paid in full.
We reserve the right to apply any and all amounts or points owed to you toward any and all obligations you may have to us, whether such obligations arise under this Agreement or any invoice, order, agreement, or contractual relationship between you and us or any of our affiliates.
Our fees do not include any applicable sales, goods and services taxes or fees (collectively, ‘Taxes’) currently in effect or that may be imposed in the future. All amounts payable to us under this Agreement shall be paid in full without any deductions or withholdings.
If any deductions or withholdings are required by law, you shall be responsible for reporting such deductions or withholdings separately to the relevant tax authorities. We reserve the right to collect all fees specified herein through the valid payment method you have provided, without regard to any deductions or withholdings that may apply. If we do not separately charge you for taxes, you are responsible for determining whether taxes are applicable; if taxes are applicable, you shall be responsible for paying such taxes to the competent tax authorities in your jurisdiction.
All taxes are calculated based on the billing address you provide, and such fees do not include any product or service fees. You are responsible for ensuring that your billing address is accurate and up to date. Any changes you make to your billing address in your online store management settings are at your own risk and may result in adjustments to the applicable tax category or rate.
We reserve the right to periodically verify, review, and monitor your billing address information to ensure compliance with this agreement. However, these rights do not constitute any obligation on our part.
If you qualify for any tax exemptions, you must submit valid documentation in advance to prove that you meet the legal requirements for tax exemption. Tax exemptions apply only after we have received and approved the necessary documentation.

Subscription Term: Unless otherwise notified in writing by CHROMÉCLAIR, your subscription plan term will commence on the date you subscribe to CHROMÉCLAIR and complete payment.
Free Trial: We may from time to time offer free trials of CHROMÉCLAIR services and/or products. The terms and conditions of such free trials shall be included in the offer. Any amounts paid by users for paid products during a free trial shall not be refunded under any circumstances.
Monthly Transaction Fee: The monthly transaction fee is calculated by multiplying the monthly transaction order payment amount (as defined below) by a given percentage. Your applicable percentage is specified in your plan details, in a notice or invoice displayed in your operational backend, or sent to you via email or other written means.
The monthly transaction order payment amount is defined as the total payment amount for all eligible transaction orders placed through the store website supported by CHROMÉCLAIR during that specific month, excluding the following orders: (a) orders with a status of ‘failed’ or ‘expired’; or (b) orders with a status of ‘cancelled’ where the payment status is not ‘paid.’ For the avoidance of doubt, the ‘payment amount for eligible transaction orders’ referred to in the preceding sentence means the total amount paid by the buyer for orders placed through the store website supported by CHROMÉCLAIR, which may include any logistics fees, shipping costs, and sales tax (if paid by the buyer to you in accordance with the order).
Monthly transaction fees and monthly order payment amounts shall be calculated based on the data and records in our system.
If you are a user in mainland China, when you pay the CHROMÉCLAIR package fee to become a paid member of CHROMÉCLAIR, or when you use the auto-renewal or auto-debit feature, we will provide you with the necessary services through Checkout to enable these features. We will strictly supervise Checkout’s services in accordance with relevant regulations to ensure that your information is not used illegally. Additionally, you must ensure that you strictly comply with applicable laws and regulations as well as CHROMÉCLAIR’s relevant usage provisions when using this service. You agree that CHROMÉCLAIR or Checkout has the right to independently decide on appropriate measures for your account if it is found that you have used this service in violation of relevant laws, regulations, or provisions.
‍
Six. Termination
In the following circumstances, we may unilaterally terminate this agreement, and you will no longer be able to access this website or use CHROMÉCLAIR services:

You breach any terms or conditions of this Agreement;
You enter into liquidation or bankruptcy proceedings, or judicial or administrative authorities impose warnings, fines, or other measures or sanctions on you for violating applicable laws;
Other circumstances where CHROMÉCLAIR deems it necessary to terminate this Agreement at its discretion.
CHROMÉCLAIR shall not be liable for any breach of contract arising from the unilateral termination of this Agreement under this clause. After either party terminates the service:
We will cease providing services to you, and you will no longer be able to access your CHROMÉCLAIR account;
You will not be entitled to any refund of fees on a pro-rata or other basis; any outstanding balances owed to us for your use of the services prior to the effective date of termination will become immediately due and payable in full;
Your store website will be taken offline, and you will no longer be able to access any data or content on the store website; thereafter, we will have no obligation to retain or store any data or content from your store website.
If you purchased a domain name through CHROMÉCLAIR, the domain name will no longer be automatically renewed after termination. After termination, you will be solely responsible for handling all matters related to your domain name with the domain name provider.
Termination/Cancellation Policy: 您可以随时通过在操作后台或发送电子邮件至support@CHROMÉCLAIR.com获取说明来终止服务.
Fraud: Without limiting any of its other rights and remedies, if we suspect you are engaged in fraudulent or improper activities, CHROMÉCLAIR may suspend or terminate your CHROMÉCLAIR account.
‍
Disclaimer
We and CHROMÉCLAIR do not participate in the actual transactions between buyers and sellers. We and CHROMÉCLAIR cannot control or guarantee the quality, safety, or legality of the advertised products, the sellers‘ ability to sell their respective products, the buyers’ ability to pay for the products, or the truthfulness or accuracy of the statements made by users regarding the products listed on CHROMÉCLAIR. We and CHROMÉCLAIR cannot guarantee that the communication or statements of intent between buyers and sellers through CHROMÉCLAIR will ultimately be realised through the exchange of goods or services.
We will not transfer the legal ownership of goods from the seller to the buyer or guarantee that the legal ownership of goods will be transferred from the seller to the buyer. Unless otherwise agreed between the buyer and seller, the buyer shall become the lawful owner of the goods upon actual receipt of the goods provided by the seller. Additionally, we cannot guarantee continuous or secure access to our services, and the operation of CHROMÉCLAIR may be disrupted by various factors beyond our control. Therefore, to the extent permitted by law, we disclaim all implied warranties, terms, and conditions. We shall not be liable for any monetary, reputational, or goodwill losses, or any special, indirect, or consequential damages arising from your use of our website and services. The risk of using CHROMÉCLAIR is entirely at your own discretion.
We do not control the information provided by other users through CHROMÉCLAIR. You may encounter information from other users that is offensive, harmful, inaccurate, or deceptive. When using CHROMÉCLAIR, please exercise caution, use common sense, and be mindful of safe transactions. Please note that there are risks involved in transacting with minors or individuals acting under false pretenses. By using CHROMÉCLAIR, you agree to accept such risks, and we and/or CHROMÉCLAIR shall not be liable for the actions or negligence of CHROMÉCLAIR users.
Our goal is to regularly update and maintain CHROMÉCLAIR, and we may modify the content at any time. We will make reasonable efforts to ensure you can use CHROMÉCLAIR, but if necessary, we may suspend access to this website or other CHROMÉCLAIR-related websites, or close them indefinitely. If CHROMÉCLAIR is unavailable at any time or for any period, we will not be liable.
CHROMÉCLAIR and some articles on CHROMÉCLAIR contain links to other resources and businesses on the internet. We provide these links solely for your convenience. We do not endorse such resources or businesses, nor are we affiliated with or related to such resources or businesses. Your ability to access such links allows you to use any trade names, registered trademarks, logos, official seals, or copyrighted symbols contained in the links. Our liability for your use of CHROMÉCLAIR is set out in the ‘Disclaimer and Limitation of Liability’ section below.
You acknowledge that, unless otherwise agreed, we may provide services to your competitors and do not commit to exclusivity in any specific market segment.
‍
Prohibited, Suspicious, and Infringing Goods and Activities
Your conduct and activities on or in connection with CHROMÉCLAIR, as well as any and all data, text, information, usernames, graphics, images, photos, profiles, audio, video, products, and links (collectively, ‘Content’) that you submit, post, or display on CHROMÉCLAIR, are your sole responsibility.
You represent and warrant that your Content and your use of CHROMÉCLAIR shall not:
Be false, inaccurate, or misleading;
Be fraudulent or involve transactions involving illegal, counterfeit, or stolen goods, infringe upon any third party’s copyrights, patents, trademarks, trade secrets, or other proprietary or intellectual property rights, or violate any third party’s publicity or privacy rights;
Violate this Agreement, any website policy, or any applicable law, statute, regulation, or rule (including but not limited to laws, statutes, regulations, or rules related to national security, anti-terrorism, anti-money laundering, export control, anti-discrimination, or false advertising);
Contain items deemed hazardous under applicable laws or regulations and therefore subject to recall, be defamatory, illegally threatening, or illegally harassing; impersonating or intimidating any person (including our employees, employees of our affiliated companies, or other users), making false statements or otherwise misrepresenting your relationship with any person through the use of similar email addresses, nicknames, or the creation of false accounts or any other method or device, or containing obscene or child pornography content;
Infringing any copyright or intellectual property rights or any legitimate interests of any third party;
Containing or transmitting any destructive code that may damage, harmfully interfere with, secretly intercept, or steal any system, data, or personal information;
Posting images that are not part of the listed products;
Modifying, altering, or hacking into this website or CHROMÉCLAIR, or modifying other websites or creating other mobile device applications to falsely imply an association with CHROMÉCLAIR or us; or
Subject us to liability or cause us to lose (in whole or in part) the services of our internet service providers or other suppliers; or directly or indirectly link to, reference, or include descriptions of goods or services prohibited by this Agreement, the Privacy Policy, or other policy documents posted on CHROMÉCLAIR. Furthermore, you may not list (or complete) any goods on CHROMÉCLAIR that may cause us to violate any applicable laws, decrees, regulations, or rules, or violate this Agreement (transactions initiated using CHROMÉCLAIR services).
We reserve the right to remove any content posted by users on CHROMÉCLAIR if such content falls under any of the categories described in paragraphs (1) to (9) above, or to remove any content that we deem inappropriate for posting on CHROMÉCLAIR at our sole discretion.
‍
Intellectual Property and Content
Our trade name and company name, CHROMÉCLAIR, as well as other CHROMÉCLAIR graphics, logos, designs, headers, button icons, scripts, and service names are our or our affiliated companies’ intellectual property, and you may not use them in any manner that may cause confusion (including as part of a trademark and/or as part of a domain name or email address) for any products or services.
The names of actual companies and products mentioned on CHROMÉCLAIR may be the intellectual property of their respective owners.
We shall have a non-exclusive and royalty-free right and licence to use the names, trademarks, service marks, and logos associated with your store website to promote the services.
We do not own or claim any intellectual property rights in the materials you provide to us through CHROMÉCLAIR or its related services (including feedback and suggestions) or post, upload, input, or submit to us (collectively, ‘Submitted Materials’). However, by posting, uploading, inputting, providing, or submitting your Submitted Materials, you grant us, our affiliates, and necessary sublicensees a licence, subject to the terms of this section, to use your Submitted Materials in our internet business operations, including but not limited to: reproducing, distributing, transmitting, publicly displaying, publicly performing, copying, editing, translating, linking, and reformatting your Submitted Materials; and disclosing your name in connection with the Submitted Materials. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (to multiple tiers of sublicensees) right to exercise any copyright, publicity rights, and database rights you may have in any submission materials you provide to us through CHROMÉCLAIR.
As part of a transaction conducted through CHROMÉCLAIR, you may obtain personal information from other individuals, including email addresses and shipping information. Such personal information may only be used for the transaction or CHROMÉCLAIR-related communications related to the transaction without prior consent from the other individual. You acknowledge that we do not permit you to use such information for any other purpose, including but not limited to unsolicited commercial information or direct or indirect marketing. Without limiting the foregoing, you are not permitted or authorised to add any such individuals to your email or physical mailing lists without their explicit consent. For more information, please refer to our Privacy Policy. We are under no obligation to publish or use any submitted materials you provide and may delete any submitted materials at our sole discretion at any time.
Submission materials provided to us through CHROMÉCLAIR may be forwarded by third-party websites or third-party personnel. You agree to indemnify us against any disputes arising from such use. If you choose to display your CHROMÉCLAIR-hosted images on other websites, such images must include a link back to the list page on this website.
By posting, uploading, entering, providing, or submitting your submitted materials, you warrant and represent that you own or otherwise control all rights to the submitted materials described in this section, including, but not limited to, all rights necessary for you to provide, post, upload, enter, or submit the submitted materials.
When providing services to you, we may use AI tools to provide such services. For this purpose, you acknowledge and agree that when CHROMÉCLAIR provides AI-themed and copywriting generation services to you through third-party suppliers, CHROMÉCLAIR does not own any intellectual property rights in the materials generated by such services and makes no guarantees of any kind regarding the intellectual property rights of the generated content.
If you receive any complaints, penalties, or lawsuits from third parties alleging that the AI-generated materials infringe upon their intellectual property rights, you shall handle such disputes on your own and agree not to hold CHROMÉCLAIR liable in any way for such matters.
The agreements or policies generated using the AI feature for independent websites are provided solely for your reference. We recommend that you regularly review and verify such content, and you are obligated to ensure the accuracy, compliance, and legality of the generated content on your own.
We welcome any suggestions or feedback you may have to improve our services. In any case, the provision of such feedback is not subject to any confidentiality obligations or expectations of compensation. By submitting any feedback to us (whether directly or indirectly), you waive all rights thereto and acknowledge that we may freely implement or modify it as needed.
‍
Additional Services
POS Services
In addition to the general terms applicable to the service, the following terms apply to your access and use of the POS service. The POS service includes CHROMÉCLAIR POS software (‘POS software’), programs, documentation, applications, tools, Internet-based services and components, and any updates provided to you by CHROMÉCLAIR.

Additional Services
POS Services
In addition to the general terms applicable to the Services, the following terms apply to your access to and use of the POS Services. The POS Services include the CHROMÉCLAIR POS software (“POS Software”), programs, documentation, applications, tools, Internet-based services and components, and any updates provided to you by CHROMÉCLAIR.
Access to and use of the POS Services requires you to have a valid CHROMÉCLAIR account.
You may terminate your POS Services without terminating your account or any other services you have subscribed to, in which case you will continue to pay service fees (excluding the terminated POS Services).
You agree to use the POS Services in accordance with the usage procedures provided by CHROMÉCLAIR from time to time.
Although the POS Services use encryption technology and third-party monitoring of transmissions is generally prohibited by law, we cannot guarantee the security of connections to the POS Services. We shall not be liable for any unauthorised access or use of data transmitted through the POS Services.
CHROMÉCLAIR APP
You may download the CHROMÉCLAIR APP to manage your store’s backend. The CHROMÉCLAIR APP supports account registration on mobile devices; viewing, modifying, and deleting products; and viewing and modifying order information. If you need to use other features, such as payment, data export, or account cancellation, you must log in to CHROMÉCLAIR via a PC to perform these operations.
‍
XI. Meetings
CHROMÉCLAIR users may arrange and participate in meetings with one or more individuals (‘Meetings’) through CHROMÉCLAIR. CHROMÉCLAIR users are solely responsible for their interactions with others. Users must comply with these terms and our policies and acknowledge and agree to comply with all applicable laws during Meetings. We do not participate in Meetings between CHROMÉCLAIR users.
We do not monitor or control meetings, online or offline gatherings initiated by users, or interactions between users and other individuals or companies. Users understand that we may take measures to verify their identity but will not screen or conduct background checks on users in any way. All users agree and acknowledge that they assume all risks associated with choosing to participate in online or offline meetings.
‍
Third-Party Services
We may from time to time recommend, provide, or link to third-party software, applications, services, or websites (collectively, ‘Third-Party Services’) in the app store. Your purchase, access, or use of any such Third-Party Services shall be deemed to constitute a relationship between you and the Third-Party Service provider. You should read the terms of use and/or privacy policy applicable to such Third-Party Services before using or accepting them, and agree to be bound by any additional service-specific terms applicable to such services. We make no warranties or representations regarding Third-Party Services, and your use of any Third-Party Services provided or recommended through CHROMÉCLAIR is entirely at your own risk and discretion.
You acknowledge that we have no control over Third-Party Services and shall not be liable to you or any other person for any such Third-Party Services. The provision of these service links does not constitute or imply any endorsement, authorisation, sponsorship, or affiliation between us and the Third-Party Service Provider. We do not guarantee the availability of third-party services, and you acknowledge that we may, at our sole discretion, disable access to any third-party service at any time without notice. We are not responsible for any suspension or termination of access to or disabling of any third-party service.
You hereby agree to indemnify and hold harmless us and our shareholders, subsidiaries, affiliates, officers, directors, agents, and employees from any claims or demands (including reasonable attorneys’ fees) arising out of your use of third-party services or your relationship with third-party service providers.
If you enable or install any third-party services used in conjunction with the Service, you hereby grant us permission to allow the applicable third-party service provider to access your data and take other necessary actions to enable interoperability between the third-party service and the Service. Such data transmission occurs between you and the third-party service provider. We shall not be liable for any disclosure, modification, or deletion of your data or other materials, or any resulting loss or damage you may suffer, arising from the use of third-party services or the access of third-party service providers to your data or other materials.
Your relationship with any third-party supplier is solely between you and such third-party supplier, and we have no obligation to intervene in any disputes arising between you and a third-party supplier.
Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, or other damages arising out of any third-party service or your contractual relationship with any third-party service provider. These limitations shall apply even if CHROMÉCLAIR has been informed of the possibility of such damages. The above limitations shall apply to the fullest extent permitted by applicable law.
‍
‍
Thirteen. Privacy
Protecting your privacy is very important to us. Please review our Privacy Policy, which explains how we handle your personal information and protect your privacy. Before becoming a CHROMÉCLAIR member, you must read, agree to, and accept all terms and conditions contained in the Privacy Policy. Unless otherwise specified in our Privacy Policy, we will not sell, transfer, use, or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. We store and process content on computers protected by physical and technical security measures.
For the purpose of using this platform and CHROMÉCLAIR services, you understand and agree to authorise us to collect, store, and process personal information from your end users. You hereby warrant and represent to us:
You have obtained the necessary authorisation, consent, and permission from end users to directly collect and use their personal information for the purposes required to perform our services;
You have obtained the necessary authorisation, consent, and permission from end users to allow us and our partners to perform de-identified analysis and aggregated processing of the collected personal information of end users;
You comply with applicable laws, regulations, and regulatory requirements, including but not limited to the formulation and publication of relevant policies regarding personal information protection and privacy protection;
You have provided end users with an easy-to-use opt-in mechanism, informing them how and when they can exercise their opt-in rights, and explaining how and when they can modify or withdraw such opt-in rights after exercising them, enabling users to choose whether to consent to the collection and use of their personal information for commercial purposes;
You have informed end users how to exercise their end-user rights (such as accessing, correcting their personal information, exercising the right to delete, or modifying the scope of their authorised consent). Your end users will not make any claims, requests, or complaints against us in any form due to our processing of their personal information in accordance with this Privacy Policy.
If any claims or demands are made against us by your end users due to your breach of the above commitments, or if we are involved in any legal or administrative proceedings as a result, you shall be responsible for fully resolving such matters and compensating us for any losses we may incur.
Certain services provided through CHROMÉCLAIR may be provided by third parties. By using any products, services, or features originating from this website’s domain name or CHROMÉCLAIR, you acknowledge and agree that we may share such information and data with any third parties with whom we have a contractual relationship, in order to provide the necessary products, services, or features to the users and customers of this website.
‍
‍
XIV. Amendment of Terms
We reserve the right to amend, modify, add, or delete (“amend”) any provisions of this Agreement relating to the provision of CHROMÉCLAIR at any time and at our sole discretion. If any revisions are made, we will notify you by email (to the primary email address associated with your account) or by posting the updated terms along with the revisions on CHROMÉCLAIR. We recommend that you periodically review this Agreement for any revisions that may affect you. By continuing to use CHROMÉCLAIR or any services after receiving notice of revisions or after the updated terms are posted on CHROMÉCLAIR, you agree to be bound by the revised terms. Unless otherwise specified, any revisions will take effect on the date the updated terms are posted on CHROMÉCLAIR. If such revisions result in a substantial reduction in the availability, benefits, or functionality of CHROMÉCLAIR, we may provide prior notice to all paying members regarding such revisions.
Our failure to enforce or exercise any provision of this Agreement or any related right shall not constitute a waiver of such provision or right. Any rights not expressly granted in this Agreement are reserved. We may provide notice to you via email (the primary email associated with your account), regular mail, posting on CHROMÉCLAIR, or other reasonable means currently known or developed in the future, including notices regarding changes to this Agreement.
Printed versions of this Agreement and any notices issued in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these terms under the same conditions as other business documents and records generated and maintained in printed form. Both parties expressly agree that this Agreement and all related documents shall be in Chinese.
‍
‍
Third-Party Rights
Unless expressly provided in this Agreement, no person other than us, our affiliates, CHROMÉCLAIR users, or any person accessing the Services under this Agreement, and no person other than the parties to this Agreement, shall have the right to enforce any provision of this Agreement or to enjoy any benefit under any provision of this Agreement. For the avoidance of doubt, any rights of assigns or transferees under this Agreement shall not be affected thereby.