Terms of Service
Last updated: June 1, 2025
1. Introduction and Acceptance
These Terms of Service (the Terms) constitute a legally binding agreement between you (the user, whether an individual or an entity) and 昆明毅瑶麒商贸有限公司, doing business as Jade Kirin (referred to as Jade Kirin, we, us, or our). By accessing or using any part of the website located at https://www.jadekirin.lat, including all subdomains, associated services, applications, and platforms (collectively, the Service), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any provision herein, you must immediately cease all use of the Service.
Jade Kirin is a company duly organized under the laws of the People's Republic of China, with its principal place of business at 盘龙区白云路168号瑞鼎城A栋商务中心25楼05号房,云南省昆明盘龙区东华街道新兴路38号 附1-PL, Kunming 650000, Yunnan, China. Our platform offers curated jade products, gemstone authentication services, and related e-commerce functionalities. These Terms apply to all visitors, registered users, subscribers, and any other person who interacts with the Service.
By using the Service, you represent and warrant that you are at least eighteen years of age or the age of majority in your jurisdiction, and that you have the legal capacity to enter into a binding contract. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. In such case, the term you shall refer to that organization.
We reserve the right to update, modify, or replace any part of these Terms at our sole discretion. Changes will be posted on this page with an updated revision date. Your continued use of the Service after any changes constitutes acceptance of the new Terms. It is your responsibility to review these Terms periodically. If you object to any modification, your sole remedy is to discontinue use of the Service.
These Terms are supplementary to any other agreements you may have with Jade Kirin, including our Privacy Policy, which is incorporated herein by reference. In the event of any conflict between these Terms and any specific service agreement, the specific agreement shall prevail only to the extent of the inconsistency. All other provisions remain in full force.
We may provide translations of these Terms for convenience. However, the English version shall govern in all cases. Any disputes arising from the interpretation of these Terms shall be resolved in accordance with the English text. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
Please read these Terms carefully. They contain important information regarding your legal rights, including limitations of liability, dispute resolution through binding arbitration, and a waiver of class actions. By accepting these Terms, you expressly consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
If you have any questions about these Terms, please contact us at help@jadekirin.lat or call +1 (270) 615-6476. Our customer service team is available to assist you during business hours. We encourage you to seek independent legal advice if you are uncertain about any provision.
2. Definitions
For the purposes of these Terms, the following capitalized terms shall have the meanings set forth below. Any term not defined herein shall have its ordinary meaning as used in the context of the Service.
Service means all websites, mobile applications, APIs, platforms, tools, and services operated or provided by Jade Kirin, including but not limited to the Jade Kirin online marketplace, authentication services, content delivery, and customer support.
User means any individual or entity that accesses or uses the Service, whether as a guest, a registered account holder, a subscriber, or a purchaser. Users include both consumers and business partners.
Content means any text, images, videos, audio, data, graphics, product descriptions, reviews, comments, software, or other materials uploaded, posted, transmitted, or made available through the Service by Jade Kirin or by users.
Platform refers to the digital environment provided by Jade Kirin, including the website and any associated applications, through which users can browse, purchase, and interact with jade products and related services.
Subscription means a recurring payment plan that grants a user access to premium features, exclusive content, or special pricing for a defined period, subject to the payment terms set forth in Section 7.
Account means a registered user profile on the Platform that requires a username, password, and associated contact information. Account holders are responsible for all activity under their account.
Order means a request by a user to purchase a product or service through the Platform, which is subject to acceptance by Jade Kirin. An order is not binding until confirmed by us.
Authentication Service means the professional evaluation and certification of jade and gemstone items offered by Jade Kirin, which may include laboratory testing, expert appraisal, and issuance of a certificate of authenticity.
Intellectual Property Rights includes all copyrights, trademarks, trade secrets, patents, design rights, database rights, and any other proprietary rights, whether registered or unregistered, owned or controlled by Jade Kirin or its licensors.
Force Majeure means any event beyond the reasonable control of a party, including acts of God, war, terrorism, civil unrest, government actions, natural disasters, pandemics, strikes, internet failures, or disruptions to supply chains.
Personal Data means any information relating to an identified or identifiable natural person, as defined in applicable privacy laws. Our handling of Personal Data is governed by our Privacy Policy.
Third-Party Services means any services, websites, or applications not owned or controlled by Jade Kirin that may be integrated with or linked from the Platform. We are not responsible for the content or practices of such third parties.
3. Services Provided
Jade Kirin offers a comprehensive online platform for the discovery, authentication, and purchase of high-quality jade and other precious gemstones. Our services include an e-commerce marketplace where users can browse a curated selection of jade jewelry, sculptures, raw stones, and collectibles. Each product listing includes detailed descriptions, high-resolution images, and, where applicable, certification information.
We provide professional authentication and grading services for jade items. This service involves a rigorous evaluation process conducted by experienced gemologists using advanced equipment. Upon completion, we issue a digital certificate of authenticity that includes details about the stone's type, color, clarity, cut, and origin. This service is available for items purchased through our platform as well as for third-party items submitted by users.
Our platform also features educational content, including articles, videos, and guides about jade history, care, and market trends. This content is provided for informational purposes only and does not constitute professional investment or legal advice. Users should exercise independent judgment when making purchasing decisions.
We offer a subscription service called Jade Kirin Premium, which provides members with early access to new collections, exclusive discounts, personalized recommendations, and priority customer support. Subscription terms, including fees and benefits, are detailed on our subscription page and are subject to change with notice.
Jade Kirin may, from time to time, offer limited-time promotions, flash sales, or special events. These offers are subject to additional terms and conditions, which will be clearly communicated at the time of the offer. We reserve the right to modify or discontinue any promotion at any time without liability.
We strive to ensure that all product descriptions, images, and pricing are accurate. However, errors may occur. If we discover an error in the price or description of a product you have ordered, we will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If we are unable to contact you, the order will be cancelled automatically.
Our services are available globally, but some products or features may be restricted in certain jurisdictions due to legal or logistical constraints. We reserve the right to refuse service to any user or to limit quantities of products purchased. All sales are subject to our shipping and return policies, which are available on our website.
We continuously improve and update our services. This may include adding new features, modifying existing ones, or removing certain functionalities. We will use reasonable efforts to notify users of material changes, but we are not obligated to provide notice for minor updates. Your continued use of the Service after any modification constitutes acceptance of the modified service.
Jade Kirin does not guarantee that the Service will be uninterrupted, error-free, or secure. We may temporarily suspend access for maintenance, repairs, or upgrades. We will attempt to minimize downtime but shall not be liable for any loss arising from such suspensions. We also reserve the right to discontinue the Service entirely, in which case we will provide reasonable notice to users.
Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without compensation or obligation. By submitting feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback into our services.
4. User Accounts and Registration
To access certain features of the Service, you may be required to create an account. When registering, you agree to provide accurate, current, and complete information as prompted by the registration form. You must not use a false identity or provide misleading information. You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any multi-factor authentication codes.
You are fully responsible for all activities that occur under your account, whether or not you have authorized such activities. If you become aware of any unauthorized use of your account or any breach of security, you must notify us immediately at help@jadekirin.lat. We will not be liable for any loss or damage arising from your failure to safeguard your account.
We reserve the right to refuse registration, suspend accounts, or terminate accounts at our sole discretion, with or without cause. Grounds for such actions include, but are not limited to, violation of these Terms, fraudulent activity, providing false information, or conduct that may harm Jade Kirin or other users. We will provide notice of such actions where practicable.
Each user may maintain only one account unless we expressly authorize multiple accounts. Accounts are personal and non-transferable. You may not sell, trade, or otherwise transfer your account to another party. Any attempt to do so will be void and may result in account termination.
When you register, you may be asked to provide your name, email address, phone number, shipping address, and payment information. We handle this data in accordance with our Privacy Policy. You agree to keep your contact information up to date. We may use your email to send service-related communications, including order confirmations, updates, and promotional offers. You can opt out of marketing emails at any time.
Minors under the age of 18 are not permitted to create accounts. If we discover that a user is under 18, we will delete the account and any associated data without notice. If you are a parent or guardian and believe your child has created an account, please contact us immediately.
We may implement account verification procedures, including email verification, phone verification, or identity document checks. Failure to complete verification may result in restricted access to certain features. We reserve the right to request additional information to verify your identity or prevent fraud.
You may delete your account at any time by contacting customer support. Upon deletion, your access to the Service will be terminated, and your personal data will be handled as described in our Privacy Policy. However, certain information may be retained as required by law or for legitimate business purposes, such as transaction records.
We are not responsible for any loss of data or content resulting from account suspension or termination. It is your responsibility to back up any important information. We may, but are not obligated to, provide you with a copy of your data upon account closure, subject to applicable law.
If you use a social media account to register, you authorize us to access certain information from that account, such as your public profile and email address. You control the permissions through your social media settings. We will handle such information in accordance with our Privacy Policy.
5. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service in any way that violates any applicable local, national, or international law or regulation. This includes, but is not limited to, laws regarding export control, consumer protection, unfair competition, and anti-discrimination.
Prohibited activities include, without limitation: (a) engaging in any form of fraud, deception, or misrepresentation; (b) impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (c) uploading, posting, or transmitting any content that is defamatory, obscene, abusive, harassing, threatening, or hateful; (d) infringing upon the intellectual property rights or privacy rights of others; (e) distributing viruses, malware, or any other harmful code; (f) attempting to gain unauthorized access to any part of the Service, other accounts, or computer systems; (g) interfering with or disrupting the integrity or performance of the Service; (h) using any automated means, including bots, scrapers, or spiders, to access or collect data from the Service without our express written permission; (i) engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure; (j) using the Service for any commercial purpose not expressly authorized by these Terms; (k) transmitting any unsolicited or unauthorized advertising, promotional materials, or spam; (l) reverse engineering, decompiling, or disassembling any software used in the Service; (m) modifying, adapting, or creating derivative works based on the Service except as expressly permitted; (n) selling, reselling, or renting access to the Service without authorization; (o) using the Service to violate the security of any computer network, crack passwords, or otherwise engage in unauthorized access; (p) collecting or harvesting any personally identifiable information from the Service without consent; (q) using the Service to distribute content that is illegal or promotes illegal activities; (r) encouraging or instructing others to engage in any prohibited activity.
You are solely responsible for any content you post, upload, or share through the Service. You warrant that you own or have the necessary licenses, rights, consents, and permissions to publish such content, and that it does not violate any third-party rights. We reserve the right, but have no obligation, to monitor, review, or remove any content at our sole discretion.
We respect intellectual property rights and expect our users to do the same. If you believe that any content on the Service infringes your copyright, please notify us in accordance with our Copyright Policy. We will respond to valid takedown notices and may terminate the accounts of repeat infringers.
You must not use the Service to engage in any form of market manipulation, price fixing, or other anti-competitive practices. Any attempt to manipulate the platform's algorithms, ratings, or reviews is strictly prohibited. Reviews must be honest and based on your genuine experience.
You agree not to circumvent any technological measures implemented to protect the Service, including encryption, access controls, or rate-limiting mechanisms. You must not attempt to probe, scan, or test the vulnerability of any system or network without authorization.
We reserve the right to investigate any suspected violation of this Acceptable Use Policy and to take appropriate action, which may include issuing warnings, suspending or terminating accounts, removing content, reporting to law enforcement, and seeking legal remedies. We may cooperate with legal authorities in any investigation.
If you become aware of any violation of this policy by another user, you should report it to us at help@jadekirin.lat. We will review all reports and take action as we deem appropriate, but we are not obligated to take any specific action or to inform you of the outcome.
This Acceptable Use Policy applies to all users, including those who access the Service without an account. By using the Service, you agree to comply with this policy and acknowledge that violation may result in immediate termination of your access without refund.
We may update this policy from time to time. Continued use of the Service after changes constitutes acceptance of the new policy. We encourage you to review this section regularly.
6. Intellectual Property Rights
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by Jade Kirin, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Jade Kirin name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of 昆明毅瑶麒商贸有限公司 or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes, subject to these Terms. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows: (a) your computer may temporarily store copies of such materials incidental to your accessing and viewing them; (b) you may store files that are automatically cached by your web browser for display enhancement purposes; (c) you may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution; (d) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not: (a) modify copies of any materials from the Service; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials; (d) access or use for any commercial purposes any part of the Service or any services or materials available through the Service unless expressly authorized.
If you print, copy, modify, download, or otherwise use any part of the Service in violation of these Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Jade Kirin.
By posting or submitting any content to the Service (including product reviews, comments, or suggestions), you grant Jade Kirin a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media. You also grant us the right to use your name and likeness in connection with the content, if we choose. You represent that you own or have the necessary rights to grant this license.
You retain ownership of any intellectual property rights in the content you submit, but you grant us the license described above. We will not pay you for the use of your content. We may, but are not obligated to, monitor or remove any content at our discretion. We are not responsible for any loss or damage to your content.
If you provide us with any feedback, suggestions, or ideas about the Service, you assign to us all rights in such feedback and agree that we may use it without restriction or compensation. You waive any moral rights you may have in such feedback.
We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, please provide us with a written notice containing: (a) a signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work claimed to be infringed; (c) a description of where the infringing material is located; (d) your contact information; (e) a statement that you have a good faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act. Send notices to help@jadekirin.lat.
We will terminate the accounts of users who are determined to be repeat infringers. We also reserve the right to remove content that we believe in good faith may be infringing, without liability to the user who posted it.
7. Payment Terms and Subscriptions
All purchases made through the Service are subject to these Payment Terms. By providing a payment method, you represent that you are authorized to use that method and that you authorize us to charge the applicable fees. Prices for products and services are listed in the currency specified on the product page and are exclusive of applicable taxes, shipping, and handling fees unless stated otherwise.
We accept major credit cards, debit cards, and other payment methods as indicated on our checkout page. Your payment information will be processed securely by our third-party payment processors. We do not store full credit card numbers on our servers. You agree to pay all charges incurred in connection with your purchases, including any applicable taxes and fees.
Subscription services, such as Jade Kirin Premium, are billed in advance on a recurring basis (monthly or annually, as selected). The subscription fee will be charged automatically at the start of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will take effect at the end of the current billing period, and you will not receive a refund for the remaining period unless otherwise stated.
We reserve the right to change subscription fees at any time. We will provide at least 30 days' notice of any price increase via email or through the Service. If you do not agree to the new fee, you may cancel your subscription before the change takes effect. Continued use after the effective date constitutes acceptance of the new fee.
All sales of physical products are final unless otherwise stated in our Return Policy. We offer a 30-day return window for most items, subject to conditions such as the item being unused, in original packaging, and accompanied by a receipt. Authentication service fees are non-refundable once the evaluation has commenced. Custom or personalized items are non-returnable unless defective.
If a payment is declined or fails for any reason, we may attempt to reprocess the payment. If the payment remains unsuccessful, we may suspend or terminate access to the Service or the subscription. You are responsible for keeping your payment information current. Late payments may incur additional fees as permitted by law.
We may offer promotional codes, discounts, or coupons at our discretion. These offers are subject to specific terms, including expiration dates, minimum purchase amounts, and exclusions. Promotional codes cannot be combined unless expressly stated. We reserve the right to revoke any offer if we suspect fraud or abuse.
Taxes are calculated based on the shipping address and applicable tax laws. You are responsible for all customs duties, import taxes, or other fees that may be imposed by your country. We are not responsible for delays caused by customs clearance.
In the event of a pricing error, we reserve the right to cancel the order and issue a full refund. If you have already been charged, we will refund the amount within a reasonable time. We will not be liable for any additional costs or losses resulting from such cancellation.
We use reasonable efforts to ensure that billing is accurate, but errors may occur. If you believe you have been charged incorrectly, please contact us within 60 days of the charge. We will investigate and correct any errors promptly. Refunds, if applicable, will be processed using the original payment method.
8. Limitation of Liability
To the fullest extent permitted by applicable law, Jade Kirin, its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Service, even if we have been advised of the possibility of such damages.
Our total liability to you for any claims arising under these Terms or related to the Service shall not exceed the greater of: (a) the amount you have paid to us in the twelve months immediately preceding the event giving rise to the liability; or (b) one hundred US dollars ($100). This cap applies to all causes of action, whether in contract, tort, negligence, strict liability, or otherwise.
The Service is provided on an as is and as available basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. We do not warrant that the Service will be uninterrupted, secure, error-free, or free of viruses or other harmful components.
We make no representation or warranty regarding the accuracy, completeness, or reliability of any content, product descriptions, or user reviews. Any reliance on such materials is at your own risk. We are not responsible for any loss or damage resulting from your use of third-party websites or services linked from our platform.
In jurisdictions that do not allow the exclusion or limitation of certain warranties or liabilities, our liability shall be limited to the maximum extent permitted by law. Some states or countries do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so the above limitations may not apply to you.
We are not liable for any delay or failure to perform resulting from causes outside our reasonable control, including force majeure events, internet outages, equipment failures, strikes, or governmental actions. Our performance is deemed suspended for the period that such cause persists, and we will have an extension of time for performance.
You acknowledge that the limitations of liability set forth in this section are an essential part of the bargain between you and Jade Kirin, and that we would not provide the Service without such limitations. These limitations apply even if a remedy fails of its essential purpose.
No action, regardless of form, arising out of or relating to these Terms or the Service may be brought by you more than one year after the cause of action has accrued, except where such limitation is prohibited by law.
We are not responsible for any damages resulting from unauthorized access to or alteration of your transmissions or data, including any content you submit. You are solely responsible for maintaining backups of your data.
This section does not affect any statutory rights that cannot be waived or limited by contract. If you are a consumer in a jurisdiction that provides additional protections, those protections apply to the extent they cannot be excluded.
9. Indemnification
You agree to indemnify, defend, and hold harmless Jade Kirin, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your violation of any law or the rights of any third party, including intellectual property or privacy rights; (c) any content you submit, post, or transmit through the Service; (d) your breach of any representation or warranty made in these Terms; (e) any negligent or wrongful act or omission by you; or (f) any dispute between you and another user.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with us in asserting any available defenses. You may not settle any claim without our prior written consent, which shall not be unreasonably withheld.
Your indemnification obligations survive the termination of these Terms and your use of the Service. We may, at our option, offset any amounts owed to us under this section against any amounts we owe to you, such as refunds or credits.
If you are using the Service on behalf of an organization, the organization agrees to indemnify us as set forth in this section. The organization also agrees to be jointly and severally liable for any breach of these Terms by its employees or agents.
We may require you to provide security or post a bond to cover potential indemnification obligations if we reasonably believe that a claim may exceed your ability to pay. Failure to provide such security may result in suspension of your account.
This indemnification provision is intended to be as broad as permitted by applicable law. In some jurisdictions, indemnification may be limited or unavailable. If any part of this section is found to be unenforceable, the remainder shall continue in full force and effect.
You agree not to bring any claim against us that is covered by your indemnification obligations. If you do, you will be responsible for all costs and fees we incur in defending such claim, including attorneys' fees.
We will notify you promptly of any claim subject to indemnification, but our failure to do so will not relieve you of your obligations except to the extent you are prejudiced by such failure. We will provide you with reasonable information and assistance in defending the claim.
Your indemnification obligations are independent of any other obligations under these Terms and will survive any termination or expiration of these Terms. You acknowledge that this section is a material inducement for us to provide the Service.
If you have any questions about your indemnification obligations, please contact us before using the Service. We may require you to sign a separate indemnification agreement for certain high-risk activities.
10. Termination
These Terms remain in full force and effect while you use the Service. You may terminate your account at any time by contacting customer support or by deleting your account through the platform settings. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations.
We may terminate or suspend your access to the Service, in whole or in part, at any time and for any reason, including without limitation if we believe you have violated these Terms. We will provide you with notice of termination where practicable, but we may terminate immediately without notice if we determine that your conduct poses a risk to us or others.
Upon termination, your right to use the Service ceases immediately. You must stop all use of the Service and delete any copies of materials from your possession. We may, but are not obligated to, delete your account and all associated data within a reasonable time. We are not liable to you or any third party for termination of access.
If your account is terminated for violation of these Terms, you will not be entitled to any refund of fees paid, including subscription fees. If we terminate your account without cause, we will provide a pro-rata refund of any prepaid fees.
The following sections survive any termination of these Terms: Definitions, Intellectual Property Rights, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions. Any other provisions that by their nature should survive termination will also survive.
You may not create a new account after termination without our express permission. If we discover that you have created a new account after termination, we may suspend or terminate that account without notice.
We may retain copies of your content and data after termination as required by law or for legitimate business purposes, such as fraud prevention or legal compliance. Our Privacy Policy continues to apply to such retained data.
Termination does not affect any rights or obligations that have accrued prior to termination. Any dispute that arose before termination remains subject to these Terms, including the dispute resolution provisions.
If you are a consumer in a jurisdiction that provides statutory cancellation rights, those rights are not affected by this section. You may cancel your account in accordance with applicable law.
We reserve the right to discontinue the Service entirely. In such case, we will provide at least 30 days' notice to all active users and will issue pro-rata refunds for any prepaid subscription fees.
11. Dispute Resolution
These Terms and any dispute arising out of or relating to them, including their formation, interpretation, breach, termination, or validity, shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) in accordance with its rules then in effect. The arbitration shall be conducted in English, and the place of arbitration shall be Kunming, Yunnan, China. The award rendered by the arbitrator shall be final and binding on both parties.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized use of the Service. Such action does not waive the right to arbitrate other disputes.
You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Jade Kirin. If this class action waiver is found to be unenforceable, then the entire arbitration provision shall be void.
To initiate arbitration, you must send a written notice to us at 盘龙区白云路168号瑞鼎城A栋商务中心25楼05号房,云南省昆明盘龙区东华街道新兴路38号 附1-PL, Kunming 650000, Yunnan, China, with a copy to help@jadekirin.lat. The notice must describe the nature of the claim and the relief sought. We will then provide you with information about the arbitration process.
The arbitration shall be conducted by a single arbitrator. The arbitrator shall have the power to award any remedy available under applicable law, but shall not have the power to award relief on a class-wide basis. The arbitrator's decision shall be reasoned and in writing.
Each party shall bear its own costs and attorneys' fees in the arbitration, unless the arbitrator determines that the claim was frivolous or brought in bad faith. In such case, the prevailing party may be awarded its costs and fees. The arbitration filing fee shall be shared equally, unless the rules provide otherwise.
If you are a consumer in a jurisdiction that prohibits mandatory arbitration, this section does not apply to you. In such case, any dispute shall be resolved in the courts of Kunming, Yunnan, China, and you submit to the personal jurisdiction of those courts.
You agree that any claim or cause of action arising out of or related to these Terms or the Service must be filed within one year after the claim accrued, or it is permanently barred. This limitation applies to the maximum extent permitted by law.
Notwithstanding the arbitration agreement, we may seek temporary or preliminary injunctive relief from a court of competent jurisdiction to protect our rights or property pending the appointment of an arbitrator. You agree that such relief may be sought without bond.
12. General Provisions
Entire Agreement. These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and Jade Kirin regarding the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.
Waiver. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Jade Kirin.
Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets. These Terms are binding upon and inure to the benefit of the parties and their permitted successors and assigns.
Force Majeure. Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government actions, natural disasters, pandemics, strikes, internet failures, or disruptions to supply chains. The affected party shall notify the other party promptly and use reasonable efforts to mitigate the impact.
Notices. All notices under these Terms shall be in writing and sent to the addresses set forth below. Notices to you may be sent via email to the address associated with your account or posted on the Service. Notices to Jade Kirin shall be sent to: 盘龙区白云路168号瑞鼎城A栋商务中心25楼05号房,云南省昆明盘龙区东华街道新兴路38号 附1-PL, Kunming 650000, Yunnan, China, with a copy to help@jadekirin.lat. Notice is deemed given when received, if by email, or three business days after mailing, if by certified mail.
Contact Information. If you have any questions, concerns, or requests regarding these Terms, please contact us at:
Jade Kirin (昆明毅瑶麒商贸有限公司)
Address: 盘龙区白云路168号瑞鼎城A栋商务中心25楼05号房,云南省昆明盘龙区东华街道新兴路38号 附1-PL, Kunming 650000, Yunnan, China
Email: help@jadekirin.lat
Phone: +1 (270) 615-6476
Website: https://www.jadekirin.lat
Electronic Communications. By using the Service, you consent to receive communications from us electronically, including via email, text, or through the Service. You agree that all notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Headings. The headings in these Terms are for convenience only and do not affect the interpretation of any provision. Words in the singular include the plural and vice versa, and words of one gender include all genders.
No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties and their permitted assigns and do not confer any rights or remedies on any third party, except as expressly stated.
Export Control. You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to a U.S. or Chinese government embargo or designated as a terrorist-supporting country, and that you are not listed on any government list of prohibited or restricted parties.
Consumer Rights. If you are a consumer in a jurisdiction that provides mandatory consumer protections, those protections apply to the extent they cannot be waived. Nothing in these Terms limits any statutory rights you may have, including rights regarding cooling-off periods, warranties, or remedies for defective products.
Language. These Terms are drafted in English. Any translations are provided for convenience only. In the event of any inconsistency between the English version and a translation, the English version prevails. All communications and proceedings relating to these Terms shall be in English.
Amendments. We may amend these Terms at any time by posting the amended version on the Service. Your continued use of the Service after the effective date of the amendment constitutes acceptance. If you do not agree to the amendment, you must stop using the Service. We will use reasonable efforts to notify you of material changes via email or through the Service.
Survival. Any provision of these Terms that by its nature should survive termination, including but not limited to provisions regarding intellectual property, limitation of liability, indemnification, dispute resolution, and general provisions, shall survive termination or expiration of these Terms.
Independent Contractors. The relationship between you and Jade Kirin is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship. You have no authority to bind us in any way.
No Waiver of Rights. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative. No single or partial exercise of any right shall preclude any further exercise of that right.
Construction. These Terms shall be construed fairly and neutrally, without any presumption against the drafting party. The language of these Terms shall not be construed strictly for or against either party.
Time of Essence. Time is of the essence in the performance of all obligations under these Terms, except where otherwise specified.
Counterparts. These Terms may be executed in counterparts, each of which shall be deemed an original, and all of which together constitute one instrument. Electronic signatures shall have the same force and effect as original signatures.
Disclosure. Jade Kirin is a company registered in China. Our business license number is available upon request. We comply with all applicable laws and regulations governing e-commerce in China.
Thank you for choosing Jade Kirin. We value your trust and are committed to providing you with exceptional service. If you have any feedback or concerns, please do not hesitate to reach out to us.