User Agreement - Seadaka
Seadaka is committed to providing global enterprises with consultancy services regarding accounts receivable management and helping them to improve their credit management level, reduce risks, and increase returns. It provides a communication platform for enterprises in the field of global credit risk management to expand their business and improve their reputation.
You have no right to use our services unless you have fully read, understood and accepted all terms of this Agreement. You agree that by clicking “Consultation”, “Registration” or similar content on this site, registering, accessing, or using our services (see below), you are agreeing to a legally binding contract with Seadaka (this is true even if you are representing a company). If you do not agree to this contract (mentioned in this document as “contract” or “agreement”), please do not click “register,” or any such similar content on this site. Please do not access or use any of the services provided by us in any way whatsoever. If you wish to terminate this contract, you can cancel your account at any time and cease the use of our “service”.
I. Scope of Agreement
1. This agreement is an agreement between Seadaka and its users relating to the use of the services we provide. This agreement applies to the Seadaka website, applets, mobile apps, and any other Seadaka related websites or services (collectively referred to in this contract as “services”) provided under this contract, including off-site data collections of these services, such as our advertising service and our plugins for registration and content sharing.
2. This agreement applies to all “Members” and “Visitors”. If you register or join Seadaka’s “Service”, you will become a “Member”. If you choose not to register for Seadaka’s “Service”, you can access certain functions as a “Visitor”.
2.1 There are two types of “members” on Seadaka. The first type of member is “Experts”. Experts are users who register through the expert registration portal. The second type of member is “Users”. Users are members who register via the creditor registration or log-in terminal.
2.2 When you register on Seadaka platform, you must satisfy our service qualification requirement in order to be permitted to join and use the “Service”. Part of this service qualification requirement includes the requirement for visitors applying to become members to provide accurate and clear details in their application. Furthermore, an applicant must follow the other obligations laid out in this document.
II. Your Account and Password
1. You need to register an account to become a member of this platform and you should keep proper care of your account and password. If your account is stolen or your password is disclosed due to your improper safekeeping, you shall bear full responsibility on your own.
2. Members are account holders. You agree to (1) Use a strong password and keep it safe; (2) Not transfer any part of the account (for example: to a friend), and (3) Abide by the law and observe the rules and regulations of Seadaka.
3. Because a member’s account is associated with their credit information, an account cannot be transferred except in instances of a legal requirement, a judicial ruling, or in instances where Seadaka agrees. Once your account is transferred, the rights and obligations that a member has will be transferred together. Excluding the aforementioned instances where an account transfer is permitted, your account cannot be transferred in any way, otherwise, Seadaka has the right to investigate and take appropriate legal action against you for the liability you shall bear for breach of contract. Furthermore, the corresponding liability for such aforementioned actions will be borne entirely by you.
III. Personal Information Protection
1. The protection of users' personal information is a fundamental principle of Seadaka. Our platform will collect, use, store and share your personal information in accordance with the provisions of this agreement and the Privacy Agreement.
2. You may need to fill in some necessary information when you are registering an account or using the platform services. According to special provisions in national laws and regulations, you may also need to fill in your identity information. If the information you fill in is incomplete, you may not be able to use the service or be restricted from using it.
3. Under normal circumstances, you can view and modify the information you submit in accordance with the relevant product rules. However, for security and identification reasons, you may not be able to modify your initial registration information and other verification information you provided during registration.
4. Seadaka will utilize various security technologies and programs to establish a complete management system to protect your personal information from unauthorized access, use or disclosure.
5. Seadaka will not transfer or disclose your personal information to any third party unless:
(1) Required by relevant laws and regulations or judicial and administrative organs.
(2) To complete a merger, demerger, acquisition or transfer of assets.
(3) Necessary to provide the service you requested.
(4) When the transfer or disclosure to any third party is permitted under the Privacy Agreement or other relevant agreement rules.
Our services are provided based on current business and conditions. Due to business strategy arrangement, business adjustment and other reasons, the specific services available to users may vary from period to period, which shall be subject to what Seadaka actually provides.
V. Service Fee
1. Some of our services are paid services, and the service fee shall be subject to the charge method and standard listed on the product page when you use our service. If you use paid services, please comply with the relevant agreement. Once purchased, the services are non-refundable unless they are provided on a “No Win, No Fee” basis or the services are inconsistent with the product publicity.
Unless otherwise specified in separate service agreements, this agreement, or other Seadaka terms and conditions, for each service purchased, customers shall pay Seadaka the platform usage fee, which is 15% of the total service fee. For services provided on a “No Win, No Fee” basis, the platform usage fee shall not be refunded even if the service result is not success.
2．We may modify and change the service fee standard and method of the paid services according to actual needs, or we may start charging for some free services. Before such modification, change or charging, we will inform you on the corresponding service page. If you do not agree with the above modification, change or charging, you have the right to stop using the relevant services.
3．If we reduce the service fee or make the service free of charge, we reserve the right to not refund or adjust the service fee for original paying users.
VI. Notification and Service Information
1. You agree to let us send notices and messages to you through our website, mini-programs, applications and your contact information. If your contact information expires or at any point becomes incorrect, please update your contact information promptly, otherwise you may miss important notices, and all legal liabilities arising from the failure to read such notices will be borne entirely by you.
2. You agree that we will send you notifications in the following ways: (1) by using notification features in our “Services”, or (2) by sending a message to the contact information that was provided by the “member”, such as email, phone number, mailing address, etc. By using this service, you agree to update your contact information in a timely manner.
3. If you wish to control or limit the news and information you receive from Seadaka, please contact Seadaka customer support for help.
1. Service Qualification
1.1 You make the commitment to Seadaka that you are eligible to sign this contract and have satisfied Seadaka’s service qualification requirements.
1.2 You confirm that when you complete the registration process or use the “Service” in any manner permitted by Seadaka, you have the capacity for civil conduct as stated by the laws of the People’s Republic of China and will conduct yourself in a civil way as stipulated by the laws of the People’s Republic of China. If you do not have the aforementioned capacity for such civil conduct, you and or your guardian shall bear the corresponding consequences arising therefrom in accordance with the law, and Seadaka has the right to terminate the provision of “Services” to you and cancel your account. If you register on Seadaka on behalf of a company or other legal subject, you declare and justify that you have the right to subject the company or legal entity to this agreement.
2.1 After using our services to share information, it will be visible for others to view, copy, and use.
2.2 Our “Service” provides a variety of ways for users to send and share information, such as professional files, articles, updates, classic cases, and news. Members, visitors, or others can see what you share or post (including instances outside of the realm of Seadaka’s “Service”).
2.3 You declare and guarantee that you have the legal right to the information you post. Otherwise, Seadaka may delete or block the information you publish according to the stipulations of law and to this agreement.
3. When using the service, you shall comply with laws and regulations and shall not produce, reproduce, publish or disseminate the information containing the following contents or engage in relevant activities; nor shall you provide convenience for the production, reproduction, publication or dissemination of the information containing the following contents or the engagement in relevant activities:
(1) The violation of national laws and regulations by committing actions prohibited by law;
(2) Political propaganda, feudal superstitions, obscenity, pornography, gambling, violence, terror, or abetment;
(3) Fraud, falsehoods, inaccuracies, or misleading information;
(4) Infringement of the intellectual property rights of others or the involvement of third-party trade secrets and other proprietary rights;
(5) Insults, defamation, intimidation, involvement of the privacy of others, or infringement of the legal rights and interests of others;
(6) Contain any viruses, trojan horses, crawlers or any other form of malicious software, programs, or programming of any sort that may damage, tamper with, delete, or affect the normal operation of any of Seadaka’s systems, or secretly or maliciously collect any of Seadaka’s data, or collect the data of Seadaka’s members, visitors, or any other user on the platform.
(7) Any other thing that violates the social public interest or public morals or is not suitable to be posted on Seadaka’s platform in accordance with the Seadaka user agreement.
4. As for text, picture, video, audio and other non-personal information you provide and publish, and is generated during your use of Seadaka services, their intellectual property rights, portrait rights and other rights will not be transferred due to your acts of uploading and publishing on Seadaka’s “Service”. Unless Seadaka clearly states otherwise, within the scope allowed by law and the protection period stipulated by law, you grant Seadaka and its affiliated companies a non-exclusive, non-geographically restricted license to the rights and use of the information you put on the platform (the scope of which includes storage, use, copying, revision, editing, release, display, translation, the distribution of your non-personal information or works as well as any derivatives made from them, and the incorporation of such works into forms of media either known now or to be developed in the future, etc.). You also grant Seadaka the right to obtain evidence and pursue legal action against a third party for infringements in its own name.
5. By registering and using our Service, you agree to primarily communicate via the features and functions built into Seadaka. You agree to not use third-party methods to communicate (such as email) unless it’s under a special circumstance that requires it. Experts and users shall not communicate via third-party methods (such as email) before they formally sign an online collection contract on the Seadaka during the consultation process.
6. By registering and using our Service, you agree to use the Seadaka automatic contract system for any debt collection contracts signed. In instances where an electronic signature is not legally binding, an expert may also request for a creditor to sign a secondary contract. The secondary contract shall be not be signed until after the order is made on the Seadaka system. Any secondary contract signed with a creditor must stick to the same clauses as the contract generated on the Seadaka system. Only after a contract has been signed between an expert and a creditor shall the expert contact the debtor in any way.
7. Credit Report Services
7.1 Seadaka shall:
(1) Provide credit reporting services as agreed.
(2) Ensure that the contents of credit reports are true and valid.
(3) Abide by the confidentiality agreement, and do not disclose relevant materials and information of users to third parties.
(4) Provide credit reports with interpretation to users within 7-10 working days after users place an order
7.2 Users shall:
(1) Pay for the credit report services as agreed.
(2) Provide complete, true and necessary background information and materials for conducting credit investigation.
(3) Not require information that violates national laws and regulations, national policies, infringe on national interests, social public interests, the legitimate rights and interests of others, or disclose state secrets, commercial secrets and personal privacy.
8. E-commerce Account Reinstatement
To purchase the e-commerce account reinstatement service, a customer shall pay the service fee through the Seadaka system in advance. The service fee from customers will be temporarily kept in Seadaka’s payment account until the result of the service comes out.
If the expert successfully gets the account reinstated, after the customer confirms the completion of the service, Seadaka will transfer the service fee to the expert. If the expert fails to reinstate the account, Seadaka will deduct 5% of the user’s payment as the platform usage fee and then return the rest to the user.
VIII. Liabilities for Users' Violation of Laws and Regulations
1．If you violate relevant laws and regulations or provisions in this agreement during your use of the Service, relevant national authorities or agencies may file a lawsuit, impose fines or take other sanctions against you and request Seadaka to provide assistance. If damages are caused to you or others as a result thereof, you shall be fully liable, and our platform shall not bear any liability.
2．If you violate this agreement, Seadaka shall have the right to make independent judgment and take corresponding actions, including but not limited to deleting or blocking relevant content through technical means. Meanwhile, depending on the nature of users' behaviors, Seadaka shall have the right to take measures including but not limited to suspending or terminating the services provided to you; limiting, suspending, freezing or terminating your account, and investigating your legal liability.
3．You shall be solely liable for the losses suffered by any person as a result of your breach of this agreement and shall indemnify Seadaka for the losses suffered thereby.
IX. Force Majeure and Exclusion of Liability
1. You understand and agree that your use of our services may be affected by force majeure and other risks. Force majeure refers to unforeseeable, insurmountable and unavoidable objective events that have a major impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, plague epidemic and storms, and social events such as war, unrest and government actions. In case of the above situations, Seadaka will try to cooperate with relevant units to deal with it in a timely manner. However, Seadaka shall be exempted from liability for the losses caused thereby to the extent permitted by law.
2. Seadaka strives to ensure the quality of our services but we do not make any declarations or guarantees about the “Service”, including making no statement about uninterrupted or error-free services, and provide the platform’s “Service” (including both content and information) based on present availability. To the maximum extent permitted by applicable law, Seadaka is not responsible for any implied or legal or statutory guarantees, including but not limited to ownership, the accuracy of data, infringement or non-infringement, marketability, or suitability for specific purposes.
3. Exclusion of Liability
3.1 Seadaka bears limited legal liability for you. To the maximum extent permitted by law, Seadaka is not responsible for any business opportunities, effects to reputation (for example offensive or defamatory statements), loss of data (for example loss of business, or the use or modification of your information or content), or any indirect, sudden, subsequent, special or punitive loss that you may receive from your participation in this contract, other than for platform reasons.
3.2 Seadaka is a platform that connects experts and users, but it is not directly involved in the process, so it is not liable for the communication and interaction between experts and users. Seadaka is not responsible for any problems an expert or a user may bear arising from interaction on our platform with other users or experts. Seadaka is not responsible for any disputes or the results of any disputes, problems, disagreements, loss of reputation, loss of business, loss of funds, or loss of data that may arise from the interaction of a user and an expert. If a dispute arises between an expert and a user, it is the responsibility of the expert and user to resolve their dispute. In an attempt to promote a harmonious solution to the problem, Seadaka may attempt to assist with mediation between the user and expert, but Seadaka in no way bears responsibility for anything causing such a dispute or resulting from such a dispute.
X. Modification and Termination
2. Either you or Seadaka can notify the other party in order to terminate this contract at any time. Once the agreement is terminated, you lose the right to access or use the “Service”. The following will not be terminated:
2.1 The rights for Seadaka to use, publish, or publicly disclose your feedback;
2.2 The rights of members and/or visitors to forward the content and information you share through the “Service”;
2.3 You can contact Seadaka Customer Service to cancel your account.
XI. Applicable Law and Dispute Resolution
1. The validity, interpretation, modification, execution, and dispute resolution of this agreement shall be governed by the laws of the mainland of the People’s Republic of China. In an event where there are no relevant laws pertaining to any relevant instance, business conventions and/or industry conventions will be referred to.
2. This Agreement is signed in Shinan District, Qingdao City, Shandong Province, PRC.
3. If a dispute arises between you and Seadaka, the two parties should first try to settle it through friendly negotiation. If negotiation fails, you agree to submit the dispute to the competent people's court at the place where this agreement is signed (Shinan District, Qingdao City, Shandong Province, PRC).
4. If for any reason, part of the provisions of this agreement becomes invalid or unenforceable, the remaining provisions shall remain valid and binding on both parties.
5. In case of any inconsistency between the Chinese and English versions of this agreement, the Chinese version shall prevail.
XII. How to Contact Us
If you need to contact us, please email us at [email protected]. You can also contact Seadaka’s online Customer Service for inquiries or information about our “Service”.