Service Terms

AirwayBest Platform Service

1. Platform service and other services are provided through AirwayBest webpage and WeChat. Members can create an account on AirwayBest platform, release transaction information, refer to freight rates and service information, enter into a transaction, book cargo space, evaluate other members, participate in activities organized by AirwayBest as well as employ other information services and technical services, which subject to the services provided by the opening platform.

2. When trade disputes occur in the transaction process between you and other members on AirwayBest platform, if you or either party or both parties jointly submit to AirwayBest for mediating, then as an independent third-party, AirwayBest has the right to make mediation decision based on unilateral judgment. You understand and agree to accept the judgment and mediation decisions of AirwayBest.

3. You understand and agree that the other party has the right to know your identity information through AirwayBest platform when you release or accept orders on it. In addition, AirwayBest shall provide the userinfo given by you, transaction records and other essential information to government sectors (including the judicial and administrative departments) as required. If you are suspected of violating the legitimate rights and interests of other people's intellectual property rights, AirwayBest also has the right to provide your necessary information to the obligee in the case of the initial judgment of the alleged infringement.

4. Any payable taxes arising from the use of platform service and expenses like hardware, software, services purchase, etc. shall be borne and paid by you.

Usage Specification for AirwayBest Platform Service

1. In the process of employing AirwayBest service on the platform, you promise to comply with the following conventions:

a) All their actions are in compliance with national laws, regulations and other specification documents and the regulations and requirements of AirwayBest Platform. Do not violate public interest and public morality. Do not damage the legitimate rights and interests of others. Do not evade taxes payable. Do not violate this agreement and the relevant rules.

b) In the course of dealing with other members, comply with the principle of good faith, do not take unfair competition behavior, do not disturb the normal order of online transactions and do not engage in any behavior unrelated to online transactions.

c) Don't release commodity and services information prohibited or restricted by the state (unless it also has a legitimate and sufficient permissions). Do not release commodity and services information suspected of infringing the intellectual property rights of others or other legitimate rights. Do not release commodity and services information breaching public interests or public morality or not suitable for sales on Platform considered by AirwayBest. Do not release information suspected of violation of laws or this Agreement and various kinds of rules.

d) Do not evaluate other members in the form of making up or distorting the facts. Do not take improper way to make or improve their credibility. Do not take improper way to make or improve (bring down) the credibility of other members.

e) Do not apply any data on the AirwayBest Platform for commercial use, including but not limited to copying, spreading and in any means using the information displayed on the AirwayBest Platform without prior written consent of Air Platform.

f) Do not use any device, software or routine procedures to interfere or attempt to interfere with the normal operation of AirwayBest platform or any transaction and activity carrying on the platform. You are not allowed to take any action that will lead to unreasonable huge data load to the action of AirwayBest platform's network devices.

2. You know and agree that:

a) If you breach the foregoing promises, any legal consequences coming about from that should be borne by you in your own name independently. What's more, you should ensure AirwayBest free from any loss or expense increase arising from that.

b) Based on the maintenance of AirwayBest platform's trade order and trade security, AirwayBest shall have the right to close corresponding quotation and booking operation, etc. in the event of a malicious quotation, booking and other deed disturbing the order of normal market trading.

c) If your illegal or infringement act has been confirmed in accordance with effective legal documents of the administrative and judicial organs of the state, or according to their own judgment, AirwayBest think your act is in violation of the provisions of the laws and regulations or the terms of this Agreement and / or the rules, AirwayBest has the right to publicize your illegal or infringement act and the actions taken by AirwayBest on its platform.

d) For the information you released on AirwayBest platform suspected of breaking the law, infringing the legitimate right of others or breaching this Agreement and / or the rules, AirwayBest has the right to delete that without informing you and impose corresponding punishment in accordance with the provisions of the rules.

e) If you are in violation of the commitment in this Agreement, or the action you taken on AirwayBest platform, including the action you haven't taken on the platform but it has already had impact on the platform and its users, AirwayBest has the right to unilaterally determine the nature of your action and whether it breaks this Agreement and/ or the rules, and handle the case or stop providing service for you according to applicable rules of the unilateral recognition of the results without asking for your consent or notice in advance to you. You should keep all the evidence relevant to your actions, and bear the adverse consequences of the inability to provide sufficient and necessary evidence.

f) If you are suspected of violating relevant laws or the provisions of this Agreement, any loss, third party claims,or administrative department's punishment suffered by AirwayBest shall be borne by you, including reasonable attorney's fees.

Special Authorization

You fully understand and irrevocably grant the following rights to AirwayBest and its affiliated companies:

According to the provisions of this Agreement and the rules of AirwayBest, You fully understand and irrevocably grant AirwayBest or its authorized third party to handle all transactions and trade disputes that may arise on the platform. You agree to accept the judgment and mediation decision of AirwayBest or its authorized third party. The decision will be legally binding on you.

2. Once you have made any kind of commitment to AirwayBest and related companies have confirmed that you are in breach of the commitment, then AirwayBest has the right to immediately take restrictive measures on your account according to your promise or protocol agreement, including suspending or terminating the services provided to you, and publicize your default confirmed by related companies. You understand and agree that there is no need for AirwayBest to confirm relevant facts with you, or obtain your consent, and AirwayBest does not have to bear any liability to you on this restriction measures or public behavior.

3. Once you are in breach of this agreement or other agreement you signed with AirwayBest, AirwayBest has the right to inform its associated companies in any manner, requiring them to adopt measures to limit your rights and interests, including but not limited to paying your cash deposit to the specified object, requiring associated companies to suspend and terminate part or all of the services to you and publicize your default on any website operated or in actual control by it.

4. For information and data you provide, you grant AirwayBest, Shipping Bible and its associated companies exclusive, worldwide, permanent and free licensing use right (and the power to re-authorize the right in multiple layer). In addition, AirwayBest, Shipping Bible and its associated companies have the right (in whole or in part) to use, copy, revise, rewrite, publish, translate, distribute, implement and display all of your data (including but not limited to registration information, transaction data and all kinds of information completely displayed on AirwayBest platform) or make derivative works, and bring the above information into other works in any form, media or technology known or later developed.

5. To facilitate your use of the service on AirwayBest platform and other organizations (hereinafter referred to as the other services), you agree and authorize AirwayBest the right to transfer your information provided and formed in the process of account registration/activation and service using to other organizations that has provided other services for you, or acquire your information provided and formed in the process of account registration/activation and service using from other organizations that has provided other services for you. You agree not to investigate AirwayBest for any responsibility.

Scope of Liability and Limitation of Liability

1. AirwayBest is responsible for providing you with the services of AirwayBest platform in accordance with the "status quo" and "available" status. However, AirwayBest does not make any explicit or implicit guarantee for its platform service, including but not limited to the applicability of AirwayBest platform, no errors or omissions, continuity, accuracy, reliability, and application to a particular purpose. At the same time, AirwayBest makes no promises or guarantees of any kind on the validity,veracity, accuracy, reliability, quality, stability, integrity and timeliness of the technology and information involved in AirwayBest platform.

2. You understand the information on AirwayBest platform is released by users themselves, and there may be risks and flaws. AirwayBest platform is jut a trading place. AirwayBest platform is just a negotiation and trading place for you to get service information, identify the object of transaction and negotiate service trade, but it can not control the service quality, safety or legality. the authenticity and accuracy of the trading information, and the capacity of all trading parties to fulfill their obligations in trade agreements. You should carefully determine the authenticity, legality and validity of the relevant services or information, and bear the responsibility and loss by yourself.

3. Unless laws and regulations make a clear requirement, or in case the following situations occur, otherwise, AirwayBest has no obligation to inspect all users' information data, information of goods and services, trading behavior and other business in connection with the transaction in advance:

a) There are reasonable grounds for AirwayBest to believe certain members and specific transaction may have a major violation or breach of contract.

b) AirwayBest has reasonable reason to think that the behavior of its users is illegal or improper.

4. AirwayBest or the third party authorized by AirwayBest or the third party agreed by you and AirwayBest has the right to accept the disputes occurred in the process of transaction between you and other members based on your irrevocable authorization, and has the right to make unilateral judgement on the fact related to the dispute and applicable rules, and then make a decision, including but not limited to adjusting the transaction status of relevant orders as well as giving the margin in your margin account to either or both transaction parties. The decision is binding on you. If you do not implement the decision within the time limit, then AirwayBest has the right (but not the obligation) to directly use the money in your margin account to pay others. You should timely complement the deposit and make up the losses of AirwayBest and its affiliates, or AirwayBest and its affiliates have the right to directly offset your interest in other contract, and shall have the right to continue pursuing of recovery. You understand and agree that AirwayBest or the third party authorized by AirwayBest or the third party (non-judicial organ) agreed by you and AirwayBest can only identify the evidence as ordinary person. The meditation carried on by AirwayBest or the third party authorized by AirwayBest or the third party agreed by you and AirwayBest is completely based on your irrevocable authorization. It can not guarantee the dispute processing results are in accord with your expectations, or bear any responsibility for the dispute mediation conclusion. If you suffer from the loss, you agree to claim on your own.

5. You understand and agree that AirwayBest does not undertake the due obligations for any damages due to any of the following circumstances, including but not limited to loss of profits, goodwill, usage and data etc.or the damages of other intangible loss (whether AirwayBest has been informed of the possibility of such damages): <

a) using or failing to use the service on AirwayBest platform.

 

b)Third party use your account or change your data without your approval.

c) Expenses and losses caused by the purchase or acquisition of any services, data, information, or other transactions or other substitutive behavior.

d)Your misunderstanding of the air transport service.

e) Any other losses related to AirwayBest but caused not by it.

6. a) No matter under what circumstances, AirwayBest will not shoulder the responsibility for unable service or delay service caused by the following reasons: normal facilities maintenance of information networks, information network connection failure, computer, communication or other system failure, power failure, strike, labor dispute, riot, insurrection, disturbance, productivity or production data shortage, fires, floods, storms, explosion, war, government behavior as well as nonfeasance of judicial and administrative authorities or third party.

b) With regard to links, AirwayBest or the third party can provide links with other world wide web sites or resources. Because AirwayBest does not control the sites and resources, you acknowledge and agree that AirwayBest is not responsible for the availability of such external site or resource, and does not accept any content, publicity, product, service or other materials that are released on such sites and resources or can be obtained from such sites and resources, nor assumes any responsibilities for that. You further acknowledge and agree that AirwayBest shall not bear the responsibility for any direct or indirect losses caused by (or claimed to be caused by ) use or reliance of such content, publicity, product, service or other materials on such sites or resources.