Wanyoo Membership Agreement

 

Thank you for choosing Wanyoo. These terms and conditions apply to Shanghai Wanyoo Information Technology Co., Ltd., a company located in domestic China, and constitute a legal instrument between you and the franchise system comprising Shanghai Wanyoo Information Technology Co., Ltd. and its franchise stores (hereinafter referred to as ‘Wanyoo’).

I. Validation of Wanyoo membership agreement

1. For a better understanding of the services we are offering and your rights and obligations in using our services, please carefully read this Agreement (especially those in bold). If you have any question about the terms herein, you may consult us by sending an email to khfw@wywk.cn.

2. Alteration of any terms hereof will be released at www.wywk.cn by way of announcement in advance, and the altered Agreement will take effect upon the expiration of the announcement period. By continuous using our services after effectiveness of the altered Agreement, you accept the altered terms and agree to use our services in accordance with such altered Agreement. If you don’t agree with any terms thereof as altered by Shanghai Wanyoo Information Technology Co., Ltd., please immediately stop using the services offered by Shanghai Wanyoo Information Technology Co., Ltd.

II. Wanyoo service related definitions

1. Internet Access refers to the internet access and other related value added services that Wanyoo agrees to offer through its franchise stores in accordance with the provisions hereof and any other operation rules issued from time to time; Wanyoo Account (or ‘Account’) refers to the account to be allocated to you to use Wanyoo services once you have obtained a membership number and got your identity verified. 

2. Identity Elements refers to the information to be used by Wanyoo to identify members, which includes, but not limited to, user’s membership number, payment password, SMS check code, telephone number, mobile number, and ID card number etc.

3. Competent Authorities refer to any organ that is entitled to check, freeze or deduct any fund in accordance with laws and regulations, which includes, but not limited to, public security organ, procuratorate, court, customs, and tax authorities. 

4. Freeze means that as required by a competent organ. Frozen balance can not be used for payment, withdrawal or money transfer etc., and a frozen account can not be logged in or used.

5. Restriction means, in addition to freeze, unavailability of all or partial function of Wanyoo membership number or account, and unavailability of relevant assets or balance of a membership number or account.

III. Registration, use and close of Wanyoo membership number and account

1. Registration 

i. You shall acknowledge, represent and warrant that you are not younger than 18, and you are fully capable to sign these terms and conditions, to abide by and to comply with relevant provisions. You agree to provide accurate and complete information as required by Wanyoo, including your true name, contact information, and identity documents (ID card, driver’s license, passport etc.), and you shall ensure such information is correct, updated and valid.

ii. You may obtain your membership card at any Wanyoo franchise store free of charge, unless relevant policy of some store differs, and the charging standard of such store shall prevail in that case; new member needs to deposit certain sum of money in the membership card per the recharging threshold publicized by respective store.                                 

iii. You may log on any Wanyoo franchise store using your ID card with no need for repeated registration. 

2. Use

i. As reference of your identity, the Identity Elements are advised to be properly kept. Any operation done or instruction made using user’s identity elements will be considered being done or made by user. You shall bear all the risks, liabilities, loss, or expense etc. caused by fraudulent, embezzled illegal use of your account, password or such other information due to your own fault.

ii.  For the security of your money, please set the password of your mobile phone or other devices differing from that to your Wanyoo membership and account. Please promptly notify Wanyoo in an effective manner once your membership number, account, or your Wanyoo user name or login password is discovered being used fraudulently, or your mobile phone or other related devices are missing; or you may ask Wanyoo to suspend or stop offering services. You understand that Wanyoo will deal with your request within a rational time period, if Wanyoo fails to take any effective measure within a reasonable time, and your loss is expanded thereby, Wanyoo will be liable for the expanded portion of loss, except those instructions that have been executed before any actions taken by Wanyoo.

iii. Wanyoo membership number and account can be used by user only, which can not be transferred, lent, presented, or inherited, however, relevant property right of Wanyoo account can be inherited according to laws. 

iv. For the purpose of operation and transaction security, Wanyoo may suspend or restrict any function of any portion of services, or may add any new functions.   

v. To maintain a good cyber environment, Wanyoo may need to know your motivation and purpose of using Wanyoo services from time to time. Please positively cooperate if you are asked to provide relevant information or material.

3. Close

You may apply for close of your membership number or Wanyoo account if you need to stop using Wanyoo services, provided that the following conditions are satisfied:                                                         

i. You may only apply for cancelation of your own membership number or account according to the established procedure of Wanyoo.

ii. You may apply for close of your membership number of account via self-help or manual approach.     

iii. The membership number or account you ask to cancel shall be in normal state, namely, the information of your membership number or account is updated, complete and correct.

iv. Once your membership number or Wanyoo account is canceled, you will be unable to use any Wanyoo service, and the rights and obligations of the parties hereto will be terminated (unless those can not be terminated as otherwise specified herein or by their nature), meantime, the following consequences may appear:

(1) Any redeem code, card or coupon (including, without limitation, Yule card, coupon and such other redeem code, card or coupon in relation to membership number or Wanyoo account) will be void.

(2) You shall remain responsible for your action taken prior to close of your membership number or account, or during use of Wanyoo service, including but not limited to, default liability, damage liability, and performance obligation, on the other hand, Wanyoo may keep relevant information recorded prior to the close.

(3) Once successfully closed, your account record, account functions and etc. will be unable to be recovered or offered.

IV. Consuming as a Wanyoo member

In order to effectively protect your lawful rights and interests when using Wanyoo services, please be advised of the following matters:

1. You shall present your current ID certificate and check in every time before using Wanyoo services. You will be required to input your membership account and password for consumption (the password comprises initial password and dynamic password). You may check out using self-service installed in the computer or at the bar counter. If you failed to check out either way, the money in your membership card will be continuously deducted pursuant to the region-specific unit price, while Wanyoo will take no liability for compensation. You shall be responsible for the security of your account and password. It’s your obligation to properly keep your account and password, to correctly and safely use your account and password, and to take liability for any action incurred by the account after login.

2.  No further service is available if the balance in your membership card is 0. You shall recharge for further consumption. Please refer to store-specific bulletin for applicable recharging threshold. You may recharge your membership card via alipay.com, yupaopao.cn or other online recharging platforms. As restricted by our system, the money may be received at a later time; you shall keep the account number and password of your membership card safe.  

3. Please note that, if your membership card remains unused for a consecutive 365 days since it is issued, you will be classified as an ‘inactive member’, we will then charge you the account management fee less than 30 Yuan a year. If your card is used after the said period, you will be granted a coupon of extra 30 Yuan for recharge of 100 Yuan, which can be obtained and used through the official WeChat public number of Wanyoo.

4. The amount of money presented at backstage has no deadline for use, provided that you continue using Wanyoo services, however, if your account remains unused for a consecutive 2 years, such money will be gradually reduced by 10 Yuan each month, till your account is used again. 

5. In the following circumstances, we will suspend or stop offering Wanyoo services to the membership number and/or Wanyoo account in your name:                                                       

i. You are in breach of this Agreement;

ii. In accordance with relevant provisions of laws, regulations and legal instrument;

iii. In accordance with relevant requirement of competent authorities;

iv. You were involved in using Wanyoo membership number or account in bad faith, scalping, fraudulent transaction, cheating or other actions violating activities rules or good faith principle;

v. You had improper benefits as some other person transferred money into your Wanyoo account by mistake, or due to other causes;

vi. You are complained and the complainant had provided some evidence;

vii. You might have used other’s Wanyoo membership number or account by mistake, or have your identity verified using other’s membership number of account;                              

6. In the course of using Wanyoo services, the provisions hereof, any operation instruction popped up on our website, or any message sent from us to your mobile shall be considered as relevant rules which you should comply with.                                            

7. Membership benefits

i. With Wanyoo membership card, you can enjoy membership rate at any Wanyoo franchise store, however, the membership rate differ among regions, and the price sheet displayed at the store prevails; in addition, you can use our services free of charge (actual benefits are subject to the store activities) before 24:00 on your birthday, as shown on your ID card; the membership card is acceptable at all Wanyoo stores, except some stores applying different charging system or policies; 

ii. The membership card will contain cash amount and amount presented at backstage. The cash amount can be used to buy any products (refer to Yupaopao APP for price list) on sale at any Wanyoo store, while the amount presented at backstage can only be consumed for internet service; you may also make a reservation of the computer at your favorite spot through online payment of the member price;

iii. With a membership card, you can participate in special offer, recharging reward, winner gift and such other activities regularly held by Wanyoo, while non-member can’t participate in such activities.  

8. Service charge

i. Each time after service, we will collect service charge not higher than 10% of the amount you consumed, which will be deducted from your cash amount directly and reflected in your account. Such service charge guarantees a good environment and nice service in Wanyoo store. Please check with our service staff if you have any question about the service charge.                       

ii.The platform service fee includes: user-specific system usage fees and other fees (subject to the bill display).  

V. Bonus point

1. Bonus point generates on the basis of your cash consumption amount each time you use your membership card, and such point is valid within one year since it generates.

2. With regard to the bonus point granted by Wanyoo in the course of your consumption, no matter by whatever means it is obtained, you shall not exchange such point for cash or money.

3. The bonus point is not your property, Wanyoo has the right to unilaterally adjust the value of such point or its rules.

4. You are only entitled to exchange such point obtained for certain service or product offered by Wanyoo pursuant to the point rules prescribed by Wanyoo.

5. If and when we have reasonable grounds to suspect that you might have obtained and (or) used your point by fraud, abuse or any other wrongdoing, we may cancel, restrict or terminate your point or use of point at any time.

VI. User’s commitment of lawful use of Wanyoo services

1. You shall abide by relevant laws and regulations of the People’s Republic of China, and that of your home country or any other country or region that you live or carry out business activities or other business, and you shall not use Wanyoo services for any illegal purpose (including transaction of any banned or restricted articles), neither use Wanyoo services in any illegal way.

2. You shall not make use of Wanyoo services to infringe upon the lawful rights and interests of others, otherwise, we will be entitled to launch an investigation, defer settlement or refuse to offer further services, and you shall take all the related legal liabilities, also, you shall be liable for any loss Wanyoo or our employee or other party thereby suffers.

3. Paragraph 1 and 2 above apply to (without limitation) the following circumstances:

i. Infringe upon other’s right of reputation, right of privacy, trade secret, trademark right, copyright, patent right and such other lawful rights. 

ii. Violate the duty of confidentiality as agreed or required by laws. 

iii. Use Wanyoo services in the name of other person. 

iv. Transmit or use any pirated software, obscene material, or any items that Wanyoo believes shall not be transmitted using Wanyoo services. 

v. Provide gambling information, or lure others in any way to participate in gambling.

vi. Engage in any act that might harm our service system or data. 

vii. You understand that our service depends on correct operation of Wanyoo system. You agree that Wanyoo may take corrective actions such as error correction, money deduction etc. in the events of error display or improper benefits to you or Wanyoo due to system error, failure or other reason.

VII. Force majeure, disclaimer and limitation of liability 

1. Disclaimer

Wanyoo will assume no liability for unavailability of Wanyoo services due to the following reasons:

i. Shutdown of Wanyoo system for maintenance or upgrading; 

ii. Due to any force majeure including typhoon, earthquake, flood, thunder or terrorist attack;

iii. Improper operation or use of Wanyoo services in a way not authorized or recognized by Wanyoo

iv. Due to virus, Trojan, malicious program attack, network congestion, system instability, malfunction of system or equipment, communication failure, power failure, bank fault, defect of third party service, or government behavior etc. 

v. Notwithstanding the above provisions, we will take reasonable measures to actively resume services. 

2. Scope and limit of our liability 

i. As Wanyoo user’s information is provided by user, so we’re unable to guarantee the accuracy, timeliness and integrity of such information. 

VIII. User’s authorization 

1. Without disclosure of individual user’s private data, Wanyoo is entitled to carry out technical analysis of the entire user’s database and to use such analyzed data for commercial purpose. Although we, Shanghai Wanyoo Information Technology Co., Ltd., will use our best effort to protect user’s privacy, we can not guarantee that user’s technology information etc. will be free from any form of loss on the basis of existing security measures.

2. Wanyoo users shall agree to receive any promotion or other related business information from Wanyoo sent by email or other means. 

3. All notices hereunder may be made on our website or given by email or regular mail; such notice will be deemed to have been given to the addressee upon sent. 

IX. Intellectual property protection 

1. All systems of Wanyoo and its affiliates, and all the contents on this website, including but not limited to works, pictures, files, information, material, site structure, picture arrangement and web page design are intellectual property lawfully possessed by Wanyoo and its affiliates, including, without limitation, trademark right, patent right, copyright, trade secret etc. 

2. Without written consent from Wanyoo or its affiliates, no person may use, revise, decompile, duplicate, transmit, alter, distribute, release or publish any program or content of this website. 

It is your obligation to respect the intellectual property rights. If there is a violation, you shall be liable for damages. 

X. Special statement

Whereas, according to Article 39 of the Contract Law of China, if standard terms are used in a contract, the party providing standard terms shall define each party’s rights and obligations on the principle of fairness, shall remind the other party in a reasonable manner to note the terms exempting or restricting its liability, and shall explain such terms as requested by the other party.

Now, therefore, Shanghai Wanyoo Information Technology Co., Ltd. hereby represents as follows: 

Shanghai Wanyoo Information Technology Co., Ltd. advises users to pay attention to relevant obligations in the following ways: for the purpose of this Agreement, Shanghai Wanyoo Information Technology Co., Ltd. uses noticeable format such as bold font, italics font, underline, color marking etc., to draws user’s attention to relevant terms (please note that, such terms also include those not specifically marked but contain phrases such as ‘not responsible’, ‘disclaim’, ‘shall not’ etc.), which might put user in a passive state or bring in inconvenience or loss under certain circumstances, and which users are encouraged to read one more time before accepting this Agreement. The Parties acknowledge that, the foresaid terms are not those ‘exempt its liability, increase the other party’s liability, or exclude the other party’s major rights’ as described in Article 40 of the Contract Law. Shanghai Wanyoo Information Technology Co., Ltd. respects user’s rights, especially the right to pursue a law suit, however, as a company doing business worldwide, Shanghai Wanyoo Information Technology Co., Ltd. suggests the local court at where Shanghai Wanyoo Information Technology Co., Ltd. locates as the court of jurisdiction, and user agree on this suggestion by accepting this Agreement and using our services. 

If you need further explanation of relevant terms, please immediately stop using our services and send an email to khfw@wywk.cn. If you decided to accept this Agreement without phone call or email to Shanghai Wanyoo Information Technology Co., Ltd., the Parties shall acknowledge that Shanghai Wanyoo Information Technology Co., Ltd. has fulfilled the statutory duty of interpreting relevant terms pursuant to user’s requirement, and that Shanghai Wanyoo Information Technology Co., Ltd. has given sufficient time and full option to user to decide whether to enter into this Agreement.

Whereas, Shanghai Wanyoo Information Technology Co., Ltd. has clarified the said terms and fulfilled the obligations as drafter of standard terms, the click of ‘Agree’ or your move toward the next step will and shall be considered that you have entirely noticed and accepted all terms of this Agreement, especially the legitimacy and effectiveness of those terms requiring user’s attention, and you shall not claim or request a court or any other third party to declare illegitimacy or ineffectiveness of such terms on the ground that Shanghai Wanyoo Information Technology Co., Ltd. hasn’t drawn your attention to standard terms in a reasonable way, or that Shanghai Wanyoo Information Technology Co., Ltd. hasn’t fulfilled the duty of interpretation according to your requirement.

XI. Governing law and jurisdiction

The validity, interpretation, alteration, execution and dispute resolution of this Agreement shall be governed by the laws of the People’s Republic of China. Any dispute arising out of this Agreement shall be resolved pursuant to the laws of the People’s Republic of China, and submitted to jurisdiction of the people’s court where the defendant locates.

 

 

 


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May 11, 2017