1. Acceptance of Terms
These Terms of Service (the Terms) constitute a legally binding agreement between you (whether personally or on behalf of the entity you represent) and Kunming Zhongyanxi Trading Co., Ltd., a company registered at Room 1507, 15/F, Bangke Building, 395 Qingnian Road, Wuhua District, Kunming - 650000, China (CN), operating the website located at https://www.zhongyanxi.autos (the Site).
By accessing, browsing, or using the Site in any manner, including but not limited to viewing content, submitting inquiries through contact forms, sending email communications, or engaging our professional services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to every provision contained in these Terms, you must immediately discontinue all use of the Site and our services.
These Terms apply to all visitors, users, clients, and any other persons who access or use the Site. Additional terms and conditions, such as project-specific engagement letters, statements of work, or service level agreements, may apply to specific services we provide and will be communicated to you separately.
We reserve the right to refuse service to anyone for any reason at any time, in our sole discretion, without liability, subject to applicable law.
2. Definitions and Interpretation
For the purpose of these Terms, the following words and phrases shall have the meanings set out below, unless the context requires otherwise. The singular includes the plural and vice versa, and words importing any gender include all genders.
Company, we, us, or our refers to Kunming Zhongyanxi Trading Co., Ltd., including its officers, directors, employees, agents, affiliates, successors, and assigns.
User, you, or your refers to any individual or entity that accesses or uses the Site, submits information through the Site, or engages in any communication or transaction with the Company.
Services means all products, services, content, features, technologies, and functionalities offered by the Company through the Site or through direct engagement, including but not limited to computer systems design, technology consulting, software development, cloud infrastructure planning, cybersecurity assessment, data analytics, and technology training services as described on the Site.
Content means all text, graphics, images, logos, icons, user interfaces, visual interfaces, photographs, trademarks, audio, video, software, data compilations, page layout, underlying code, and any other materials displayed on or made available through the Site.
Intellectual Property Rights means all current and future rights in and to inventions, patents, copyrights, trademarks, service marks, trade names, domain names, trade secrets, know-how, designs, database rights, and all other intellectual property and proprietary rights, whether registered or unregistered, existing anywhere in the world.
3. Description of Services
Kunming Zhongyanxi Trading Co., Ltd. provides professional services in the field of Computer Systems Design and Related Services, which falls under the Professional, Scientific, and Technical Services sector. Our service offerings include, but are not limited to, the following categories.
3.1 Computer Systems Design
We design, plan, and implement integrated computer systems that combine hardware, software, networking, and cloud infrastructure components into cohesive operational environments. Our systems design services encompass requirements analysis, architectural blueprinting, vendor evaluation, integration planning, and deployment oversight.
3.2 Technology Consulting
Our consulting services provide strategic guidance on technology selection, digital transformation roadmaps, IT governance frameworks, and technology risk management. We help organizations align their technology investments with business objectives and regulatory requirements.
3.3 Custom Software Development
We develop bespoke software applications tailored to specific business needs, including enterprise resource management tools, workflow automation systems, data processing pipelines, and customer-facing web and mobile applications.
3.4 Related Professional Services
Our related services include cybersecurity assessment and planning, cloud migration strategy and execution, data architecture design, business intelligence implementation, technology training programs, and ongoing technical support and maintenance.
The scope, deliverables, timeline, and fees for any specific engagement will be detailed in a separate written agreement, proposal, or statement of work executed by both parties. The general descriptions on the Site are for informational purposes only and do not constitute a binding offer to provide services.
4. Eligibility and Account Responsibilities
By using the Site, you represent and warrant that you are at least eighteen years of age and have the legal capacity to enter into these Terms and to form a binding contract under applicable law. If you are using the Site on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
If we provide you with access credentials or if you create an account on any of our systems in the course of an engagement, you are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to comply with these security obligations.
You agree to provide accurate, current, and complete information when communicating with us or when submitting information through the Site, and to update such information promptly if it changes. We reserve the right to suspend or terminate access to our services if we suspect that any information you have provided is inaccurate, fraudulent, outdated, or incomplete.
5. Intellectual Property Rights
All Content on the Site, including but not limited to text, graphics, user interfaces, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software code, and the design, selection, and arrangement thereof, is owned by or licensed to Kunming Zhongyanxi Trading Co., Ltd. and is protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws of China and international conventions.
5.1 Site Content
The Company name, the ZhongYanXi name, the zhongyanxi.autos domain name, our logos, and all related names, marks, and design elements are trademarks or registered trademarks of the Company. You may not use any of these marks without our prior written consent. All other trademarks, service marks, and trade names appearing on the Site are the property of their respective owners.
5.2 Limited License
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable, limited license to access and view the Site and its Content solely for your personal, non-commercial use or for the purpose of evaluating and engaging our services. This license does not grant you any right to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Content except as expressly permitted.
5.3 Project Deliverables
Unless otherwise agreed in writing, upon full payment for services rendered, the Company grants the client a perpetual, non-exclusive license to use the deliverables created specifically for the client in the course of the engagement. The Company retains ownership of all pre-existing intellectual property, tools, methodologies, frameworks, and know-how used in creating the deliverables, as well as the right to reuse general knowledge, skills, and experience acquired during the engagement.
6. User-Submitted Content
Certain features of the Site may allow you to submit, upload, or transmit information, data, messages, or other materials to us, including through contact forms, email communications, or feedback mechanisms (collectively, User Content).
By submitting User Content to us, you represent and warrant that you own or have all necessary rights, licenses, consents, and permissions to provide such content, and that the content does not infringe upon or violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights.
You retain ownership of any intellectual property rights that you hold in your User Content. By submitting User Content, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, and store your User Content solely for the purpose of evaluating your inquiry, providing our services to you, communicating with you, and maintaining business records. We do not claim ownership over your User Content, and we will not use it for marketing purposes without your consent.
We have the right, but not the obligation, to review, monitor, or remove any User Content at our sole discretion, for any reason or for no reason, including any User Content that we believe violates these Terms or applicable law.
7. Prohibited Activities
In connection with your use of the Site and our services, you agree not to engage in, attempt, encourage, or facilitate any of the following prohibited activities. This list is illustrative and not exhaustive.
- Using the Site for any illegal purpose or in violation of any applicable local, provincial, national, or international law, statute, ordinance, or regulation.
- Uploading, transmitting, or distributing any viruses, worms, Trojan horses, malware, ransomware, spyware, or other harmful, disruptive, or destructive code, files, or programs.
- Attempting to gain unauthorized access to the Site, our servers, databases, systems, or networks through hacking, password mining, vulnerability scanning, or any other unauthorized means.
- Engaging in any activity that interferes with, disrupts, impairs, or imposes an unreasonable or disproportionately large load on the Site infrastructure, including denial-of-service attacks, excessive automated queries, or resource-intensive scraping.
- Using any automated means, including robots, spiders, crawlers, scrapers, or data mining tools, to access, collect, copy, or monitor any portion of the Site or its Content without our express prior written permission.
- Misrepresenting your identity, impersonating any person or entity, falsifying contact information, or otherwise submitting deceptive or fraudulent information through the Site.
- Removing, circumventing, disabling, or otherwise interfering with any security-related features of the Site, including features that prevent or restrict the use or copying of any Content.
- Harassing, abusing, threatening, defaming, or otherwise violating the legal rights of other users, our employees, or any other persons through your use of the Site.
- Using the Site to send unsolicited commercial communications, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or solicitation.
- Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software component of the Site, except as expressly permitted by applicable law.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including reporting such violations to law enforcement authorities and cooperating fully with any resulting investigation.
8. Third-Party Links and Services
The Site may contain hyperlinks to external websites, applications, or resources that are not owned, operated, or controlled by the Company. These links are provided solely for your convenience and information. The inclusion of any link does not imply our endorsement, sponsorship, or recommendation of the linked site, its content, products, or services.
We have no control over and assume no responsibility or liability for the content, accuracy, completeness, legality, privacy policies, practices, or availability of any third-party websites or resources. Your interactions with third-party websites, including the provision of personal information and the completion of transactions, are governed by the terms and policies of those third parties, not by these Terms.
We strongly recommend that you review the terms of service and privacy policy of every third-party website you visit before sharing any personal information or engaging in any transactions. If you decide to access any third-party website linked from the Site, you do so entirely at your own risk.
9. Confidentiality Obligations
In the course of our engagement, you may disclose or we may gain access to certain confidential, proprietary, or commercially sensitive information belonging to you or your organization. The Company acknowledges its obligation to maintain the confidentiality of all such information.
9.1 Definition of Confidential Information
Confidential Information includes all non-public information disclosed by you to us, whether in writing, orally, or through any other medium, that is designated as confidential or that, given the nature of the information and the circumstances of disclosure, reasonably should be understood to be confidential. This includes, without limitation, business plans, financial data, customer lists, technical specifications, trade secrets, system architectures, source code, and other proprietary information.
9.2 Exclusions
Confidential Information does not include information that: is or becomes publicly available through no breach of these Terms by the Company; was already in the lawful possession of the Company prior to disclosure, as evidenced by written records; is independently developed by the Company without use of or reference to your Confidential Information; or is required to be disclosed by law, court order, or governmental regulation, provided that the Company gives you prompt prior notice to the extent legally permitted.
9.3 Protection Obligations
The Company agrees to use Confidential Information solely for the purpose of performing its obligations under an engagement with you, to disclose it only to employees and contractors who have a need to know and who are bound by confidentiality obligations at least as protective as those in this Section, and to protect it using the same degree of care used to protect our own confidential information, but in no event less than reasonable care.
10. Fees, Billing, and Payment Terms
The fees for our professional services, along with any applicable expenses, billing schedules, and payment terms, will be set forth in a separate written agreement, proposal, engagement letter, or statement of work executed by both parties prior to the commencement of any billable work. The general information on the Site regarding our services does not constitute a binding price quotation.
10.1 Fee Structure
Depending on the nature of the engagement, our fees may be structured as a fixed project price, an hourly or daily rate, a retainer arrangement, or another model agreed upon in advance. All fees are stated in the applicable currency specified in the engagement agreement and are exclusive of any applicable taxes, duties, or levies, which shall be the responsibility of the client unless otherwise specified.
10.2 Invoicing and Payment
Invoices will be issued according to the schedule set forth in the engagement agreement. Payment is due within the period specified on the invoice, typically thirty calendar days from the invoice date, unless otherwise agreed in writing. Late payments may be subject to interest charges as specified in the agreement, and the Company reserves the right to suspend work or terminate the engagement for non-payment after providing reasonable notice.
10.3 Expenses
Reasonable out-of-pocket expenses incurred in connection with the delivery of services, such as travel, accommodation, software licenses procured on behalf of the client, and third-party service fees, will be billed as agreed in the engagement documentation.
11. Termination and Suspension
These Terms shall remain in full force and effect while you use the Site. With respect to any specific service engagement, the term, termination rights, and consequences of termination will be governed by the applicable engagement agreement. The provisions below apply to your general use of the Site.
We reserve the right, in our sole discretion and without prior notice or liability, to suspend, restrict, or terminate your access to the Site or any portion thereof for any reason or for no reason, including without limitation if we determine that you have breached any provision of these Terms, engaged in any prohibited activity, or created risk or possible legal exposure for the Company.
Upon termination of your access, your right to use the Site will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, provisions concerning intellectual property rights, disclaimers of warranties, limitations of liability, indemnification, governing law, and dispute resolution.
12. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KUNMING ZHONGYANXI TRADING CO., LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.
Without limiting the generality of the foregoing, we make no warranty or representation that: the Site will meet your specific requirements or expectations; the Site will be available on an uninterrupted, timely, secure, or error-free basis; the quality, accuracy, completeness, or reliability of any information obtained through the Site will be satisfactory; any errors or defects in the Site will be corrected; or the Site and its servers are free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly stated in these Terms.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KUNMING ZHONGYANXI TRADING CO., LTD., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE OR OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF: THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).
THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14. Indemnification
You agree to defend, indemnify, and hold harmless Kunming Zhongyanxi Trading Co., Ltd., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses, including reasonable attorney and accounting fees, arising out of or relating to: your breach of these Terms or any agreement referenced herein; your violation of any applicable law, regulation, or third-party right, including intellectual property, privacy, or publicity rights; your use of or access to the Site; any User Content you submit; or your negligent, reckless, or intentionally wrongful conduct.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not settle any claim covered by this indemnification obligation without our prior written consent unless the settlement includes a complete and unconditional release of the Company from all liability.
15. Force Majeure
The Company shall not be held liable for any failure or delay in the performance of its obligations under these Terms or any engagement agreement, if and to the extent that such failure or delay is caused by events, circumstances, or causes beyond the reasonable control of the Company, including but not limited to acts of God, natural disasters, floods, fires, earthquakes, epidemics, pandemics, public health emergencies, war, terrorism, civil unrest, riots, labor strikes or lockouts, changes in laws or regulations, government actions or orders, internet or telecommunications failures, power outages, cyber-attacks, or failures of third-party service providers.
In the event of a force majeure occurrence, the affected party shall promptly notify the other party and shall use reasonable efforts to mitigate the impact and resume performance as soon as reasonably practicable. If the force majeure event continues for a period exceeding sixty consecutive calendar days, either party may terminate the affected engagement upon written notice without liability for such termination.
16. Governing Law and Dispute Resolution
These Terms and any disputes arising out of or relating to them, including the interpretation, validity, performance, or breach thereof, shall be governed by and construed in accordance with the laws of China, without giving effect to any conflict of laws principles that would result in the application of the laws of another jurisdiction.
16.1 Negotiation and Mediation
In the event of any dispute, claim, or controversy arising from or relating to these Terms, the parties shall first attempt to resolve the matter amicably through good-faith negotiations. If the dispute cannot be resolved through direct negotiation within thirty calendar days, either party may propose mediation, to be conducted by a mutually agreed-upon mediator in Kunming, Yunnan Province, China.
16.2 Arbitration
If the dispute remains unresolved after negotiation and, if undertaken, mediation, the dispute shall be finally resolved by arbitration administered by a recognized arbitration institution in Kunming, in accordance with its arbitration rules then in effect. The arbitration tribunal shall consist of one arbitrator jointly selected by the parties, or if the parties cannot agree, appointed in accordance with the applicable arbitration rules. The arbitration proceedings shall be conducted in Chinese or English, as agreed by the parties. The arbitral award shall be final and binding on both parties.
16.3 Court Proceedings
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction in Kunming to protect its intellectual property rights or confidential information pending the resolution of the dispute through the procedures described above. The parties submit to the non-exclusive jurisdiction of the courts located in Kunming for such purposes.
17. Changes to These Terms
We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. When we make changes, we will revise the Last Updated date at the top of this page and post the updated Terms on the Site. It is your responsibility to review these Terms periodically for changes.
For material changes that significantly affect your rights or obligations, we will make reasonable efforts to provide additional notice, which may include a prominent notice on the Site or direct communication if we have your contact information. However, non-material changes and clarifications will be effective immediately upon posting.
Your continued use of the Site following the posting of any revised Terms constitutes your acceptance of those changes. If you do not agree with the revised Terms, you must stop using the Site and our services. No modification of these Terms shall be valid unless made in writing and signed by an authorized representative of the Company.
18. Contact Information
We welcome your questions, comments, and concerns regarding these Terms of Service. If you need to contact us for any reason, including reporting a violation of these Terms or seeking clarification on any provision, please use the contact information provided below. We will endeavor to respond to all legitimate inquiries within a reasonable timeframe.
Company Name: Kunming Zhongyanxi Trading Co., Ltd.
Registered Address: Room 1507, 15/F, Bangke Building, 395 Qingnian Road, Wuhua District, Kunming - 650000, China (CN)
Email: office@zhongyanxi.autos
Phone: +16816910806
Website: https://www.zhongyanxi.autos
For formal legal notices required to be delivered under these Terms, such notices must be sent by email with a confirmation of receipt and followed by a hard copy sent via registered mail to our registered address. Notices sent by email alone without subsequent hard copy delivery shall not be deemed valid for formal legal notice purposes.
18.1 General Provisions
These Terms, together with our Privacy Policy and any applicable engagement agreements, constitute the entire agreement between you and the Company regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to achieve the intended economic effect as closely as possible within the bounds of the law, or severed if modification is not possible. The remaining provisions of these Terms shall continue in full force and effect.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. The failure of the Company to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.