1. Acceptance of Terms
Welcome to LoyalJade. By accessing or using the website located at https://www.loyaljade.buzz (the Site), any associated mobile applications, and the services offered by Kunming Zhongyu Trading Co., Ltd. (collectively referred to as the Services), you (the User) agree to be bound by these Terms of Service (the Terms). If you do not agree to all the terms and conditions contained herein, you must not access or use the Site or the Services.
These Terms constitute a legally binding agreement between you and Kunming Zhongyu Trading Co., Ltd., a company registered at Room 1112, 11th Floor, Yuanjian Business Building, No. 225 Minyuan Road, Wuhua District, Kunming 650000, China (CN), operating under the brand name LoyalJade (the Company, we, us, or our).
By using the Site, you represent and warrant that you are at least 18 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 accessing the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days of notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised terms.
2. Description of Services
LoyalJade provides computer systems design, integrated systems consulting, software development, network infrastructure planning, cloud integration services, cybersecurity assessment, data architecture, and related technical advisory services (collectively, the Services). The Company operates within the Computer Systems Design and Related Services sector under the Professional, Scientific, and Technical Services industry classification.
The Services are provided on a project-by-project basis pursuant to separate written agreements, statements of work, or service contracts executed between the Company and the client. These Terms govern your use of the Site and any general interactions with the Company. Specific project deliverables, timelines, payment schedules, and technical specifications are governed by individual service agreements that incorporate these Terms by reference unless explicitly superseded in writing.
The Company reserves the right to modify, suspend, or discontinue any aspect of the Services or the Site at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. Descriptions of Services on the Site are for informational purposes only and do not constitute a binding offer.
3. Eligibility
To use the Site and the Services, you must be at least 18 years old and have the legal capacity to enter into these Terms. By using the Site, you represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you must immediately cease using the Site.
The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion. We may, in our sole discretion, limit or cancel Services on a case-by-case basis. We may also limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
The Site and Services are intended for use by individuals and organizations worldwide, subject to compliance with applicable international laws and these Terms. You are responsible for ensuring that your use of the Site and Services complies with all applicable local, state, national, and international laws and regulations.
4. User Obligations and Conduct
As a User of the Site, you agree to abide by the following obligations and standards of conduct. Your use of the Site must at all times comply with applicable laws and these Terms. Any violation of these terms may result in immediate termination of your access to the Site and Services, as well as potential legal action.
Prohibited Conduct: You agree not to use the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law. You further agree not to: (a) upload, post, or transmit any content that is defamatory, obscene, pornographic, abusive, harassing, threatening, or otherwise objectionable; (b) interfere with or disrupt the Site, its servers, or networks connected to the Site; (c) attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means; (d) use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; (e) transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature; (f) collect or harvest any personally identifiable information from the Site; (g) use the Site to send unsolicited commercial communications; or (h) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
Accountability: You are solely responsible for your conduct and any data, text, information, usernames, graphics, photos, profiles, audio and video clips, and links that you submit, post, or display on the Site. The Company takes no responsibility and assumes no liability for any content posted by you or any third party on the Site.
5. Account Registration and Security
Certain features of the Site or Services may require you to register for an account. When you create an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to accept responsibility for all activities that occur under your account.
You must notify us immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with these security obligations. We reserve the right to suspend or terminate your account at any time if we suspect that the information you have provided is inaccurate, incomplete, or if we suspect unauthorized or fraudulent activity.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. We reserve the right to refuse registration of or cancel a username at our sole discretion.
6. Intellectual Property Rights
The Site and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof, are owned by Kunming Zhongyu Trading Co., Ltd., its licensors, or other providers of such material and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The LoyalJade name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Site except as generally permitted by the Site. For custom software development and other deliverables produced under a separate service agreement, intellectual property rights shall be governed by the terms of that specific agreement.
7. Payment Terms and Billing
Payment terms for Services are established in the individual service agreement or statement of work between the Company and the client. All fees are quoted and payable in the currency specified in the applicable service agreement. The Company reserves the right to modify its fee structure for future projects at any time with prior notice.
Unless otherwise stated in the service agreement, invoices are due within 30 calendar days from the date of issuance. Late payments may incur interest charges at the rate of 1.5 percent per month or the maximum rate permitted by applicable law, whichever is lower. The client shall be responsible for all reasonable expenses, including legal fees, incurred by the Company in collecting any overdue amounts.
All fees quoted are exclusive of applicable taxes, levies, or duties. The client shall be responsible for payment of all such taxes, levies, or duties associated with the Services, excluding taxes based on the income of the Company.
8. Service Availability and Modifications
The Company strives to maintain the availability of the Site and Services but does not guarantee uninterrupted or error-free operation. There may be occasions when the Site or certain features are unavailable due to scheduled maintenance, emergency repairs, or circumstances beyond our control. We will make reasonable efforts to notify Users in advance of planned maintenance that may affect availability.
The Company reserves the right at any time and from time to time to modify, temporarily or permanently, the Site or any part thereof with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.
We may, in the future, offer new services or features through the Site. Such new features or services shall also be subject to these Terms unless separate terms are provided for those specific features or services.
9. Third Party Links and Services
The Site may contain links to third-party websites, services, or resources that are not owned or controlled by the Company. These links are provided for your convenience only. We have no control over the content, privacy policies, or practices of any third-party websites and we assume no responsibility for them.
You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.
Your dealings with any third party found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
10. Disclaimer of Warranties
THE SITE AND ALL SERVICES, CONTENT, MATERIALS, INFORMATION, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KUNMING ZHONGYU TRADING CO., LTD., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR SERVICES EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (USD $100.00) OR THE AMOUNT YOU HAVE PAID THE COMPANY IN THE TWELVE MONTHS PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Indemnification
You agree to indemnify, defend, and hold harmless Kunming Zhongyu Trading Co., Ltd., its parent, subsidiaries, affiliates, officers, directors, employees, agents, licensors, suppliers, and contractors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable legal fees, arising out of or relating to your violation of these Terms or your use of the Site, including but not limited to any use of the content, services, and products of the Site other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You shall not settle any matter without the prior written consent of the Company.
13. Termination
These Terms shall remain in full force and effect while you use the Site. The Company may terminate or suspend your access to the Site and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will cease immediately.
All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Termination of your account or these Terms will not affect any rights or obligations which accrued prior to the termination date.
If you wish to terminate your account, you may simply discontinue using the Site or notify us using the contact information provided below. Any fees paid prior to termination are non-refundable, except as otherwise provided in the applicable service agreement.
14. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the Peoples Republic of China, without regard to its conflict of law provisions.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the courts of Kunming, Yunnan Province, China, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
15. Dispute Resolution
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable resolution satisfactory to both parties.
If the parties do not reach such a resolution within a period of 60 calendar days from the date the dispute first arose, then either party may seek resolution through binding arbitration in accordance with the rules of the China International Economic and Trade Arbitration Commission (CIETAC). The arbitration shall be conducted in Kunming, Yunnan Province, China, in the English language. The arbitral award shall be final and binding upon both parties.
Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to protect its intellectual property rights, trade secrets, or other confidential information. You agree that any claim or cause of action arising out of or related to the use of the Site or these Terms must be filed within one year after such claim or cause of action arose.
16. Changes to Terms
The Company reserves the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of those changes.
We will make reasonable efforts to provide notice of material changes to these Terms, such as by posting a notice on the homepage of the Site or by sending an email to the address associated with your account. However, you agree that it is your responsibility to keep your contact information current and to review these Terms regularly for updates.
Changes addressing new functions for the Site or changes made for legal reasons may be effective immediately. Non-material changes will become effective upon posting and will not be separately announced.
17. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and the Company regarding the use of the Site and Services, superseding any prior agreements between you and the Company.
Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions of these Terms shall remain in full force and effect.
Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of the Company. The Company may assign or transfer these Terms in whole or in part without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Force Majeure: The Company shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riot, embargo, act of civil or military authorities, fire, flood, accident, strike, epidemic, pandemic, or shortages of transportation, facilities, fuel, energy, labor, or materials.
Relationship of the Parties: Nothing in these Terms shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and the Company. Neither party has the authority to create any obligation on behalf of the other party.
Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
18. Contact Information
If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact us for any reason related to your use of the Site or Services, please reach out using the information provided below. Our team is available during regular business hours and we aim to respond to all inquiries within two business days.
Company Name: Kunming Zhongyu Trading Co., Ltd.
Registered Address: Room 1112, 11th Floor, Yuanjian Business Building, No. 225 Minyuan Road, Wuhua District, Kunming 650000, China (CN)
Website: https://www.loyaljade.buzz
Email Address: care@loyaljade.buzz
Phone Number: +14482490670
For legal notices, please send correspondence to the registered address above, Attention: Legal Department. All legal notices must be sent in writing and will be deemed effective upon receipt when delivered by recognized overnight courier or certified mail.