FINCHI Innovation Center Co., Ltd. Terms of Use
Release Date: October 14 th , 2022
Effective Date: October 21 st , 2022
FINCHI Innovation Center Co., Ltd. Terms of Use (“the Terms of Use”) is entered by and between you (“you” or “the user”) and FINCHI Innovation Center Co., Ltd. (“FinChi” or “us”) relating to your access and use of FinChi’s website https://www.finchi.cn/ (“the Website”). Please read and fully understand the terms and conditions, especially those that exclude or limit FinChi’s liability, those that restrict the rights of users, those that agree on dispute resolution and jurisdiction, etc. Restrictions, disclaimers or other terms and conditions relating to your significant rights and interests may be bolded, underlined, or otherwise brought to your attention.
Your access, browsing or other use of the Website will be deemed as your acceptance of the Terms of Use. If, you do not agree with the Terms of Use, please stop using the Website. The Terms of Use shall have legal effect between you and FinChi and shall be a binding legal document for both parties.
FinChi may amend the Terms of Use from time to time. We will notify you on the Website in a reasonable way (such as webpage announcement, email, mobile phone text message or mail). The amended Terms of Use shall be deemed to have been served to the users on the date of the announcement. The amended Terms of Use shall take effect in 7 calendar days after it is published on the Website and will replace the earlier version. If you do not agree with the amendments, you have the right to contact us for feedback before the amended Terms of Use take effect. If the feedback is accepted, we will adjust the amendments at our discretion.
If you continue to use the Website after the terms of the Terms of Use have been updated, you hereby agree to be bound by the updated Terms of Use. If you do not accept the updated Terms of Use, please do not use the Website. When you stop using the Website, you can continue to contact us for relevant matters in the manner described in Article 13 of the Terms of Use.
The Website is for adults, if you are not over 18 years old or lacking of full capability for civil conduct, please stop using the Website.
If you violate th e Terms of Use, we have the right to unilaterally terminate our s ervices provided to you at any time in accordance with th e Terms of Use without any liability for breach of the Terms of Use and we ha ve the right to hold you accountable .
If you are a user outside the region of Chinese Mainland, your entry into or performance of the Terms of Use may also be subject to the laws of your country and / or region where you reside and/or are located.
1) It may be possible, through FinChi, its affiliates or websites that we provide links to from the Website, for you to have access to certain services. Nothing on the Website forms an offer on our part to sell any services. All services set out in https://www.finchi.cn/Services.html will be subject to FinChi’s approval and subject to separate terms and conditions
2) Any actual use of this Service by any act (including but not limited to use, browsing, etc.) means that you have carefully read and accepted the Terms of Use, especially all the contents of the Terms of Use, including but not limited to personal information protection and liability limitation. When you use our services, there may be separate agreements, relevant business rules, etc., including but not limited to the body of the Terms of Use and various policies, statements, notices, alerts, tips, instructions, etc. that have been issued or may be issued in the future (hereinafter collectively referred to as “the Service Terms”). The Service Terms will be regarded as an effective supplement to the Terms of Use, an integral part of the Terms of Use, and have the same legal effect as the Terms of Use. If you do not agree with the Terms of Use or the Service Terms, we will not be able to provide you with all or part of our services. If you have any objection to any part of the Terms of Use, you shall terminate the use of our services.
3) Please note that: your use of the Website may involve the provision of relevant services that are provided by third parties. You understand and agree that if you enter into a direct contractual relationship with such third party, we shall not be liable for any disputes or risks arising between you and the third party. Please carefully read the user terms, privacy policy and other legal documents that you entered into with the third party before you accept any services provided by the third party.
4) The headings listed before each provision of the Terms of Use are intended only to assist you in understanding the subject matter of the terms and do not affect or limit the meaning or interpretation of the terms of the Terms of Use. In order to protect your own rights and interests, we recommend that you read the specific content of each term carefully.
1) You understand and agree that we have the right to provide you with commercial advertising or other commercial or non-commercial information related to the Website and the products or services of our affiliates or other partners. We may provide such advertisements or information by means including but not limited to, email subscriptions, posting in any location on the Website, pop-up alerts or otherwise, and we reserve the right to unilaterally change the manner and/or scope of providing such advertisements or information.
2) If you are not willing to receive any advertisements or messages via email, you may unsubscribe by contacting us in the manner described in Article 13 of the Terms of Use or as otherwise communicated to you in a promotion email.
3) We will push advertisements in strict accordance with the law, but you acknowledge and agree that the authenticity and reliability of the advertisement or information shall be subject to your own understanding. Unless otherwise expressly provided by law, you are solely responsible for all acts or disputes arising from the influence of advertisements or information. We shall not bear any responsibility or liability for any loss or damage resulting from such advertisements or information but will provide such assistance as required by law.
1) Users’ Rights
(1) You have the right to accept our services provided by us agreed in the Terms of Use. You may only use our services within the scope of the Terms of Use and our express authorization.
(2) You have the right to consult us on matters related to the Website, and to receive reasonable technical supports from us on the Website, provided that the foregoing consultation or support obligations shall not exceed the limits of what we can reasonably afford.
(3) You have the right to put forward opinions and suggestions related to the Website at any time to help us better provide our services to you. If you have any questions or complaints, you can contact us in the manner described in Article 13 of the Terms of Use, and we will answer you as soon as possible.
2) Users’ Obligations
(1) You agree that you will not do or assist any third party to do any of the following: (i) interfere with another user’s use or enjoyment of our sites; (ii) other than as explicitly stated herein or as posted elsewhere on our sites, reproduce, distribute, republish or re-transmit information or content which has been provided by FinChi or found on the Website without express prior written permission provided by FinChi; (iii) access the Website through an unauthorized interface, or in any unauthorized manner; (iv) take any action that imposes an unreasonable or disproportionately large traffic load on FinChi systems or infrastructure; (v) use any spider, bot, site search/retrieval application, or other device or process to access, search, download, retrieve, index or “data mine” any content or data from our sites, or in any way reproduce or circumvent the navigational structure or presentation of the content available through our sites; (vi) interfere with or disrupt the proper working or the security of our sites, or any services or activities conducted on or through our sites, including by “hacking” any portion of our sites; (vii) unlawfully intercept any data or confidential or personal information; (viii) interfere with or disrupt any network connected to the Website; and (ix) fail to comply with relevant local laws and regulations or failed to respect local ethics and customs in the course of using the Website.
(2) You are not allowed to engage in any conduct that jeopardizes the security of the computer network supporting or connected to the Website, including but not limited to: (i) use unauthorized data or entering unauthorized servers; (ii) access the Website by public computer network or any computer system without permission or through an unauthorized interface, and delete, modify or add stored information without permission; (iii) attempt to probe, scan and test the vulnerability of the Website or network or otherwise committing acts that undermine network security without permission; (iv) deface the Website or interfere with or disrupt the normal operation of the Website, or introduce any malicious programs or viruses, Trojan horse, time bomb, worm or other computer program or programming routine that may damage or interfere with the operation or performance of the Website, any content from our sites, the network hosting the Website or any system or service connected with the Website; and (v) use false or incomplete TCP / IP packet names.
(3) You are not allowed to reverse engineer, decompile, or disassemble or otherwise attempt to discover the source code and algorithms of the Website, modify, disable any feature of the software, or create derivative works without permission. You are not allowed to remove any proprietary notices or labels from the Website or the documentation, or merge other content or software with the Website.
(4) If you violate the relevant laws and regulations or the Terms of Use during your use of our services, the relevant national authorities or institutions may take legal action, impose a fine or impose other sanctions against you and request FinChi for assistance. If any damage is caused to you or others, you shall bear all responsibilities by yourself, and FinChi shall not bear any responsibility.
(5) If you violate the Terms of Use, FinChi has the right to make independent judgment and take corresponding measures, including but not limited to disconnecting links through technical means. At the same time, FinChi has the right to take measures depending on the nature of your behavior, including but not limited to suspending or terminating our services provided to you and pursuing legal liabilities.
(6) If you violate the Terms of Use or take any action w hich is unlawful, FinChi shall be entitled to suspend or terminate your access to the Website. In addition, you will be solely responsible for any losses, damages or penalties which may result and will indemnify FinChi and its related companies for any direct or indirect loss (including but not limited to loss of goodwill and indirect economic loss such as compensation, settlement funds, lawyer’s fees, and litigation fees ), damages or penalties arising from your actions.
1) You may browse the Website on a computer or equivalent device, parts thereof may be printed out, and material contained therein may be disclosed further. The use of the pages or the material contained therein for other than non-commercial purposes is prohibited without prior written permission from FinChi/Business Finland.
2) The contents and images on the Website are the property of FinChi/Business Finland or its cooperation partners and are protected under international copyright law unless otherwise stated.
3) FinChi only grants the users a personal, non-transferable, and free license (except as otherwise stated in the Terms of Use) to use our services from the Website for non-commercial purposes only.
4) All the intellectual property rights (including but not limited to copyright, trademark right, patent right, trade secret, etc.) and other interests of the content of FinChi on the Website (except the content you upload that is original to you or legally authorized by a third party), technology, software, programs, data and other information (including but not limited to words, images, pictures, photos, audio, video, charts, colors, layout design, electronic documents, computer software, etc.) and the content created, complied and generated in other manners (such as artificial intelligence) by us, shall be wholly owned by us. For intellectual property which we rely upon in the process of providing our services, the software copyrights, patents, trademarks, and other intellectual property rights are owned by us, or we have valid license from the third-party right holders for lawful use. For such intellectual property rights and interests related thereto, no transfer of rights occurs because of your use.
5) You may not in any event use, delete without authorization, cover up or alter any of FinChi’s or its affiliates’ business marks (including trademarks, Logos, graphics, and combinations thereof, and other marks, imprints, product or service names), trade names, domain names, website names or other distinctive brand features, copyright notices or other rights statements related to “FinChi”, “Team Finland” and “Business Finland” (“the Marks”). Without our prior written consent, you shall not, solely or in combination with any other means, display, use or apply for trademark registration, domain name registration or copyright registration of the Marks, nor shall you expressly or implicitly indicate to others that you have the right to display, use or otherwise dispose of the Marks, nor shall you take any other action to mislead others to believe that you are associated with the Marks. You shall be liable for the losses and damages caused to us or others by your use of the Marks in violation of the Terms of Use.
6) Third Party Services or Technology Used for the Website
The Website may use third party services or technologies, and such use has been lawfully authorized. Any disputes arising from the use of third-party services or technologies on the Website shall be resolved by the third-party. FinChi assumes no liability whatsoever. FinChi does not provide customer service supports for the third-party services or technologies. If you require support, please contact the third party directly.
If the Website uses third party services or technologies and such third party has requirements relating to such use which need to be complied with by you, you shall comply with such requirements. FinChi and the third party shall assume the liabilit y arising from any potential dispute separately within the scope permitted by law and the Term of Use.
You fully understand that the third-party licensed services or technologies used for the Website herein refer only to the third-party licensed services or technologies currently “being used” by the Website. FinChi does not guarantee that the Website will use such services or technologies in perpetuity or that no other services or technologies of the third party will be used in the future or that no same or different types of services or technologies will be used in the future.
7) Reserved Rights: All other rights not expressly authorized shall remain the property of FinChi. You may only use such other rights subject to the additional written consent of FinChi.
FinChi does not provide services for minors. You will confirm and acknowledge that you are an adult user over the age of 18. If we reasonably believe that you are a minor, which breaches the Terms of Use, we have the right to stop providing you with access to the Website.
You shall comply with the relevant local laws and regulations and respect local ethics and customs in the course of using our services. If your behavior violates local laws and regulations or moral and customary practices, you shall be responsible independently and will indemnify FinChi or its related companies for any loss or damage caused.
We reserve the right to change, suspend or terminate the operation or access to the Website, in whole or in part, at any time and for any reason without liability to you. In this event, we will comply with any obligations required by the relevant laws.
1) If the information provided by you is inauthentic, incomplete or inaccurate and causes losses to us, we have the right to require you to compensate for the losses caused to us. We reserve the right to refuse to provide our services within the scope permitted by law.
2) If you use technical means to interfere with the operation of the Website or with other users’ use of our services provided by us, we have the right to ask you to compensate us for the losses caused thereby.
3) If you maliciously slander our goodwill by making up facts, we have the right to require you to make a public apology to us, and compensate for the losses caused to us, and we have the right to terminate our services provided to you.
4) If you have other violations of relevant laws and regulations or the Terms of Use, we have the right to take measures for breach of contract (including but not limited to suspension or termination of our services provided to you) according to laws and regulations and the Terms of Use. If your behavior causes losses to us (including our own direct economic loss, loss of goodwill and indirect economic loss such as compensation, settlement funds, lawyer’s fees and litigation fees), you shall compensate us for all the above losses. If your behavior causes us to suffer the claim of a third party, we can recover all the losses from you after assuming the obligation of monetary payment to the third party.
1) You understand and agree that we will provide you with our lawful services on the basis of “as is” and “as available”, and to the best of our ability given the technology and conditions available, but that your use of the Website is at your sole risk and responsibility.
2) The operation and performance of the Website is subject to risks that cannot be foreseen and prevented at any time, including but not limited to the following reasons:
(1) Natural disasters (floods, earthquakes and storms, etc.), strikes, riots, wars, governmental acts, judicial administrative orders, infectious pandemics (e.g. COVID-19), force majeure factors;
(2) Public service factors such as power supply failure, communication network failure or third party factors;
(3) Routine or emergency information network equipment maintenance, information network connection failure, computer, communication or other system failure, large-scale network viruses, Trojan horse and hacker attacks, network information and data security, and other factors where we have exercised good faith management obligations;
(4) Adjustment, change, suspension of our services to the extent permitted by law for reasons such as our own commercial decisions, regular or maintenance for unexpected events;
(5) Improper operation by you, use of our services by means other than those authorized by us and other circumstances beyond our control or reasonably foreseeable.
We shall not be liable for any availability or performance issues caused by the above reasons or third-party factors.
3) Unless otherwise expressly stated in writing, subject to the provisions of laws and regulations, we make no express or implied representations or warranties of any kind, including but not limited to quality, stability, accuracy, timeliness, completeness, consistency, security, etc., with respect to the information, content, materials, and our services on the Website, and you should exercise caution in making such judgments. However, we promise to continuously improve our service quality and service level to provide you with our better service.
4) In no event shall we be liable for special, indirect, punitive, incidental, or consequential damages or any other damages whatsoever (including but not limited to, losses of profits, goodwill, use, data or interest, business interruption, loss of data, etc.) arising from any cause whatsoever, whether or not foreseeable and regardless of the form of action.
5) According to the requirements of laws and regulations, at our discretion, for any content that you violate or are suspected of violating the laws of China or the Terms of Use, we have the right, according to the circumstances, to delete, block or disconnect the link; stop providing our services for you; request you to compensate us and / or the above-mentioned third parties for the losses suffered; and we have the right to keep relevant information on record and report to relevant government departments in accordance with the provisions of Chinese laws and regulations.
6) Unauthorized use of this Site may give to a claim for damages and/or be a criminal offence.
7) We will obtain the right to deal with illegal and non-compliant content according to the Terms of Use, but this right does not constitute our obligation or commitment, and we cannot guarantee the timely detection of illegal acts or the corresponding treatment. In the course of customer dispute mediation, customer service officer is not professional and can only judge the credentials submitted by you with the knowledge of ordinary people. Therefore, except in the case of intentional or gross negligence, the mediator is exempt from the dispute mediation decision.
8) Any views or opinions represented in commentary articles found anywhere on the site, belong solely to the contributor, and do not represent the views of FinChi or its related companies.
9) FinChi does not warrant or represent that the use of the material displayed on the Website will not infringe the rights of third parties. Any unauthorized use of the images may violate copyright laws, trademark laws, laws on privacy and publicity, and statutes on communications.
10) Other limitations of liability as provided by national laws and regulations.
All notices given by us to you under the Terms of Use may, at our discretion, be made by means of announcements on the Website, email, mobile phone text message, etc., and such notices shall be deemed to have been served to you on the date of announcements and or date that emails or messages are sent to the contact information that you have provided to us.
1) The establishment, effectiveness, performance, interpretation, and dispute resolution of the Terms of Use shall be governed by the laws of the mainland of the People’s Republic of China.
2) In case of any dispute or dispute between you and FinChi, it shall be settled through friendly negotiation first; if the negotiation fails, you agree to refer the dispute to the People’s Court of Shanghai Pudong New Area District.
3) The headings of all terms in the Terms of Use are for convenience of reading only, and have no actual meaning, and cannot be used as the basis for interpretation of the meaning of the Terms of Use.
4) No matter whether the terms of the Terms of Use are partially invalid or unenforceable for any reason, the remaining terms shall remain valid and binding on both parties.
5) If there are multiple language versions of the Terms of Use, such as Chinese and English, and the corresponding content is inconsistent, the content of the Chinese version shall prevail.
If you have any requests, comments, or suggestions, you can contact us at ( finchi@finchi.cn ) and we will give you necessary assistance.