- Updated on 03 Sep 2018
- 13 minutes to read
Before using Coohom services, please be sure to read and fully understand this Agreement, especially the terms of the exemption or restriction of the responsibility of Coohom, the terms of exclusion or restriction of user rights, and the terms of jurisdiction, etc. These terms are usually underlined and bolded to alert you.
If you have any concerns about the terms of this Agreement, please send emails to Coohom support team via email@example.com. If you disagree with any of the following terms in this Agreement, you shall stop using Coohom services, as your use will be deemed to be the approval and full acceptance of the entire content in this Agreement.
If you are under the age of 18, please read this Agreement and use Coohom service with your guardian.
- Service & Agreement Scope
1.1 Coohom provides users with services such as the online home design transaction information release, transaction service, online design tool application, rendering service, and online design education and training through Coohom platform. The specific details are subject to the services provided by Coohom by then.
1.2 Coohom hereby refers to Exacloud (HongKong) Ltd., the owner and operator of Coohom Platform; “Coohom Platform” refers to the client of website, mobile phone or computer equipment with the domain name of Coohom.com; “User” refers to a natural person, legal person or other organization that understands and accepts all the terms of this Agreement, completes the registration process of Coohom platform or uses Coohom services, has full civil capacity and full civil liability (hereinafter referred to as “you” ).
1.3 This Agreement is an agreement signed between you and Coohom regarding the use of Coohom related services and has contractual effect.
1.4 When you use a specific Coohom service, the service may have separate agreements and related business rules. The above contents will be published and demonstrated in various forms such as website announcements, notifications, messages, e-mails and Help Center documents, etc. Once officially released, such separate agreements and related business rules shall be considered an integral part of this Agreement and you shall abide by it. Your acceptance of any of the aforementioned business rules and separate agreements is deemed to be your full acceptance of this Agreement.
1.5 After you sign this Agreement, the content may be modified due to changes arising from national policies, products and the environment in which this Agreement is implemented. The revised agreement will be posted on this website. If you disagree with the revised agreement, please stop signing in and using Coohom services immediately. If you log in or continue to use Coohom services, you will be deemed to have approved the revised agreement.
- Sign Up & Real-name Authentication
2.1 You can sign in to Coohom platform through Coohom user account and the third-party website account (Facebook, Google, etc.), or you can enjoy limited functions and services such as browsing and information review as an anonymous user. No matter how you sign in, you shall abide by the terms of the platform agreements and various business rules.
2.2 In order to protect your legal rights and transaction security, we recommend registering a Coohom user account. You can register your account with your email address on the official website and mobile app. This account will record your activities when using the platform service.
2.3 At the same time, you need to be reminded that registering a Coohom user account does not mean that you can use all the services provided by Coohom platform. In order to protect the legitimate rights and interests of users and the transaction security, Coohom may require you to complete the real-name authentication and provide more identity materials and information for further identity authentication or qualification verification when you need to activate some features and services. You must provide the true, latest, valid and complete information at the request of Coohom.
- Account Security & Management
3.1 Users shall carefully keep their account information, including the account number, password, verification code and other information. The user account can only be used by the registered user and is prohibited from being transferred, traded, donated, rented or borrowed. If Coohom finds that the current user is not the initial one, we reserve the right to ban the account without any notification and not to bear the legal responsibility to the account user. The resulting losses, including but not limited to service interruption and the clearance of user data and content are borne by the user.
3.2 You reserve the right to terminate your user account. When you decide not to use the user account, you shall first confirm that there are no unexpired tasks under your user account. At the same time, you may withdraw all available funds (if any) from your user account or issue other legal payment orders, and apply to cancel your user account to Coohom after paying off all the payables (including but not limited to the principal, interest, liquidated damages, service fees, etc). After the approval of Coohom, your user account will be officially cancelled.
- Service Fee & Other Expenses
4.1 Some Coohom services will charge certain service fees. For details, please refer to the business rules and notifications involved in the specific service. Coohom may modify and change the charging standards and methods of the paid service according to actual needs, and may also charge for some free services. Before the above modification, alteration or start of charging, Coohom will publish a notice or announcement on the corresponding service page.
4.2 Users may need to pay certain third-party service fees to third parties (such as banks, third-party payment companies or third parties providing technical services) during the use of Coohom services. Please refer to related pages, notifications and charging standards of third-parties’ websites for specific charging standards.
- Law-abiding Obligations & Commitments
5.1 You undertake not to use Coohom service for any illegal purpose or in any illegal way, undertake to comply with all applicable laws and regulations of China and all international practices using the Internet, and comply with all network agreements, rules and guides related to Coohom Services.
5.2 You agree and warrant that this Service may not be used to facilitate or assist the following acts, nor may it be produced, uploaded, stored, distributed or disseminated in connection with the following acts:
Acts that violate the basic principles laid down in the Constitution;
Endangering national security, leaking state secrets, subverting state power, and undermining national unity;
Acts that undermine national honors and interests;
Inciting national hatred, ethnic discrimination, and undermining national unity;
Destroy the state's religious policies and promote cults and feudal superstitions;
Spread rumors, disrupt social order, and undermine social stability;
Spreading obscenity, pornography, gambling, violence, murder, terrorism, or abetting crimes;
Insulting, abusing the image of heroes and heroes, denying heroic deeds, beautifying the act of whitewashing the war of aggression;
Insulting or slandering others, infringing on the lawful rights and interests of others；infringing on the lawful rights and interests of others, such as intellectual property rights, trade secrets, etc.;
Fabricating the fact, concealing the truth to mislead or deceive others;
Publish, transmit, or disseminate promotional or advertising materials or spams;
Other acts prohibited by laws and regulations.
5.3 The User agrees and warrants that the use of this Service is subject to this Agreement and related business rules and controls, and may not be used to engage in, including but not limited to, the following acts, or to facilitate the following acts:
5.3.1 Conduct any damage or attempt to damage the security of the network, including but not limited to viruses, Trojans, malicious code, phishing, etc., malicious scanning of other websites and servers, illegal intrusion into the system, illegal access to data, etc.;
5.3.2 Conduct any change or attempt to change the system configuration provided by this Service or to compromise the security of the system;
5.3.3 Use technology or other methods to destroy and disrupt the operation of this Service and the use of this Service by other users;
5.3.4 Suspected money laundering, cashing or pyramid scheme activities;
5.3.5 Other acts that violate laws, regulations, as well as socialist ethics and values.
5.4 If Coohom finds that your behavior violates relevant laws, regulations or the terms of this Agreement by its own or according to the information collected by the relevant department or the complaint of the right holder, etc., Coohom may reserve the right to take one or more of the following measures based on its independent judgment:
5.4.1 Require you to replace and modify the contents immediately;
5.4.2 Directly delete and block related contents or disconnect links;
5.4.3 Restrict and suspend your use of this Service (including but not limited to the direct downline of some of your services, the recovery of related resources, and restrictions on the operation of your accounts, etc.);
5.4.4 Termination of your use of Coohom services, termination of cooperation (including but not limited to the downline of some of your services, the recovery of related resources and the cancellation of your user accounts, etc.);
5.4.5 Prosecute your legal responsibility.
5.5 When you are punished, Coohom will provide you with a complaint channel, which will be notified by email, message, SMS or your phone.
- Service Suspension & Interruption
6.1 In view of the particularity of the network service, Coohom may adjust or terminate some or all of the services at any time with justified reasons. However, Coohom will inform you as soon as possible so that you can make backups of your data and business adjustments to protect your legal rights. If the changed, discontinued or terminated network service is our free product, Coohom does not need to notify the user or assume any responsibility to any user or any third party. These justifications include the following:
6.1.1 Regular maintenance, that is, measures such as examination, maintenance, and upgrade of the service platform or related equipment on a regular or irregular basis for the provision of more complete services to users.
6.1.2 Force majeure, including but not limited to natural disasters, government actions, policy adjustments, laws and regulations’ adjustments, strikes and unrest;
6.1.3 The basic operator's fault, including but not limited to the technical adjustment of the telecommunications sector, the destruction of the telecommunications/power line by others, and the installation, modification and maintenance of the telecommunications network/power resources by the telecommunications/electricity department;
6.1.4 Network security incidents, such as computer viruses, Trojans or other malicious programs and hacking attacks;
6.1.5 The improper operations or the failures of users' computer software, systems, hardware and communication lines;
6.1.6 The non-Coohom authorized use of related services by users;
6.1.7 Other situations that are not caused by Coohom, or can not be controlled or reasonably foreseen by Coohom.
- Service Termination
7.1 If this Agreement or this Service is terminated for any reason (including but not limited to force majeure, user arrears, user violations, etc.), for all data in your Coohom user account or any data stored in Coohom server due to the use of Coohom services will be kept for six [ 6 ] months. You shall complete the migration and backup of all data in a timely manner. After the expiration of the retention period, Coohom will terminate the service and the service system will automatically delete all your data.
7.2 You understand and agree that the suspension, interruption or termination of user services and/or user accounts does not represent a termination of user responsibility and the user shall still be liable for possible breach of contract or damages during the use of Coohom Services, while the user data can still be maintained by Coohom.
- Liability Exemption
8.1 In any case, the responsibility for the use of the related services provided by the third party in the process of using Coohom services by the user shall be borne by the third party, and Coohom shall not be responsible for such responsibility.
8.2 Any loss or liability caused by the user's own reasons shall be the responsibility of the user and Coohom shall not be liable for that.
8.3 Coohom does not provide any warranty or condition, express, implied or statutory, to any user and/or any transaction. Coohom can't and does not try to control the information published by users. For such information, Coohom does not undertake any form of certification or authentication services. Coohom cannot fully guarantee the authenticity, adequacy, reliability, accuracy, completeness and validity of the content on the platform and does not assume any legal liability arising therefrom. Before making a trading decision, users shall fully understand the relevant transactions, make careful decisions based on their own trading objectives, risk tolerance and asset status, and bear all risks at their own risk.
8.4 Except as otherwise required by law, all liability of Coohom under this Agreement and related agreements is limited to direct actual losses with clear evidence. All damages and defaults based on this Agreement and related agreements, the cost that does not exceed the amount which you paid for Coohom products or services that caused your loss, and Coohom can provide equivalent services as the compensation; if the service period is more than one year, the maximum compensation will not exceed part of the service fee your paid for the Coohom service that caused your loss in the current year, and Coohom can provide equivalent services as the compensation. Coohom shall not be liable for any indirect, punitive, special or derivative losses (including loss of business, benefits, profits, data usage or other economic benefits) in connection with or arising out of this Agreement.
- Intellectual Property
10.1 The intellectual property rights, including but not limited to trademark rights, patents, copyrights and trade secrets of all contents on Coohom platform, including but not limited to projects, images, files, information, documentations, platform architecture, platform screen arrangement and web design belong to Coohom or other right holders. Without the specific written agreement of Coohom or other right holders, no one shall use, modify, reproduce, publicly display, alter, distribute or publicly publish Coohom platform programs or contents.
10.2 Without the specific written agreement of Coohom, no one shall reproduce, copy, forge, sell, resell or access Coohom website or any part thereof for any commercial purposes.
10.3 All legitimate rights and interests of any software (including but not limited to any image, photo, animation, video, audio recording, music, text, additional program and attached material) used by Coohom to provide network services belong to the copyright holders of the software. The user shall not reverse engineer, decompile, or disassemble the software without the permission of its copyright holder, or otherwise discover the original code of the software, and implement any alleged copyright infringement.
10.4 Coohom respects and protects intellectual property rights and has specifically formulated the Intellectual Property Terms as an integral part of this Agreement and has the same legal effect as this Agreement. Please be sure to carefully read and understand the relevant provisions of the Intellectual Property Terms. Where the provisions of this Agreement differ from the Intellectual Property Terms and are not expressly agreed, the contents of the Intellectual Property Terms shall prevail.
- Legal Application & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China. All disputes in connection with this Agreement or the execution thereof shall be settled through friendly negation. In case, no settlement can be reached through consultation, you agree to refer the dispute to arbitration by the Hong Kong International Arbitration Center (“HKIAC”) pursuant to the HKIAC’s arbitration rules effective at the time of application. The arbitral award shall be final and binding on the parties.