Terms of Service

Welcome to the HuoAnan platform (hereinafter the “Platform”), operated by OnlyInCN LIMITED (hereinafter the “Company”). To protect your legal rights and clarify obligations, please read and understand these Terms of Service (hereinafter the “Terms”) carefully before using the Platform. By accessing, registering, or using the Platform, you are deemed to have read, understood, and agreed to be bound by these Terms.

1. Definitions and Parties

  • Company: Refers to OnlyInCN LIMITED (a Hong Kong company), the operator of the Platform.
  • Affiliated Company: Refers to Shenzhen Chuhai Zhijia Network Technology Co., Ltd., which provides technical support and customer service in mainland China.
  • Platform: Refers to the online system of HuoAnan for facilitating excess inventory transactions in the United States and other regions, including the website, client applications, and related interfaces.
  • User/You: Refers to enterprise users or sole proprietors registered on the Platform and approved through verification (including both “Sellers” and “Buyers”). The Platform is not available to individual consumers.
  • Escrow Order: Refers to a transaction where the Buyer’s payment is transferred to a designated bank account of OnlyInCN LIMITED, and the funds are settled to the Seller once the transaction is completed.
  • Service Fee: Refers to the fee charged by the Platform for services including matchmaking, escrow, customer support, and risk control. The amount is subject to the order confirmation or Platform announcement.
Role Statement: The Platform functions as an information facilitator and escrow settlement party by receiving Buyer funds and transferring them to the Seller once conditions are met. The Platform is not a bank or a licensed financial institution.

2. Governing Law and Dispute Resolution

  • Governing Law: These Terms are governed by the laws of the Hong Kong Special Administrative Region, without prejudice to any mandatory consumer protection rights applicable in the User’s jurisdiction.
  • Dispute Resolution: Any dispute shall first be resolved through friendly negotiation. If unresolved, it shall be submitted to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in Hong Kong, conducted in Chinese or English. The arbitral award shall be final and binding.
  • Emergency Relief: Either party may seek interim or emergency relief from a court of competent jurisdiction if necessary.
  • Force Majeure: The Company shall not be deemed in breach for delays or failures caused by force majeure, including but not limited to natural disasters, war, government actions, epidemics, or major network/power outages, provided timely notice and evidence are given.

3. User Eligibility and Compliance Obligations

  • Eligibility: Users must be legally registered enterprises or sole proprietors and complete real-name verification.
  • Compliance Responsibilities:
    • Sellers are responsible for export compliance (licenses, labeling, certifications, permits).
    • Buyers are responsible for import compliance (customs clearance, market access standards, duties and taxes).
  • Prohibited Conduct: Including but not limited to: bypassing the Platform to transact privately, publishing false or infringing content, creating fake transactions, mass data scraping, malicious complaints, or fake reviews.
  • KYC/AML: The Platform may require identity documents, corporate information, or transaction flow data to meet anti-money laundering and sanctions compliance requirements.
  • Account Security: Users are solely responsible for maintaining the confidentiality of their accounts.

4. Product Listing and Transaction Rules

  • Seller Obligations: Sellers must ensure that all submitted information (credentials, product name, specifications, stock, price, images, etc.) is truthful, lawful, and complete.
  • Prohibited and Restricted Items:
    • Prohibited: Counterfeit or infringing goods, narcotics, firearms, hazardous materials, wildlife products, obscene or illegal publications.
    • Restricted: Food, cosmetics, medical devices, batteries, children’s products, etc., which require valid licenses or approvals.
  • Review and Takedown: The Platform generally reviews listings within 72 hours, but such review does not constitute a guarantee. The Platform may remove, block, or suspend accounts/products if violations are suspected, with notice provided where legally permissible.
  • Risk Reminder: The Platform does not guarantee product quality or after-sales service. Buyers and Sellers must agree on return, refund, and after-sales terms before placing an order.

5. Escrow Transactions and Settlement

  • Order and Payment: Once an order is confirmed, the Buyer shall transfer the order amount (product price + service fee) to the Company’s designated bank account.
  • Fund Holding: Buyer funds are safeguarded in the Company’s account solely for fulfilling the transaction. Funds will not be misused and shall not accrue interest.
  • Shipment and Proof: The Seller must ship the goods as agreed and upload valid logistics documentation.
  • Acceptance and Settlement:
    • The Buyer must confirm receipt within the agreed acceptance period.
    • If no action is taken, the system may automatically confirm.
    • The Platform will then release payment to the Seller after deducting the service fee.
  • Refunds and Cancellations:
    • Before shipment, the Buyer may cancel the order and request a refund.
    • After shipment, disputes must be filed within the acceptance period; in case of Seller breach, the Platform may directly refund the Buyer.
  • Settlement Time: Cross-border clearance or banking processes may cause delays, and the Platform will use reasonable efforts to complete settlement promptly.

6. Dispute Resolution Mechanism

  • Submission of Claims: Buyers must file a claim within 2 days of receipt, through the Platform or via email (support@huoanan.com), providing evidence such as photos, videos, or delivery receipts.
  • Platform Mediation: The Platform will review within 3 business days and mediate within 7 business days. Funds remain frozen during mediation.
  • Escalation: If unresolved within 15 business days, either party may initiate arbitration under Section 2.
  • Special Cases: For disputes involving infringement or major safety risks, the Platform may freeze funds, delist products, and hold the responsible party liable.

7. Liability Limitation and Indemnification

  • Statutory Liability: The Platform does not disclaim liability for personal injury or major property damage caused by its willful misconduct or gross negligence.
  • Limitation of Liability: To the extent permitted by law, the Platform shall not be liable for indirect, incidental, or consequential damages. The total liability is limited to the lower of:
    • The service fee for the disputed order, or
    • The total service fees actually paid by the User to the Platform in the 12 months preceding the dispute.
  • User Indemnification: Users shall fully indemnify the Platform and its affiliates against any losses (including reasonable legal fees) caused by the User’s violation of laws, these Terms, or third-party rights.

8. Intellectual Property and Data

  • Platform Content: The Platform’s interface, text, system design, and other content are protected by intellectual property laws and may not be copied or commercially used without written authorization.
  • User Authorization: By publishing product information, images, or reviews, Users grant the Company a global, non-exclusive, royalty-free license to use such content for Platform display, promotion, and risk control.
  • Data and Privacy: The Platform collects and processes User information in accordance with its Privacy Policy, for purposes including identity verification, transaction facilitation, customer service, and compliance. Data will not be disclosed to unrelated third parties unless required by law.

9. Updates and Termination

  • Updates: These Terms may be updated from time to time and published on the Platform. Continued use of the Platform constitutes acceptance of the latest version.
  • Suspension or Termination: The Platform may immediately suspend or terminate services if illegal, infringing, or abnormal fund activities are detected.
  • Survival: Provisions on intellectual property, liability limitation, indemnification, and dispute resolution shall survive termination.

10. Miscellaneous

  • Notices: The Platform may send notices via in-site messages, emails, or the User’s registered contact details. Notices are deemed delivered upon dispatch.
  • Assignment: The Platform may assign its rights and obligations under these Terms as part of a reasonable business arrangement, with notification to Users.
  • Interpretation: The final interpretation of these Terms rests with OnlyInCN LIMITED (including its affiliates).
  • Language: These Terms are drafted in Chinese. In case of discrepancies between versions, the Chinese version shall prevail.
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