1. Application and Acceptance of the Terms

1.1 Your access to and use of the Sites and Commercin.com’s services, software, and products through the Sites (collectively referred to as “Services”) is governed by these Terms, our Privacy Policy (as outlined in section 3.3), and any other rules and policies of the Sites published by Commercin.com from time to time. By accessing or using the Sites and Services, you agree to be bound by these Terms. If you do not accept all of the Terms, do not access or use the Services or Sites.

1.2 You may not access or use the Services or the Sites if (a) you are not of legal age (under 18 years old in the European Union or the European Economic Area (EEA)), (b) you are prohibited by law from receiving the Services in your country or region, or (c) you do not intend to use the Sites in a business capacity. The Sites and Services are not intended for consumer use.

1.3 Commercin.com may amend these Terms at any time by posting the updated Terms on the Sites. You will be notified of any significant changes through notices posted on the Sites. By continuing to access or use the Services or the Sites, you accept the updated Terms.

1.4 If a translation of these Terms is provided, it is for convenience only. The English language version will govern your use of the Services or the Sites.

1.5 You may need to enter into separate agreements with Commercin.com or its affiliates for specific Services or features. In the event of a conflict between the Terms and any such Additional Agreement, the Additional Agreement will take precedence for the Service it pertains to.

1.6 The Terms may only be modified in writing by an authorized officer of Commercin.com.

2. Provision of Services

2.1 If you are a registered member of any of the Sites, and you are located in a country or region outside of mainland …….., you will be contracting with Commercin.com’s applicable regional entity. Some Services may be provided through affiliates of Commercin.com.

2.2 Registration may be required to access certain Services, and Commercin.com reserves the right to restrict access to Services based on user membership status or other criteria.

2.3 Availability of Services and features may vary by region or country, and Commercin.com reserves the right to limit, deny, or adjust access to Services or features at its discretion.

2.4 Commercin.com may modify, suspend, or terminate any Service or feature at any time without prior notice, although changes will not substantially disrupt paying users’ access to paid services.

2.5 Some Services may be provided through Commercin.com’s affiliates.

3. Users Generally

3.1 You agree to comply with all applicable laws and regulations when using the Sites and Services.

3.2 You agree not to copy, reproduce, or distribute any content from the Sites for any commercial purpose or for competing with Commercin.com, and to refrain from using the Sites for unauthorized business activities.

3.3 For information on how Commercin.com collects and protects your personal data, refer to our Privacy Policy.

3.4 The Sites may include links to third-party websites. Commercin.com is not responsible for the content or services provided by these external sites.

3.5 You agree not to attempt to compromise the integrity of the Sites or disrupt the network or security of the Services.

3.6 Actions such as submitting false feedback or engaging in manipulative behavior related to the feedback system are prohibited.

3.7 By posting or providing any content, materials, or information (collectively referred to as “User Content”) on the Sites, you grant Commercin.com a perpetual, royalty-free, worldwide license to use, distribute, and modify that content as needed for the operation of the Sites, Services, and related promotional efforts. You affirm that you have the necessary rights to grant this license and that your content does not infringe on any third-party rights.

4. Member Accounts

4.1 To access certain Services, users must register on the Sites. Users may only have one account unless authorized by Commercin.com. Duplicate accounts may be terminated.

4.2 Upon registration, users will receive a member ID and password, and may have access to a web-based email account with limited storage.

4.3 Members are responsible for maintaining the confidentiality of their account details, including their ID and password, and are responsible for all activities under their account.

4.4 Any actions taken under a member’s account will be considered authorized by the member, including posts, transactions, and communications.

4.5 Sharing accounts or allowing unauthorized use of an account may cause harm to Commercin.com or other users. Members are responsible for any resulting losses or damages and may face account suspension or termination for such breaches.

5. Member’s Responsibilities

5.1 Each Member represents, warrants, and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) your access and use of the Sites and Services will be for business purposes only; and (c) for Members who are business entities, the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
5.2 Member will be required to provide information or material about your entity, business, or products/services as part of the registration process on the Sites for your access to and use of any Service or the member account. Each Member represents, warrants, and agrees that (a) such information and material, whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service, is true, accurate, current, and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current, and complete.
5.3 Upon becoming a Member, you consent to the inclusion of the contact information about you in our database and authorize Commercin.com and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.
5.4 Each Member represents, warrants, and agrees that the User Content that you submit, post, or display shall: (a) be true, accurate, complete, and lawful; (b) not be false, misleading, or deceptive; (c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit, or harmful to minors; (d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (e) not violate the Product Listing Policy, other Terms, or any applicable Additional Agreements; (f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, price gouging, or false advertising) or promote any activities that may violate any applicable laws and regulations; (g) not contain any link directly or indirectly to any other websites which includes any content that may violate the Terms.
5.5 Each Member further represents, warrants, and agrees that you shall/are: (a) carry on your activities on the Sites in compliance with any applicable laws and regulations; (b) conduct your business transactions with other users of the Sites in good faith; (c) carry on your activities in accordance with the Terms and any applicable Additional Agreements; (d) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards); (e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; (f) not engage in spamming or phishing; (g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc) or encourage or abet any unlawful activities; (h) not involve attempts to copy, reproduce, exploit or expropriate Commercin.com’s various proprietary directories, databases, and listings; (i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting, or expropriating any software or hardware system, data, or personal information; (j) not involve any scheme to undermine the integrity of the data, systems, or networks used by Commercin.com and/or any user of the Sites or gain unauthorized access to such data, systems, or networks; (k) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and (l) not engage in any activities that would otherwise create any liability for Commercin.com or our affiliates.
5.6 Member may not use the Sites, Services, or member account to engage in activities which are identical or similar to Commercin.com’s e-commerce marketplace business.
5.7 If Member provides a business referee, Member represents, warrants, and agrees that you have obtained all necessary consents, approvals, and waivers from such referee to (a) act as your business referee; (b) post and publish their contact details and information, reference letters, and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
5.8 Member agrees to provide all necessary information, materials, and approval, and render all reasonable assistance and cooperation necessary for Commercin.com’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Commercin.com shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension, or termination.
5.9 Member acknowledges and agrees that Commercin.com reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or information (including User Content) created, obtained or accessible through the Services or Sites. Commercin.com does not endorse, verify, or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed, or otherwise made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
5.10 Member acknowledges and agrees that the Sites and Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
5.11 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.
5.12 Member acknowledges and agrees that the products or services provided by the Member comply with all relevant laws and regulations, including but not limited to, import/export laws, product safety standards, and any regulations specific to the Member’s jurisdiction.

5.13 Each Member represents, warrants, and agrees that:
(a) You and your affiliates shall comply with applicable laws and regulations in conducting your respective business (including without limitation applicable laws and regulations with respect to product safety, intellectual property rights, data privacy, consumer protection, product or regulatory certification, import and export control, unfair competition, price gouging, false advertising, labor, environment, health and safety, anti-bribery and anti-money laundering);
(b) You and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted or proposed to be enacted by any country, international organization or jurisdiction (“Relevant Subjects”);
(c) You and your affiliates are not offering products or services that would likely trigger any international trade restrictions, sanctions or other legal restrictions by any Relevant Subjects;
(d) Neither you, nor any of your parent companies or affiliates, directly or indirectly, deal with, or provide any funds, goods or services to Relevant Subjects;
(e) You will at all times comply with all applicable export control and sanctions laws and regulations with regard to products, services, software, and technologies in using the Services, including sanctions resolutions, laws and regulations enacted and enforced by the UN Security Council, the People’s Republic of China, the United States of America, and any other country;
(f) If you and your affiliates are a Seller of products which require a warning under California Health & Safety Code Section 25249.6 (a “Proposition 65 Warning”), you (i) will promptly display a Proposition 65 Warning on the product detail page as required under the relevant law; (ii) authorize Commercin.com to display a Proposition 65 Warning on your behalf; and (iii) will only revise or remove a Proposition 65 Warning for a product when the prior warning needs to be modified or is no longer legally required, as the case may be;
(g) You and your affiliates are responsible for your products’ compliance with the laws and regulations of the local country/region, the country/region of destination, and other applicable international conventions, including but not limited to labor laws and standards, such as the Forced Labour Convention, 1930 and the Abolition of Forced Labour Convention, 1957. If a product is not permitted to be possessed, sold, purchased, exported, imported, or manufactured in one or more country/regions, Commercin.com reserves the right to remove the listing of such product from, OR STOP THE SALE OF ANY SUCH PRODUCT IN, those country/regions.
(h) You certify and commit that the products and services that you offer to the Users in the EU comply with the applicable rules of EU law.

6. Breaches by Members

6.1 Commercin.com reserves the right in our sole discretion to remove, modify, or reject any User Content (in whole or in part) that you submit to, post, or display on the Sites which we reasonably believe (i) violates any applicable laws and regulations, (ii) violates the Terms hereunder, (iii) could subject Commercin.com or our affiliates to liability, (iv) infringes any Third Party Rights, (v) could harm the interests of our Members, third party or Commercin.com or our affiliates, or (vi) is otherwise found inappropriate in Commercin.com’s sole discretion.
6.2 If any Member breaches any Terms, or if Commercin.com has reasonable grounds to believe that a Member is in breach of any Terms, Commercin.com shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by Commercin.com in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending, or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted, or displayed, or imposing restrictions on the number of product listings or User Content that the Member may submit, post, or display; and/or (iv) imposing other actions or penalties including fines or penalties as deemed necessary to protect the interests of Commercin.com.

6.3 In the event of a breach of the Terms, Commercin.com may, in its sole discretion, take any of the following actions:
(a) Suspend or terminate the member account;
(b) Remove any User Content associated with the Member from the Site;
(c) Impose penalties, including fines or other consequences as per the applicable policies and Terms.

7. Transactions Between Buyers and Sellers

7.1 Through the Sites, Commercin provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. Commercin additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage, and fulfill orders for the provision of products and services online within the Sites subject to the terms of the Transaction Services Agreement. However, for any Services, Commercin does not represent either the seller or the buyer in specific transactions. Commercin does not control and is not liable or responsible for the quality, safety, lawfulness, or availability of the products or services offered for sale on the Sites, the ability of the sellers to complete a sale, or the ability of buyers to complete a purchase.

7.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Commercin uses several techniques to verify the accuracy of certain information our paying Users provide when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, Commercin cannot and does not confirm each User’s purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.

7.3 Buyers and sellers accessing or using the Sites or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the Sites or Services. Buyers and sellers accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Sites. Examples of such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale, and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Sites or Services. All of the foregoing risks are referred to as “Transaction Risks”. Commercin is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.

7.4 Buyers and sellers on the Sites are solely responsible for setting out and performing the terms and conditions of the transactions conducted on, through, or as a result of the use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation, and storage, subject to any additional obligations imposed under the Transaction Services Agreement (and in particular, clause 3.2).

7.5 Users agree to provide all information and materials as may be reasonably required by Commercin in connection with transactions conducted on, through, or as a result of the use of the Sites or Services. Commercin has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.

7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Commercin (and our agents, affiliates, directors, officers, and employees) from all claims, demands, actions, proceedings, costs, expenses, and damages (including without limitation any actual, special, incidental, or consequential damages) arising out of or in connection with such dispute or the transaction.

7.7 The sellers declare, and the buyers acknowledge, that all the contents the sellers provide contain commercial communications.

8. Limitation of Liability

8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY COMMERCIN ON OR THROUGH THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND COMMERCIN HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMERCIN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; COMMERCIN DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND COMMERCIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.

8.3 Any material downloaded or otherwise obtained through the Sites or Services is done at each User’s sole discretion and risk and each User is solely responsible for any damage to its own or to Commercin’s computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Commercin or through or from the Sites shall create any warranty not expressly stated herein.

8.4 The Sites may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Commercin or our affiliates be held liable for any such services or products.

8.5 Each User hereby agrees to indemnify and hold Commercin, our affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s access to or use of the Sites or Services (including but not limited to the submission, posting or display of such User’s information and User Content on the Sites, Commercin Channels or Third Party Channels under Promotion Services) or from your breach of any of the representations, warranties hereunder and the terms and conditions of the Terms. Each User hereby further agrees to indemnify and hold Commercin, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to Commercin, including but not limited to those set forth in clause 5 hereunder.

8.6 Each User hereby further agrees to indemnify and save Commercin, our affiliates, directors, officers, and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to the User Content, information and/or products offered or displayed on the Sites. Each User hereby further agrees that Commercin is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Commercin reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Commercin in asserting any available defenses.

8.7 Commercin shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: a) the use or the inability to use the Sites or Services; b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites or Services; c) violation of Third Party Rights or claims or demands that User’s manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; d) unauthorized access by third parties to data or private information of any User; e) statements or conduct of any User of the Sites or Services; or; f) any matters relating to the Sites or Services, however arising, including negligence.

8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Commercin, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Sites, Services or content shall not exceed the fees received by Commercin from that User for use of the relevant Services.

8.9 The limitations and exclusions of liability apply to the maximum extent permitted by law, regardless of whether Commercin.com has been advised of the possibility of such losses.

9. Force Majeure

9.1 Commercin.com shall not be liable for or required to pay compensation of any nature whatsoever for any loss arising from the unavailability, inconvenience, or failures of the services or systems due to the following reasons:
(i) system shut-down for maintenance;
(ii) inability to transmit data due to failures in communications terminals or telecommunications equipment;
(iii) systems failure and inability to perform its functions due to force majeure events including but not limited to typhoons, earthquakes, tsunamis, floods, power failure, fires, storms, war, political unrest, labour strikes, shortage of labor or materials, riots, insurrections, civil disturbances, terrorist attacks, explosions, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties; or
(iv) suspension or delay of services or systems failure due to reasons beyond the reasonable control of Commercin.com such as hacker or cyberattacks, technical adjustments or failure of the telecommunications department, website upgrades, third-party problems, or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.

10. Intellectual Property Rights
10.1 Commercin.com is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership, and intellectual property rights in the Sites and Site Content shall remain with Commercin.com, our affiliates, or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Commercin.com are hereby reserved.
10.2 “COMMERCI.COM”, “COMMERCI.COM” and related icons and logos are registered trademarks or trademarks or service marks of Commercin Group Holding Limited, and “GOLD SUPPLIER”, “TRUSTPASS” and related icons and logos are registered trademarks or trademarks or service marks of Commercin.com Limited and its affiliates, in various jurisdictions and are protected under applicable copyright, trademark, and other proprietary rights laws. The unauthorized copying, modification, use, or publication of these marks is strictly prohibited.
10.3 Commercin.com may have independent third parties involved in the provision of the Commercin.com Sites or Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark, or logo of such independent third parties without prior written approval from such parties.
10.4 To the largest extent permissible under applicable law, all rights, title, and interest to all derivative work created by Commercin.com and/or its affiliates using User Content pursuant to the Terms shall belong to Commercin.com, which may be freely assignable, licensable, or grantable by Commercin.com to any third party or its affiliates.

11. Notices
11.1 Legal Notices
11.1.1 All legal notices or demands to or upon Commercin.com shall be made in writing and sent to Commercin.com personally, by courier or certified mail to the following entity and address: Commercin.com Hong Kong Limited/Commercin.com Singapore E-Commerce Private Limited/Hangzhou Commercin Advertising Co. Ltd (as the case may be), 26/F Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, Attn: Legal Department. The notices shall be effective when they are received by Commercin.com in the above-mentioned manner.
11.1.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Commercin.com, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
a) Commercin.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) immediately upon Commercin.com posting such notice on an area of the Sites that is publicly accessible without charge.
11.1.3 You agree that all agreements, notices, demands, disclosures, and other communications that Commercin.com sends to you electronically will satisfy any legal requirement that such communication should be in writing.
11.1.4 The content posted by Users on Commercin.com is monitored through both automated systems and manual review. Illegal content will be removed from the Sites.
11.1.5 We reserve the right to suspend Services to any User who violates the rules of Commercin.com available at our “Rules Center”. The decision to suspend Services will consider several factors, including but not limited to:
(i) the number of items of manifestly illegal content or the number of notifications or unfounded complaints, submitted within a specific timeframe;
(ii) the relative proportion of these items or notifications in relation to the total number of items of information provided or notifications submitted within the same timeframe;
(iii) the severity of the misuse, which includes the nature of the illegal content and the consequences of such misuse; and
(iv) the apparent intent of the User, where sufficiently eviden

11.2 Notices of illicit content of EU and EEA Users

11.2.1. Notice mechanism. You may notify us of specific pieces of information that you consider to be illegal content at “Report abuse” through the product listing page or by contacting our customer service through “Help Center”. Your notice should include the following:
(a) a sufficiently substantiated explanation of the reasons why you allege the information in question to be illegal content;
(b) a clear indication of the exact electronic location of that information (such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content);
(c) your name and email address, except in the case of information considered to involve one of the offenses referred to in Articles 3 to 7 of Directive 2011/93/EU (sexual abuse and sexual exploitation of children and child pornography);
(d) a statement confirming your bona fide belief that the information and allegations contained therein are accurate and complete.

11.2.2. Actions taken on notices. Where your notice contains electronic contact information, Commercin.com will send a confirmation of receipt of the notice. After reviewing your notice, Commercin.com will notify you of its decision in respect of the information to which the notice relates and provide you with information on the possibilities for redress.

11.2.3. Complaint-handling system. If you have submitted a notice, you may lodge a complaint within 6 months after you have been informed of Commercin.com’s decision following your notice. You may lodge your complaint, using the form accessible at the “Help Center”. Commercin.com will inform you of its decision in respect of the information to which the complaint related and of the possibility of out-of-court dispute settlement or other redress mechanisms. YOU ARE INFORMED THAT IF YOU FREQUENTLY SUBMIT NOTICES OR COMPLAINTS THAT ARE MANIFESTLY UNFOUNDED, COMMERCI.COM MAY SUSPEND, AFTER ISSUING A PRIOR WARNING, THE PROCESSING OF YOUR NOTICES AND COMPLAINTS. For example, when the User has abused the “Report” button by repeatedly reporting the same content(s), submitting large numbers of reports that do not violate our policies, using multiple accounts or technical means to attempt to bypass reporting rate limits.

11.2.4. Certified out-of-court dispute settlement. Where you have submitted a notice or lodged a complaint, you may select any certified out-of-court dispute settlement body in order to resolve disputes relating to Commercin.com decisions following a notice or a complaint. In such case, you and Commercin.com will engage, in good faith, with the selected certified out-of-court dispute settlement body with a view to resolving the dispute.

12. General Provisions
12.1 Subject to any Additional Agreements, the Terms constitute the complete and entire agreement between you and Commercin.com regarding the use of the Sites and Services, superseding any prior written or oral agreements concerning the same subject matter herein.
12.2 Commercin.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted, and the remaining provisions shall remain valid and be enforced.
12.4 The headings in these Terms are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of the clauses they reference.
12.5 Commercin.com’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right, nor a waiver of Commercin.com’s right to act with respect to subsequent or similar breaches.
12.6 Commercin.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, obligations, and duties under the Terms) to any person or entity (including any affiliates of Commercin.com). You may not assign, in whole or in part, the Terms to any person or entity.
12.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE REPUBLIC OF ……….. if you contract with Commercin.com in accordance with paragraph 2.1, and the parties to this Agreement hereby submit to the exclusive jurisdiction of the appropriate courts in 12.8 If you have any comments, feedback, or concerns regarding the Services we provide, you may contact our customer service support line through this link with any such inquiries or questions.