Date of Update: November 03, 2024

Effective Date: November 03, 2024

The NEWGAN.COM E-commerce Platform User Agreement** is an agreement between Shenzhen NaBaiYe Technology Co., Ltd. (hereinafter referred to as “we” or “NEWGAN.COM”) and the user (hereinafter referred to as “you”) regarding all products and/or services provided by NEWGAN.COM.

Before using our products and/or services, please carefully read and fully understand the terms of this Agreement. If you are a minor, please read this Agreement accompanied by your legal guardian, especially the important clauses highlighted in bold, underlined, or otherwise emphasized. If you disagree with this Agreement, you have the right to exit the use of our products and/or services. When you complete the registration process after filling in the required information, reading and agreeing to this Agreement, it signifies that you have fully read, understood, and accepted all the terms of this Agreement and entered into an agreement with NEWGAN.COM, becoming a “user” of NEWGAN.COM. If you disagree with any part of this Agreement, you should immediately stop the registration process.

If you have any questions, complaints, opinions, or suggestions regarding this Agreement, please communicate with us through the contact information provided in this Agreement, and we are happy to answer them.

**Important Statement**

This User Agreement Statement applies to all users who visit or use NEWGAN.COM (hereinafter referred to as “this Website”). The ownership of this Website belongs to Shenzhen NaBaiYe Technology Co., Ltd. (hereinafter referred to as “the Company”).

**Ownership Statement**

1. Ownership Declaration:

   The ownership, operation rights, and final interpretation rights of the NEWGAN.COM e-commerce platform belong to Shenzhen NaBaiYe Technology Co., Ltd. Without the written permission of the Company, no individual or organization may reproduce, reprint, link, repost, disseminate, or display the content of this Website in any form, nor use the content of this Website in any way.

**Rights and Obligations of Users**

2. Rights and Obligations of Users:

   Before using this Website, please carefully read the terms of this Agreement. Once you use this Website, it indicates that you have fully understood and accepted all the terms of this Agreement. You should abide by relevant laws and regulations and use the services of this Website correctly and legally.

**Amendment of the Agreement**

3. Amendment of the Agreement:

   The Company reserves the right to amend the terms of this Agreement at any time without prior notice to users. Once published, the amended Agreement becomes effective, and continued use of this Website constitutes acceptance of the latest version of the Agreement.

**Applicable Law and Dispute Resolution**

4. Applicable Law and Dispute Resolution:

   The interpretation and execution of this Agreement shall be governed by the laws of the People’s Republic of China. Any disputes arising from this Agreement between the user and the Company shall first be resolved through friendly negotiations; if negotiations fail, either party has the right to initiate litigation in the courts of the Company’s place of business.

**Terms and Scope of the Agreement**

5. Terms and Scope of the Agreement

5.1 This Agreement is established between you and NEWGAN.COM concerning the use of the NEWGAN.COM e-commerce platform (including but not limited to the NEWGAN.COM official website (https://www.newgan.com), the website, and any future services that may arise due to technological advancements).

5.2 The Privacy Policy of NEWGAN.COM and any announcements, public notices, or rules issued by NEWGAN.COM are considered supplementary agreements to this Agreement, indivisible from it and having equal legal effect. If you register and use the services of NEWGAN.COM, it is deemed that you agree to these supplementary agreements. In the event of inconsistencies, the most recently published content prevails.

**Service Notices**

6. Service Notices

6.1 NEWGAN.COM provides you with network services via the Internet. To use NEWGAN.COM, you must:

– Equip yourself with the necessary devices, including personal phones, tablets, modems, routers, etc.

– Bear the costs associated with telephone and network fees related to this service.

– Choose a software version compatible with your terminal device (if applicable).

6.2 Given the importance of the network services provided by this Website, you confirm and agree:

– The registration information provided is true, accurate, complete, and legally valid. Any changes to the registration information should be updated promptly.

– If the registration information is found to be illegal, untrue, inaccurate, or incomplete, you will bear the corresponding responsibility and consequences, and we reserve the right to terminate your use of the services provided by NEWGAN.COM.

6.3 We will continuously strive to improve the user experience and enrich the content of our services by developing new functionalities and services.

**Account Registration**

7. Account Registration

7.1 You acknowledge and commit that you have full civil rights and capacity; or if you lack full civil rights and capacity, you have obtained the consent of your parents or legal guardians, and they will act on your behalf in registering and using the services of NEWGAN.COM. If you do not possess the appropriate civil capacity and proceed with account registration, you and your parents or legal guardians will be held legally responsible for the consequences. If you are under 18 years old, you can only use this Website with the participation of your parents or other guardians.

7.2 You have the right to use the registration information you set or confirmed. When registering an account, you must comply with laws and regulations, socialist systems, national interests, citizens’ legitimate rights and interests, public order, social morals, and the principle of information authenticity. Your registration information must not contain illegal or undesirable content, including:

– Violating the Constitution or laws and regulations.

– Endangering national security, revealing state secrets, subverting state power, or disrupting state unity.

– Damaging the honor and interests of the state and the public interest.

– Distorting, defaming, desecrating, or denying the achievements and spirit of heroes and martyrs, insulting, slandering, or otherwise infringing upon their names, images, reputations, or honors.

– Promoting terrorism, extremism, or inciting terrorist activities or extremist activities.

– Inciting ethnic hatred or discrimination, disrupting ethnic unity.

– Disrupting state religious policies, promoting cults, or feudal superstitions.

– Spreading rumors, disrupting social order, or undermining social stability.

– Disseminating obscene, pornographic, gambling, violent, homicidal, terroristic, or crime-inducing content.

– Insulting or slandering others, infringing upon their legitimate rights and interests.

– Containing other illegal content prohibited by laws and administrative regulations.

7.3 Your account may not be transferred or sold to third parties. NEWGAN.COM reserves the right to suspend or terminate your account based on your wishes. Additionally, you must ensure that you are not subject to trade restrictions, sanctions, or other legal or regulatory restrictions imposed by any country, international organization, or region. Otherwise, you should cease using the services of NEWGAN.COM. If such a situation arises, we will notify you in advance.

7.4 If there are any changes to your personal information, you must promptly notify the Website to update it. You agree to receive emails and messages from NEWGAN.COM or its partners.

7.5 Each user is allowed to use only one NEWGAN.COM account. If evidence suggests or if NEWGAN.COM determines through technical means that you are improperly registering or using multiple accounts, NEWGAN.COM may take measures such as freezing or closing the account, canceling orders, or refusing to provide services. If this causes any loss to NEWGAN.COM or related parties, you will be held responsible for compensation. For business-related needs, we may merge multiple accounts or related information of the same user. If such a merger significantly affects your rights, we will obtain your prior consent.

Your username may not violate national laws and regulations concerning usernames. Otherwise, the Website may reclaim your NEWGAN.COM username.

**Use of Accounts and Services**

8. Use of Accounts and Services

8.1 Since your account is associated with your personal information and commercial information of NEWGAN.COM, your NEWGAN.COM account is for your personal use only. If NEWGAN.COM determines that the use of your account may endanger your account security or the security of NEWGAN.COM, NEWGAN.COM may refuse to provide the corresponding services or terminate this Agreement.

8.2 As your account is linked to your credit information, it may only be transferred under circumstances where there is a clear legal provision, judicial ruling, or NEWGAN.COM’s consent, following NEWGAN.COM’s specified account transfer procedures. Upon transfer, all rights and obligations associated with the account are transferred. Otherwise, your account may not be transferred in any way, and we retain the right to hold you accountable for any breach of this clause, with all resulting liabilities borne by you.

8.3 You should promptly update the information you provide. Where laws and regulations require NEWGAN.COM to verify certain information of users, NEWGAN.COM will legally conduct periodic checks and verifications, and you should cooperate by providing the latest, true, complete, and valid information.

8.4 If NEWGAN.COM is unable to reach you using the last known contact information, or if you fail to provide information requested by NEWGAN.COM, or if the information you provide is clearly false, or if administrative or judicial authorities determine that your information is invalid, you will be held responsible for all losses and adverse consequences caused thereby. NEWGAN.COM may issue inquiries to you and require re-certification, up to suspending or terminating some or all services provided by this Website, without liability to the extent permitted by law.

8.5 Your account password is set and managed by you. NEWGAN.COM will never proactively request your account password. Therefore, we recommend you keep your account details confidential and log out and exit the Website correctly at the end of each session.

8.6 If your account is compromised due to unauthorized disclosure or attacks or fraud against you, NEWGAN.COM is not liable to the extent permitted by law. You should seek legal or administrative remedies against the infringers.

8.7 Except where NEWGAN.COM is at fault, you are responsible for all actions taken under your account, including but not limited to signing agreements online, publishing information, purchasing goods and services, and disclosing information.

8.8 If you discover any unauthorized use of your account logging into NEWGAN.COM or any other circumstances indicating that your account may have been stolen or lost, please notify the Website immediately. We will act on your request within a reasonable time, but we may not be able to prevent or mitigate the consequences, except where NEWGAN.COM is at fault.

8.9 When making purchases on NEWGAN.COM, please carefully confirm the name, price, quantity, model, specifications, size, or service time, content, and restrictive requirements of the items, and verify your contact address, telephone number, and recipient information. If the recipient is not you, their actions and intentions will be considered yours, and you will be jointly responsible for any legal consequences arising from their actions and intentions.

8.10 Your procurement behavior should be based on genuine procurement needs. You must not engage in malicious procurement or claim-making behaviors that disrupt the normal transaction order of NEWGAN.COM. For the purpose of maintaining the transaction order and security of NEWGAN.COM, the Website may close related transactions upon discovering such behavior.

8.11 For users who obtain coupons, points, cash, or gifts through improper means (such as registering multiple accounts), NEWGAN.COM has the right to make independent judgments and take measures such as freezing member accounts, clearing points, voiding coupons, canceling gifts, or canceling orders, and you will be responsible for any resulting damages to NEWGAN.COM.

8.12 Under the following circumstances, NEWGAN.COM may limit your membership rights, including but not limited to canceling pending orders or terminating your membership account:

– Engaging in activities that affect the normal operation of the Website or the services provided to other members (e.g., network attacks, mass posting of advertisements).

– Gaining benefits through improper means (such as using external tools, network attacks).

– Making malicious claims or complaints against merchants twice or more, or verbally abusing or attacking merchant or customer service personnel.

– Refusing to accept goods or services repeatedly without cause unrelated to the quality of goods or services.

– Using member accounts to purchase goods or services for resale purposes (e.g., wholesale, retail).

– Providing inaccurate, incomplete, or false user information (including but not limited to name, telephone number, ID number, email address).

– Engaging in other activities that disrupt the normal operation of the Website or are illegal.

8.13 You are solely responsible for any content you publish, upload, or transmit. All users must not post, reprint, or transmit any information containing the following content on any page of NEWGAN.COM:

– Violating the basic principles established by the Constitution.

– Endangering national security, revealing state secrets, subverting state power, or disrupting state unity.

– Damaging the honor and interests of the state.

– Inciting ethnic hatred or discrimination, disrupting ethnic unity.

– Disrupting state religious policies, promoting cults or feudal superstitions.

– Spreading rumors, disrupting social order, or undermining social stability.

– Disseminating obscene, pornographic, gambling, violent, terroristic, or crime-inducing content.

– Insulting or slandering others, infringing upon their legitimate rights and interests.

– Inciting illegal gatherings, associations, demonstrations, strikes, or other activities disrupting social order.

– Acting under the name of illegal organizations.

– Containing other illegal content prohibited by laws and administrative regulations.

8.14 While using the network services provided by NEWGAN.COM, you must:

– Comply with all network protocols, regulations, and procedures related to network services.

– Not use network services for any illegal purposes.

– Not infringe upon the patent rights, copyrights, trademarks, reputation, or other legitimate rights and interests of any third party.

– Not use any technical means to intrude into NEWGAN.COM databases, perform functions such as viewing, downloading, or forwarding data directly.

– Ensure the authenticity of the information you publish on NEWGAN.COM, avoiding exaggerated descriptions or false information.

– Not use any information provided or published by NEWGAN.COM for purposes detrimental to NEWGAN.COM. If discovered, NEWGAN.COM has the right to block your account and discontinue network services without prior notice, and you will be responsible for compensating NEWGAN.COM for any losses incurred.

8.15 If your violation of the above rules causes NEWGAN.COM to be claimed by third parties, you must fully compensate NEWGAN.COM for all expenses (including but not limited to compensation fees, litigation agent fees, and other reasonable expenses).

8.16 If you violate the rules stipulated in this Agreement, we have the right to require you to rectify or take all necessary measures (including but not limited to deleting the content you have published, suspending or terminating your rights to use network services) to mitigate or avoid the damage or adverse effects caused by your improper behavior.

8.17 You undertake to comply with the usage rules of products and services published by NEWGAN.COM from time to time. If you violate this undertaking, NEWGAN.COM has the right to take action according to this Agreement and relevant rules, without prior notice or consent from you.

**Personal Information Protection and Privacy Policy**

9. Personal Information Protection and Privacy Policy

9.1 Unless you give explicit consent, NEWGAN.COM will not use your information for other purposes. We have the right to collect, use, store, and share your personal information in compliance with laws and regulations, clearly stating the purpose. We will not publicly disclose, edit, or reveal your personal information or non-public content stored on NEWGAN.COM without your authorization.

9.2 NEWGAN.COM will collect non-personalized information through your IP address, including but not limited to browser type, operating system, ISP domain name providing access services, to optimize the display of web pages on your computer screen. Through the collection of such information, we also perform traffic statistics to improve the management and services of the Website.

9.3 NEWGAN.COM will use various security technologies and programs to establish a sound management system to protect your personal information and privacy from unauthorized access, use, or disclosure.

9.4 Respecting user privacy and protecting your personal information security is our consistent attitude. NEWGAN.COM will take reasonable measures to protect your personal information and privacy. We promise that unless we obtain your consent, NEWGAN.COM will not collect, use, or provide your personal information beyond what is necessary for the provision of services or use such information for purposes other than providing services.

9.5 You agree that we have the right to collect your usage and behavioral information through technologies such as Cookies and freely use anonymized commercial data after data desensitization. Of course, you can delete Cookies based on your preferences, but doing so may require you to change user settings every time you visit NEWGAN.COM. Deleting Cookies is generally done through the browser settings (“Settings – Clear Data”) or by resetting/clearing the mobile system.

9.6 When you provide information about third parties to NEWGAN.COM, you must ensure that you have obtained the consent of the third party for the collection and use of their information and that you have the right to provide the third party’s personal information to NEWGAN.COM. You guarantee that NEWGAN.COM has the right to use the personal information of third parties for commercial purposes without facing complaints, claims, or other rights assertions from third parties. If NEWGAN.COM faces claims due to the use of personal information provided by you about third parties, you must ensure that NEWGAN.COM is not harmed.

9.7 In addition to complying with the specific provisions of the personal information protection and privacy policy set forth in this Agreement, we recommend that you read the **NEWGAN.COM Privacy Policy** carefully and in full to better protect your personal information.

**Transaction Standards**

10. Transaction Standards

10.1 Unless otherwise proven, the records of goods and transactions kept by NEWGAN.COM are the sole valid evidence of your use of this E-commerce platform.

10.2 When using the services of NEWGAN.COM and procuring items, you must comply with Chinese laws, regulations, ordinances, and local laws.

10.3 During the transaction process, you should carefully review and verify the information of the items procured, including price, quantity, payment method, shipping method, recipient, address, and contact information. Clicking “Submit Order” or similar buttons implies that you acknowledge all the information contained in the order as correct and complete. Despite our best efforts, due to objective factors such as internet technology, there may be a lag or error in the information displayed on NEWGAN.COM. If there is a system failure or significant negligence by NEWGAN.COM causing the displayed information to be obviously unreasonable (e.g., prices significantly lower than normal, unreasonable discounts), please do not proceed further. If you knowingly submit an order despite the obviously unreasonable information, it will be considered malicious behavior, and NEWGAN.COM has the right to freeze or cancel the transaction.

10.4 If you procure items from NEWGAN.COM, you are obligated to complete the transaction with NEWGAN.COM, except where prohibited by law or this Agreement. By placing an order for an item, you agree to be bound by the sale conditions described in the item, provided that such sale conditions do not violate this Agreement or are illegal.

10.5 NEWGAN.COM advertisements, price lists, and statements do not constitute offers. NEWGAN.COM has the right to withdraw such information or cancel contracts if there are obvious errors or stock shortages on the Website. NEWGAN.COM reserves the right to limit the quantity of products ordered. When placing an order, you acknowledge that you have reached the legal age to purchase the products and will be responsible for the truthfulness of all information provided in the order.

10.6 Product prices and availability are indicated on NEWGAN.COM. You understand and agree that we have the right to change this information without prior notice. Shipping fees will be charged separately, varying based on the chosen shipping method. In case of unforeseen circumstances, after confirming your order, if there are price changes due to supplier price increases or tax changes, or due to errors on the Website, you have the right to cancel your order and should promptly notify NEWGAN.COM’s customer service department via email or phone. If the ordered product is out of stock, you have the right to cancel the order.

10.7 NEWGAN.COM will deliver the products you purchased to the designated address agreed upon with you. You acknowledge that all delivery times listed on NEWGAN.COM are estimated times (calculated based on inventory status, normal processing time, and delivery location). NEWGAN.COM is not liable for delayed delivery to the extent permitted by law due to the following situations:

– Incorrect or insufficient recipient information provided by you.

– No one signing for the delivery or refusal to accept the delivery, resulting in inability to deliver or delayed delivery.

– Other clear situations.

**After-sales Service and Quality of Products**

11. After-sales Service and Quality of Products

11.1 We will provide after-sales guarantees based on the laws and regulations of the People’s Republic of China and the after-sales service policies published or agreed upon in the order contract on NEWGAN.COM. The after-sales service policies on NEWGAN.COM are part of this Agreement, and NEWGAN.COM has the right to change the after-sales service policies through statements, notifications, or other forms.

11.2 If the quality of the products does not meet the standards, you can request a replacement or return.

**Cybersecurity**

12. Cybersecurity

12.1 You agree that without the express written permission of NEWGAN.COM, you will not use any robots, spiders, screen scraping software, or other automated means to access the Website for any purpose. Additionally, you agree that you will not:

– Perform any actions that impose an unreasonable or disproportionate burden on NEWGAN.COM (as determined by NEWGAN.COM in its sole discretion).

– Reproduce, modify, create derivative works, distribute, or publicly display any content on the Website (except for your personal information) without the prior express written permission of NEWGAN.COM.

– Interfere or attempt to interfere with the normal functioning of the Website or any activities conducted on the Website.

– Use any content on the Website that may be prohibited or potentially prohibited under applicable laws and regulations.

– Use the Website in a manner that includes viruses, Trojan horses, worms, time bombs, Easter eggs, spyware, or other computer programs that may damage, alter, delete, adversely affect, secretly intercept, or gain unauthorized access to any system, data, or personal information.

**Intellectual Property and Other Rights**

13. Intellectual Property and Other Rights

13.1 The copyrights, patents, trademarks, trade secrets, and other intellectual property rights related to the network services provided by NEWGAN.COM belong to us. No one may download, copy, transmit, adapt, or edit any content without our consent, otherwise, they will be held legally responsible. We own the rights to all data and information generated and stored on the servers during the operation of NEWGAN.COM (excluding personal identity data such as names, ID numbers, and phone numbers), and users have the right to use such data associated with their accounts in accordance with this Agreement.

13.2 We own the intellectual property rights to the overall content of NEWGAN.COM, except for the content whose copyright belongs to you.

13.3 You grant us a non-exclusive, perpetual, irrevocable license to use, reproduce, revise, edit, publish, display, distribute, promote, publish, and translate the original information you upload or publish using NEWGAN.COM and its services, and to include such information in other works created through known or future forms, media, or technologies. You also grant us the right to sublicense these intellectual property rights.

13.4 This Agreement constitutes a written agreement for the license of copyrights and other intellectual property rights as stipulated in Article 26 of the Copyright Law of the People’s Republic of China and relevant laws and regulations, and its effect extends to any copyrighted works published by you on this Website, whether created before or after the conclusion of this Agreement.

13.5 You agree and fully understand the terms of this Agreement and undertake not to publish or authorize any entity to use in any form the information you have published on NEWGAN.COM.

13.6 We have the right to independently use the competitive data interests derived from lawful processing of data, unless otherwise provided by laws and regulations.

13.7 If your intellectual property rights are inadvertently infringed upon while using NEWGAN.COM, you have the right to submit relevant materials to us according to the infringement complaint and appeal rules of NEWGAN.COM. NEWGAN.COM will handle your feedback promptly according to the procedures specified in the infringement complaint and appeal rules and take necessary measures (such as deletion, blocking, disconnecting links, or restricting functionality). If you encounter any illegal activities or violations of the rules of this service while using NEWGAN.COM, you also have the right to report them to us, and we will handle your feedback promptly. The infringement complaint and appeal rules are available at the following link: [Jiannaye Affiliated Platform Infringement Complaint and Appeal Rules].

All materials published on NEWGAN.COM (such as text, charts, logos, button icons, images, audio clips, digital downloads, data editing, and software) are the property of NEWGAN.COM or our content providers, protected by the intellectual property laws of China and international intellectual property laws. The compilation of all content on NEWGAN.COM is the exclusive property of NEWGAN.COM, protected by the intellectual property laws of China and international intellectual property laws. All software on NEWGAN.COM is the property of NEWGAN.COM or our software suppliers, protected by the intellectual property laws of China and international intellectual property laws.