Beetlemotor.com Website Terms of Use

1. Application and Acceptance of the Terms

1.1 Your access to and use of the Sites and Beetle Motor’s services, software and products through the Sites (such services, software and products collectively referred to as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the BeetleMotor.com Privacy Policy (defined in clause 3.3 below) and any other rules and policies of the Sites that Beetle Motor may publish from time to time. This document and such other rules and policies of the Sites are collectively referred to below as the “Terms”. By accessing and using the Sites and Services, you agree to accept and be bound by the Terms. Please do not access or use the Services or the Sites if you do not accept all of the Terms.

1.2 You may not access or use the Services or the Sites and may not accept the Terms if (a) you are not of legal age to form a binding contract with Beetle Motor, or (b) you are not permitted to receive any Services under the laws of China or other countries/regions including the country/region in which you are resident or from which you access and use the Services and the Sites.

1.3 Beetle Motor may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you.

1.4 If Beetle Motor has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your access to and use of the Services or the Sites.

1.5 You may be required to enter into separate agreement(s), whether online or offline, with Beetle Motor for purchasing any products or services (or features within the Services) (each an “Additional Agreement”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the Service) concerned.

1.6 Beetle Motor’s obligations, if any, with regard to the Services are governed solely by the agreements pursuant to which they are provided, and nothing on the Sites should be construed to alter such agreements.

1.7 Beetle Motor may make changes to any Services offered on the Sites, or to the applicable prices for any such Services, at any time, without notice. The materials on the Sites with respect to Services may be out of date, and Beetle Motor makes no commitment to update the materials on the Sites with respect to such Services.

1.8 The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

• SALE, DELIVERY & WARRANTY TERMS AND CONDITIONS

1.9 The Terms may not otherwise be modified except in writing by an authorized officer of Beetle Motor.

2. Provision of Services

2.1 You must register as a member on the Sites in order to access and use some Services. Further, Beetle Motor reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to Users, or subject to other conditions that Beetle Motor may impose in our discretion.

2.2 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Beetle Motor may in our sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.

2.3 Beetle Motor may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice.

3. Users Generally

3.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Sites or Services.

3.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Sites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Beetle Motor, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Beetle Motor is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.

3.3 You must read the following documents which govern the protection and use of personal information about Users in the possession of Beetle Motor:

for Users who access or use Sites relating to the Beetle Motor e-commerce websites, the BeetleMotor.com Privacy Policy.

3.4 Beetle Motor may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using the Sites. You acknowledge that Beetle Motor has no control over such third parties’ web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such web sites.

3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Beetle Motor and/or any other User nor to gain unauthorized access to such computer systems or networks.

3.6 You agree not to undertake any action which may undermine the integrity of Beetle Motor’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.

3.7 By posting or displaying any logos, trademarks, service marks, brands, description/information in the product reviews, and any other information, content or material on the Sites (any of such information, content or material, collectively referred to as “User Content”) or providing any User Content to Beetle Motor, and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Beetle Motor to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, edit, translate, create derivative works using the User Content, remove any part of it (including, without limitation, the watermark or mark the User Content bears), and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner, on the Sites, Beetle Motor Channels and/or Third Party Channels and for any purpose which may be beneficial, whether directly or indirectly, to Beetle Motor, the operation of the Sites, and the provision of any Services and/or the business of the User. You confirm and warrant to Beetle Motor that you have all the rights, power and authority necessary to grant the above license and the User Content and use of such User Content (including derivative works) by Beetle Motor under such license is free from any infringement or violation of any Third Party Rights (as defined in clause 5.4 of the Terms). To the maximum extent permitted by law, you waive your right to enforce your Intellectual Property Rights in the User Content against Beetle Motor, assignees or sub-licensees in connection with the use of such User Content in connection with the Services. Information that is protected under data protection laws will only be used and kept in compliance with those laws.

4. Member Accounts

4.1 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member” below). Except with Beetle Motor’s approval, one User may only register one member account on the Sites. Beetle Motor may cancel or terminate a User’s member account if Beetle Motor has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts. Further, Beetle Motor may reject User’s application for registration for any reason.

4.2 Upon registration on the Sites, Beetle Motor shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.

4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member’s own business entity (where applicable). Member agrees to notify Beetle Motor immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

4.4 Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.

4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use“), may cause irreparable harm to Beetle Motor or other Users of the Sites. Member shall indemnify Beetle Motor, directors, employees, agents and representatives against any loss or damage (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Beetle Motor shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.

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 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 BEETLE MOTOR 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 (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Right；and (d) neither the Member nor any of its related persons, have been banned or removed from any major e-commerce websites, or otherwise implicated in selling counterfeit or pirated products online.

5.5 Each Member further 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 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 which 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.

5.6 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 offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;

h)not involve attempts to copy, reproduce, exploit or expropriate Beetle Motor’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 Beetle Motor 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 Beetle Motor.

5.7 Member may not use the Sites, Services or member account to engage in activities which are identical or similar to Beetle Motor’s e-commerce website business.

5.8 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.

5.9 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Beetle Motor’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, Beetle Motor 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.

5.10 Member acknowledges and agrees that Beetle Motor 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. Beetle Motor 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.

5.11 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 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, or any of your parent companies or affiliates, directly or indirectly, deals with, or provides any funds, goods or services to Relevant Subjects;

d) 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;

e) If, at any time, you fail to meet any of the above requirements, you should stop using the Services immediately. If Beetle Motor reasonably believes that any of your conduct violates or threatens to violate any applicable laws and regulations, Beetle Motor may, at its sole discretion, at any time take action as it may deem appropriate in light of the circumstances, including, but not limited to, terminating the provision of Services to you, closing relevant purchase orders, and terminating your accounts, while reserving all rights it may have regarding any non-compliant actions or conduct of its members.

6. Breaches by Members

6.1 Beetle Motor 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 Beetle Motorto liability, (iv) infringes any Third Party Rights, (v) could harm the interests of our Members, third party or Beetle Motor, or (vi) is otherwise found inappropriate in Beetle Motor’s sole discretion.

6.2 If any Member breaches any Terms, or if Beetle Motor has reasonable grounds to believe that a Member is in breach of any Terms,Beetle Motor 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 Beetle Motor 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 other User Content that the Member has submitted, posted or displayed (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as Beetle Motor may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Beetle Motor may deem necessary or appropriate in its sole discretion.

6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:

a)Beetle Motor has reasonable grounds to suspect that such a Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,

b)Beetle Motor has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading

c) Beetle Motorbelieves that the Member’s actions may cause financial loss or legal liability to Beetle Motor or our affiliates or any other Users.

6.4 Beetle Motor reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Beetle Motor may disclose the Member’s identity, contact information and/or information regarding the Member’s account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. Beetle Motor shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Beetle Motor for such disclosure.

6.5 Beetle Motor may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if Beetle Motor has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Beetle Motor, and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. Beetle Motor reserves the right to, but shall not be required to investigate such breach or request confirmation from the Member.

6.6 Each Member agrees to indemnify Beetle Motor, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of the Sites or Services, or from your breach of the Terms or any Additional Agreements.

6.7 Each Member further agrees that Beetle Motor is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Member. Beetle Motor reserves the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Beetle Motor in asserting any available defenses.

7. Limitation of Liability

7.1TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY BEETLE MOTOR ON OR THROUGH THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND BEETLE MOTOR 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.

7.2TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEETLE MOTOR 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; BEETLE MOTOR 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 BEETLE MOTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.

7.3 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 Beetle Motor’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 Beetle Motor or through or from the Sites shall create any warranty not expressly stated herein.

7.4 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 Beetle Motor or our affiliates be held liable for any such services or products.

7.5 Each User hereby agrees to indemnify and hold Beetle Motor, 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, 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 Beetle Motor, 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 Beetle Motor, including but not limited to those set forth in clause 5 hereunder.

7.6 Each User hereby further agrees to indemnify and save Beetle Motor, 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 Beetle Motor 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. Beetle Motor 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 Beetle Motor in asserting any available defenses.

7.7 Beetle Motor 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.

7.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Beetle Motor, 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 or Services during any calendar year shall be limited to the greater of (a) the price paid by the buyer for the products that gave rise to any such liability during the calendar year (b) the maximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.

7.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Beetle Motor has been advised of or should have been aware of the possibility of any such losses arising.

8. Force Majeure

8.1 Beetle Motor 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 date 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 attack, 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 Beetle Motor such as hacker or cyber attacks, 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.

9. Intellectual Property Rights

9.1 Beetle Motor 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 on the Sites and Site Content shall remain with Beetle Motor, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Beetle Motor are hereby reserved.

9.2 “Beetle Motor”and related icons and logos are registered trademarks or trademarks or service marks of Tech Rocks U Intelligent Technology Co., Ltd.;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.

9.3 Beetle Motor may have independent third parties involved in the provision of the 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.

9.4 To the largest extent permissible under applicable law, all rights, title and interest to all derivative work created by Beetle Motor and/or its affiliates using User Content pursuant to the Terms shall belong to Beetle Motor, which may be freely assignable, licensable or grantable by Beetle Motor to any third party or its affiliates.

10. Notices

10.1 All legal notices or demands to or upon Beetle Motor shall be made in writing and sent to Beetle Motor personally, by courier or certified mail to the following entity and address: Tech Rocks U Intelligent Technology Co., Ltd., Room 1037, Building A1, Wanhe Road #1, Yuhang District, Hangzhou City, Zhejiang Province, China, Attn: Legal Department.The notices shall be effective when they are received by Beetle Motor in any of the above-mentioned manner.

10.2 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 Beetle Motor, 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)Beetle Motor is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or

b)immediately upon Beetle Motor posting such notice on an area of the Sites that is publicly accessible without charge.

10.3 You agree that all agreements, notices, demands, disclosures and other communications that Beetle Motor sends to you electronically will satisfy any legal requirement that such communication should be in writing.

11. General Provisions

11.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Beetle Motor with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

11.2 Beetle Motor and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

11.3 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.

11.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause.

11.5 Beetle Motor’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 Beetle Motor’s right to act with respect to subsequent or similar breaches.

11.6 Beetle Motor shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Beetle Motor). You may not assign, in whole or part, the Terms to any person or entity.

11.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA (“PRC”), AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE YUHANG BASIC PEOPLE’S COURT OF HANGZHOU, PRC.

11.8 If you have any comments on the Services we provide to you, you may email us at service@beetlemotor.com with any such feedback or questions.