Terms of Use
Important Notice:To use the mixomi Mini Program (hereinafter referred to as "this Mini Program") and its services, you should read and comply with the mixomi Terms of Use (hereinafter referred to as "this Agreement"). Please read carefully and fully understand each provision, in particular the provisions that exclude or limit liability, as well as any separate agreements for activating or using certain services, and choose whether to accept or not to accept them. Provisions that limit or exclude liability may be brought to your attention in bold or other forms.
Unless you have read and accepted all the provisions of this Agreement, you are not entitled to use this Mini Program and its related services. Your use, account registration, login and other acts shall be deemed as your having read and agreed to be bound by the foregoing agreement.
1. Definitions
1.1 "We", "Our Company": refers to HBCH Health Products Group Limited.
1.2 "mixomi", "mixomi Mini Program", "this Mini Program": refers to the Mini Program named "mixomi" that we lawfully own and operate.
1.3 Terms of Use, these Terms: means this Agreement, the written contract entered into between you and us at the present time, which is intended to set out the rights and obligations between you and us throughout the entire online shopping process, including your logging in to and using this Mini Program, and placing orders, purchasing goods, paying for goods and receiving goods through this Mini Program.
1.4 Reviews, User Reviews: refers to the comments, messages and other content shared by users on this website.
1.5 Content: refers to any and all text, images, audio, video, scripts, codes, software, databases and any other forms of information that can be stored on a computer and that appear on or form part of this website.
1.6 "Mini Program Account", "Account", "User Account": refers to the account that you obtain by registering through logging in to this Mini Program and that you can use to log in to this Mini Program.
1.7 Unless the context otherwise requires, each reference in these Terms of Sale to:
- 1.7.1 "in writing" and any similar terms, includes any communication transmitted electronically or by fax or by similar means;
- 1.7.2 a statute or a provision of a statute, refers to that statute or provision as amended or re-enacted at the relevant time;
- 1.7.3 Mini Program Rules: refers to the various rules, implementation details, interpretations, product process descriptions, announcements and other content that have been published or will be subsequently published on this Mini Program.
2. Contact Details
2.1 You can contact us through customer service in the Mini Program, through your service specialist, or by emailing us at info@hbchgrp.com.
2.2 We may monitor all communications made through our contact tools.
2.3 Any personal information you send to us, whether through our contact tools or otherwise (including but not limited to your name and contact details), will be collected, used and held in accordance with your rights and our obligations under data protection laws.
3. Accessing Our Website
3.1 Access to this website is free of charge.
3.2 The network, equipment and other conditions required for accessing this website are your own responsibility, and you shall bear the corresponding responsibility therefor.
3.3 We have the right, depending on the actual circumstances, to suspend, discontinue, adjust or terminate this website (or any part of it) at any time. We do not warrant that this website will operate continuously, stably and without interruption, nor do we warrant that your access will not be affected.
4. Changes to Our Website
We may change and update our website (or any part of it) at any time.
5. Changes to the Terms of Use
5.1 We may change these Terms of Use at any time. If we do so, details of the changes will be highlighted at the top of this page. Any changes to these Terms of Use will apply to your use of this website when you first use this website after the changes have been implemented. We recommend that you check this page each time you use this website.
5.2 If any part of the current version of these Terms of Use conflicts with any previous version, the current version shall prevail, unless we expressly state otherwise.
6. Accounts
6.1 Certain features of this website, including purchasing goods from us, may require an account.
6.2 Only users who are at least 18 years of age and have full capacity for civil rights and full capacity for civil conduct may create an account.
6.3 The information you provide when creating an account must be accurate and complete. If any of your information changes, you are responsible for keeping your account up to date. You may register a user account through the user account registration page of this Mini Program and set the corresponding login password. Once registered successfully, you may log in to and use this Mini Program with your user account and login password.
6.4 You are responsible for keeping your account details safe. If you believe that your account is being used by someone else without your permission, please contact us.
6.5 After you have successfully registered a user account, if you need to use that user account to purchase goods from this Mini Program, you shall at least fill in a consignee, a delivery address and a mobile phone number.
6.7 You must properly keep your user account, login password, payment password (if any) and all personal information you have filled in thereunder. We are not responsible for any losses or consequences arising from the disclosure of the account due to your own act, or from your account being attacked, defrauded or subjected to other acts by others; you should seek recovery from the infringing party through judicial, administrative or other remedial channels. Except where we are at fault, you shall be responsible for all consequences of the acts under your account (including but not limited to signing various agreements online, publishing information, purchasing goods and services, and disclosing information).
6.8 In order to prevent your and other users' user accounts and the personal information thereunder from being disclosed or stolen, we may at any time adopt measures such as computer virus detection and removal technologies and computer encryption technologies for protection. You fully agree to and accept this, but this does not relieve you of the obligation to properly keep your user account and the personal information thereunder as described in Section 6.3 of this Agreement.
6.9 Because the mixomi Mini Program account is associated with your personal information and the commercial information of the Mini Program, your mixomi account may only be used by you personally. You may transfer the account only where expressly provided by law, by judicial ruling, or with the consent of this Mini Program. Once your account is transferred, the rights and obligations under that account shall be transferred together. Other than that, your account may not be transferred in any manner; otherwise, this Mini Program has the right to hold you liable for breach of contract, and you shall bear all liabilities arising therefrom.
6.10 If you forget your password or your password is changed by someone else, you may recover it in accordance with the account and password recovery rules published by mixomi, through the account and password recovery system provided by mixomi, or contact us at the first opportunity for assistance with the recovery; however, mixomi does not guarantee that the account can be recovered.
6.11 We provide you with an account cancellation function. After your account is cancelled, you will no longer be able to access the features of this website that require an account. Except for the part that should be retained in accordance with the law, your relevant personal information will be deleted or anonymized.
6.12 When you no longer use the mobile phone number bound to your mixomi account, you should promptly update the phone number on your account. If you fail to update the phone number in a timely manner, you shall bear full responsibility for any risks to the security of the information or property in your account. Where, within the limits of our limited capabilities, we identify a security risk to the property or information in your account, we have the right to take measures in respect of your account (including but not limited to unbinding the phone number, freezing, suspending or cancelling the account).
6.13 All personal information you provide in your account will be collected, used and held in accordance with your rights and our obligations under data protection laws.
7. International Users
This website is only intended for users in Mainland China, the Hong Kong Special Administrative Region and the Macao Special Administrative Region. We do not warrant or represent that this website or its content is available or suitable for use in other regions.
8. User Code of Conduct
8.1 You must not commit any act that infringes the intellectual property rights of this Mini Program, or any other act that harms our lawful rights and interests or those of other users, including but not limited to:
- (1) deleting or modifying the copyright information on this Mini Program;
- (2) modifying, copying and/or distributing this Mini Program;
- (3) embedding various plug-in programs or other third-party programs in this Mini Program;
- (4) compiling, decompiling, reverse engineering or otherwise cracking this Mini Program;
- (5) using cheats and/or exploiting bugs in this Mini Program to obtain improper benefits;
- (6) illegally intruding into or damaging the server software system of this Mini Program by means such as hijacking domain name servers, or modifying, adding, deleting, stealing, intercepting, replacing or scraping data in the client and/or server software system of this Mini Program, or illegally occupying the server space of this Mini Program, or implementing other acts that overload it;
- (7) impersonating us or contracted merchants to publish any fraudulent or false information on this Mini Program;
- (8) using this Mini Program to deliberately spread malicious programs or computer viruses.
8.2 You fully understand that: we may update this Mini Program from time to time by releasing software upgrade packages or software patches, online upgrades and other means. During the update process, we may, through the internet, retrieve and collect from your PC terminal information, data and other relevant materials about the client software version of this Mini Program, and automatically replace, modify, delete and/or supplement them. Such act is a necessary operation or step for the update of the Mini Program. If you do not agree to us performing such operation, please do not update; your act of updating shall be deemed as your consent to us performing such operation.
8.3 You have the right to use functions related to online information content, such as product reviews, Q&A and other functions, in this Mini Program; however, you shall ensure that the online information content you publish is true and objective and does not infringe any third party's lawful rights, including copyright, portrait rights, reputation rights, privacy rights and other rights. Any comments, Q&A and other content you publish shall be deemed non-exclusive and non-confidential. You agree and undertake not to use the user comment function of this Mini Program to publish any advertisements or content that violates the provisions of these Terms; in case of any violation, we reserve the right to delete and conceal such content.
8.4 You shall abide by the relevant national laws and regulations and must not publish, forward or disseminate on this Mini Program any information containing the following illegal content:
- (1) opposing the basic principles established by the Constitution;
- (2) endangering national security, divulging state secrets, subverting state power or undermining national unity;
- (3) harming the honor and interests of the state;
- (4) distorting, vilifying, desecrating or denying the deeds and spirit of heroes and martyrs, or infringing the names, portraits, reputations or honors of heroes and martyrs by means of insult, defamation or otherwise;
- (5) advocating terrorism or extremism or inciting the commission of terrorist or extremist activities;
- (6) inciting ethnic hatred or ethnic discrimination or undermining ethnic unity;
- (7) undermining the state's religious policy or advocating cults and feudal superstitions;
- (8) spreading rumors that disrupt social order and undermine social stability;
- (9) spreading obscenity, pornography, gambling, violence, murder, terror or content that instigates crime;
- (10) insulting or defaming others or infringing the lawful rights and interests of others;
- (11) containing other content prohibited by laws and administrative regulations.
or improper content:
- (1) using exaggerated titles where the content seriously does not match the title;
- (2) hyping up gossip, scandals, misdeeds and the like;
- (3) improperly commenting on disasters such as natural disasters and major accidents;
- (4) containing sexual innuendo, sexual provocation or other content that easily evokes sexual associations;
- (5) displaying bloody, terrifying, cruel or other content that causes physical or mental discomfort;
- (6) inciting discrimination against groups, regional discrimination and the like;
- (7) advocating vulgar, kitsch or philistine content;
- (8) content that may cause minors to imitate unsafe behavior or behavior contrary to social morality, or induce unhealthy habits in minors;
- (9) other content that has an adverse impact on the online ecosystem.
8.5 You fully understand and completely agree that: with respect to the comments and content you publish, forward or disseminate on this Mini Program, including but not limited to videos, photos and textual content, regardless of whether they constitute works within the meaning of copyright law, when you submit user content to this Mini Program, you grant us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide license to use, store, archive, syndicate, transmit, adapt, edit, copy, distribute, create derivative works from, display, perform and sublicense your user content.
Furthermore, with respect to the aforesaid comments and/or content, we also enjoy the following rights and may exercise them without obtaining your separate consent:
- (1) the right to modify, edit, compile, adapt, distribute or otherwise use them;
- (2) the right to use all of the content or only a part or parts of the content;
- (3) the right to license them to any third party for use; after obtaining our consent, the licensed third party may use them on our website and/or our App and other network Mini Programs owned by us, and may also use them on the licensed third party's own network Mini Programs;
- (4) the right, in our own name alone, to collect evidence, preserve evidence, notarize, file lawsuits and/or take other lawful measures against any third party that uses the aforesaid comments and/or content without our permission, in order to pursue its legal liability.
8.6 The personal account is the only credential through which we authorize you to use the user management system of our Mini Program. The vouchers, points, discounts, push notifications and other services and benefits we provide are all distributed through the user management system and are only provided for the personal use of authorized users. You agree to use the personal account in accordance with laws, regulations and the provisions of these Terms. We may, under certain circumstances (including but not limited to your violation of relevant laws and regulations or this Agreement and/or other published rules, your serious violation of social morality, providing false registered identity information, or our determination that there is improper conduct that may harm our interests), temporarily freeze, permanently freeze, modify, delete your personal account or take other measures. Without our consent, you must not use our products and services for commercial purposes (for example, selling our personal accounts, or selling the points, vouchers and other benefits under personal accounts). During your use of our services, if you or your personal account deliberately circumvent our management measures, or engage in conduct suspected of fraud, commercial profit-making, improper or dishonest use of the services, or other conduct that violates this Agreement and/or other published rules, we have the right to refuse to continue providing services to you, permanently freeze your personal account and, depending on the specific circumstances, clear all virtual products generated or obtained in that personal account through the aforesaid means.
8.7 If your conduct causes us and/or our affiliates to suffer losses (including our direct economic losses, loss of goodwill, and indirect economic losses such as compensation paid to third parties, settlement amounts, attorneys' fees and litigation costs), you shall compensate us and/or our affiliates for all of the aforesaid losses.
If your conduct causes a third party to assert rights against us and/or our affiliates, we and/or our affiliates may, after performing monetary or other obligations to the third party, seek recovery from you for all losses.
If your conduct causes a third party to suffer losses, we and/or our affiliates may, for the purpose of protecting the public interest or consumer rights, deduct the corresponding amounts from any of your accounts with us for payment.
8.8 You must not use any content of this website (including user content) for commercial purposes unless you first obtain permission from us, our licensors or the relevant users, as the case may be.
8.9 If a third party claims that any user content you submitted infringes its intellectual property rights (including but not limited to copyright) or its privacy rights, we have the right to disclose your identity to that third party.
8.10 The opinions, views and values expressed in user reviews on this website are the views of the relevant users and do not represent our opinions, views or values. User reviews do not constitute our recommendations, promotions or product descriptions.
8.11 We do not store any content that violates the law as set out in Section 8.4 of these Terms.
8.12 If you wish to complain about any user content, please contact us.
9. Linking to Our Mini Program
9.1 You may link to our Mini Program with our consent. Any such link is made at your own risk and at your own cost. By linking, you must not alter any content of our website, including any intellectual property notices, nor frame or format our pages, files, images, text or other materials.
9.2 When you create a hyperlink, you must not link to this website in a manner that suggests an association between you and us (when in fact there is none) or implies any endorsement or approval by us (when in fact none has been granted).
9.3 Your link must not use any logos or trademarks displayed on this website unless you have obtained our express written permission.
9.4 If you apply to link to our Mini Program, you shall ensure that the linked website does not involve: illegality, obscenity, defamation, racism, sexism or other discrimination, advocacy of violence, racial hatred or terrorism, infringement of the intellectual property rights of others, or any other circumstances that violate the law and public order and good morals.
10. Linking to Other Websites
10.1 This website may contain links to other websites. Unless expressly stated, these websites are not under our control. We accept no responsibility or liability for the content of third-party websites.
10.2 The inclusion of a link to another website on this website is for information reference only and does not imply endorsement of that website or its owners, operators or any other related parties.
11. Disclaimer
11.1 Nothing on this website constitutes professional advice on which you should rely. It is provided for general information purposes only.
11.2 We make reasonable efforts to ensure that the content on this website is complete, accurate and up to date, but, to the extent permitted by law, we make no warranties, representations or guarantees (whether express or implied) that this will always be the case. Please note that this does not apply to information relating to the goods sold through this website. Please refer to the Terms of Sale of this website (available in the "Help Center" of this website) for more information.
12. Our Liability
12.1 The provisions of this Section 12 apply only to the use of this website and do not apply to the sale of goods. The sale of goods is governed by the Terms of Sale of this website (available in the "Help Center" of this website).
12.2 Nothing in these Terms of Use excludes or limits our liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any other form of liability that cannot be lawfully excluded or limited.
12.3 If you are a business user (that is, you use this website in the course of your business or for commercial purposes), to the maximum extent permitted by law, we shall not be liable for any loss or damage, whether foreseeable or otherwise, arising out of or in connection with the use of (or inability to use) this website or the use of or reliance on any content contained on this website (including user content), whether in contract, tort (including negligence), breach of statutory duty or otherwise.
12.4 If you are a business user, we shall not be liable for loss of profits, sales, business or revenue; loss of business opportunities, goodwill or reputation; loss of anticipated savings; business interruption; or any indirect or consequential loss or damage.
12.5 Please note that if the damage to the relevant facility could have been avoided by following our advice or instructions regarding the installation of free patches or updates; if the damage resulted from your failure to follow the instructions; or if the minimum system requirements we provide for the relevant digital content were not met, the corresponding liability shall be borne by you.
13. Viruses, Malware and Security
13.1 We will endeavor to use reasonable skill and care to ensure that this website is secure and free from viruses and malware.
13.2 You are responsible for protecting your hardware, software, data and other materials from viruses, malware and other internet security risks.
13.3 You must not knowingly introduce viruses or other malware, or any other malicious or technically harmful material, to or through this website.
13.4 You must not attempt to gain unauthorized access to any part of this website, the server on which this website is stored, or any other server, computer or database connected to this website.
13.5 You must not attack this website by means of a denial-of-service attack, a distributed denial-of-service attack or in any other way.
13.6 A breach of Sections 13.3 to 13.5 may constitute a criminal offense. Any and all such violations will be reported to the relevant law enforcement authorities, and we will fully cooperate with them by disclosing your identity to those authorities. In the event of such a violation, your right to use this website will cease immediately.
14. Acceptable Use of This Website
14.1 In addition to these Terms of Use, the Terms of Sale of this website also apply to your use of this Mini Program.
14.2 You may use this website only in a lawful manner: you must ensure that you fully comply with any and all applicable local, national or international laws and regulations; you must not use this website in any unlawful or fraudulent manner or for any unlawful or fraudulent purpose; you must not use this website to knowingly send, upload or otherwise transmit any data containing any form of virus or other malware or any other code designed to adversely affect computer hardware, software or data of any kind.
14.3 If you fail to comply with this Section 14 and/or our rules, we may take one or more of the following measures in response:
- suspend or terminate your right to use this website;
- issue you a written warning;
- take legal proceedings against you, seeking reimbursement of all relevant costs (including attorneys' fees, notarization fees, litigation costs and other fees) incurred as a result of your breach;
- disclose such information to law enforcement authorities as required or as we reasonably consider necessary;
- take any other actions that we reasonably consider appropriate (and lawful).
14.4 We hereby exclude any and all liability arising from any action we may take (including but not limited to the actions listed in Section 14.3 above) in response to your breach.
15. Personal Information
15.1 We may collect your personal information (referred to as "Personal Information") through this Mini Program when you voluntarily choose to use services or provide information, such as your name, email address, phone number and other identity information. We may retain certain information about users' usage habits in order to better understand and serve users. Such data will help us develop features, information and services that better meet users' needs.
15.2 Through this Mini Program, we may collect certain technical information about the machine you use, which may include: IP address, operating system version, browser version, monitor resolution, referring websites and the like. This information will be used to provide a better user experience and more convenient services.
We hope to clearly introduce to you, through our Privacy Policy, how we process your personal information; therefore, we recommend that you read the Privacy Policy in full (click here) to help you better protect your privacy.
15.3 We attach great importance to protecting your personal information, including your account and password, phone number, geographic location, smart mobile terminal brand and model and other personal information. Without your consent, we will not disclose it to unrelated third parties, nor make it public, except where it is disclosed to third parties for the following reasons:
- (1) disclosure in accordance with the provisions of national laws and regulations;
- (2) disclosure at the request of national judicial organs, administrative regulatory organs and other relevant organs in accordance with statutory procedures;
- (3) disclosure to protect our lawful rights and interests or yours;
- (4) disclosure in emergency circumstances to protect the personal safety of other users and third parties;
- (5) disclosure with your consent or at your request.
15.4 We will use various security technologies and procedures to prevent the loss, improper use, unauthorized access or disclosure of your and other users' personal information. However, you fully understand that: due to technical limitations and various possible malicious means, in the internet industry, even if all efforts are made to strengthen security measures, it is impossible to always guarantee 100% information security.
15.5 How we use Cookies and similar technologies
15.5.1 To ensure the normal operation of this software, we use relevant technologies to store small data files called Cookies on your device. Cookies usually contain identifiers, site names and some numbers and characters. We may set Cookies for authentication and security assurance, to confirm whether you have securely logged in to the service, or whether you have encountered theft, fraud and other illegal acts. These technologies also help us improve service efficiency and increase login and response speed. The use of Cookies can also help you avoid the steps and processes of repeatedly filling in personal information and entering search content. We will not use Cookies for any purpose other than those described in this policy.
15.5.2 You can manage or delete Cookies according to your preferences. You can clear all Cookies stored on your device. If the Mini Program has a Do Not Track function and you have enabled Do Not Track, then all our websites will respect your choice.
16. Announcements and Information
16.1 We have your contact details, and we may, from time to time, send you important notices through channels such as your Mini Program account. Such notices may relate to matters including but not limited to changes to this website or these Terms of Use, or changes to your account.
16.2 Once you register a user account, you shall be deemed to have agreed that we may send corresponding product advertising information, promotional offers and other marketing information to your account; if you do not agree to receive them, you may opt out through the corresponding unsubscribe function.
16.3 If you have any questions or complaints about communications from us, please contact us.
17. Assignment of Terms
17.1 We may transfer and/or assign our obligations and rights under these Terms of Sale and/or the contract to a third party. If this happens, we will notify you through "Latest News" under the "Help Center" of this website. We will ensure that your rights under these Terms of Sale and the contract are not affected, and our obligations under these Terms of Sale and the contract will be transferred to the third party, which will continue to be bound by them.
17.2 You may not transfer your obligations and rights under these Terms of Sale, as the case may be, without our express written permission.
17.3 Unless expressly stated, nothing in these Terms of Sale is intended to confer any rights on any third party, and therefore Article 465 of the Civil Code of the People's Republic of China does not apply to these Terms of Sale.
18. Law and Jurisdiction
18.1 These Terms of Sale and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of Mainland China.
18.2 If you are a consumer, you will benefit from the mandatory provisions of the laws of Mainland China. Nothing in Section 18.1 will deprive or reduce your statutory rights as a consumer.
18.3 Any dispute, controversy, litigation or claim between you and us concerning these Terms of Sale or the relationship between you and us (whether contractual or otherwise) may be brought before the Guangzhou Huadu District People's Court.