Owner Master

Terms and Conditions of Use

 

Welcome to Owner Master!

 

In order to use Owner Master’s services, you need to read and agree to the “Owner Master Terms of Use” and the “Owner Master Privacy Policy”. This Agreement is legal and binding between Owner Master and its users. It applies in default to all users and registered account holders of the Owner Master platform. Please read and understand all of the terms, especially the terms relating to exemption or limitation of liability, jurisdiction and application of law. The exemption or limitation of liability clauses may be highlighted in bold font or underlined for your special attention. You are not entitled to claim that the terms and conditions are unlawful or invalid, through the courts or any other third party, on the grounds that Owner Master has not made reasonable efforts to notify you of or (at your request) explain such terms. Unless you have read and accepted the terms and conditions contained in this Agreement, you are not entitled to use the services provided by Owner Master. By using the Owner Master platform, you are deemed to have read and agreed to the Agreement set out here.

 

I. Definitions

 

“Owner Master” means Xunchi Tech Limited, together with associated entities, and Owner Master Platform.

“Owner Master Platform” means the Owner Master Website and Owner Master mobile application operated by Xunchi Tech Limited.

“Owner Master Platform Services” mean the services provided by Owner Master on the Owner Master Platform.

“Owner Master Privacy Policy” means the privacy policy published by Owner Master on Owner Master Platform and amended from time to time.  

“Owner Master Website” means the website with the domain name www.ownermaster.com 

“Parties” means the parties to this Agreement.

“Rules” mean the relevant terms and conditions of use, and/or rules applicable to a particular service provided by Owner Master.  

“User” includes registered users and unregistered users, also referred to hereinafter as “you”. Registered users are users who have completed the registration process through Owner Master Platform and obtained a unique log on account; unregistered users are users who use Owner Master Platform Services without registration, but access Owner Master Platform directly or through other websites.

 

II. Validity of this Agreement

 

1. You are bound by this Agreement when you complete the registration process by filling in the appropriate information, read and agree to this Agreement, or when you use Owner Master Platform Services according to the applicable terms of use.

 

2. This Agreement includes the terms and conditions contained herein, the Owner Master Privacy Policy, and any and all applicable Rules. All Rules that are or will be published by Owner Master are deemed inseparable parts of this Agreement with full legal validity. Unless otherwise expressly stated, any and all use of Owner Master Platform Services is subject to and bound by this Agreement. You undertake to accept and abide by the terms of this Agreement. If you do not agree to the terms of this Agreement, you should immediately cease registration or cease using Owner Master Platform Services; if you continue to access and use Owner Master Platform Services, you shall be deemed to have accepted and fully agreed to the contents of this Agreement.

 

3. Owner Master has the right to review, amend and modify the terms of this Agreement and/or various Rules from time to time according to the requirements of New Zealand law, and/or in response to the changing requirements of its products and services. Such amendment and/or modification of this Agreement shall be publicly notified in advance via its website. If you continue to access and use Owner Master Platform Services thereafter, you shall be deemed to have accepted the Agreement in its amended form. In the event of any dispute arising, the latest form of the Agreement and/or Rules of Owner Master shall prevail.

 

III. Registration

 

1. By completing the registration process, or using the Owner Mast Platform Services according to the applicable terms of use, you confirm that you are a natural person of full legal capacity (a minor who has reached the age of 16 and who is earning his/her main income, is deemed of full legal capacity), a legal entity or other organisation. If you do not hold such legal status, you and your parent or legal guardian (hereinafter referred to as “Guardian”) shall accept all legal consequences incurred by your use of Owner Master Platform Services. In addition, Owner Master has the right to close your account and claim reimbursement from you and your Guardian.

 

2. Owner Master attaches great importance to the security around collection and use of personal information of teenagers. Owner Master suggests that minors under the age of 18 should obtain the verifiable consent of their Guardian before participating in online activities. The Guardian shall be held primarily responsible for the protection of the minor’s online privacy and cyber security.

 

3. Owner Master will provide you with a unique account number when you accept this Agreement and complete the registration process. You shall be responsible for the security of your user account, login password, payment password (if any) and verification code. You shall be responsible for any and all conduct undertaken using your account and password; Owner Master cannot and will not be liable for any loss arising from such conduct. Except for property rights attached with your account, you shall not transfer, loan, pass to or bequeath your user account, login password, payment password (if any) and verification code to any other person by any means, or exhibit or sell the same on third-party platforms, unless otherwise required by law or directed by an administrative and judicial authority, and subject to the consent of Owner Master. You shall be fully liable for any loss incurred from a breach of this term, whether such loss is suffered by yourself, Owner Master, or any other third party.

 

4. Owner Master agrees that it will not disclose your registered account, mobile phone number and/or other non-public information to any third party without legal cause, your prior consent, or in accordance with the terms of this Agreement. If you discover unauthorized use of your account, and/or your account has been compromised, you shall immediately notify Owner Master to suspend relevant services. You accept that Owner Master needs reasonable time to take action upon your request, and Owner Master will not be held liable for any consequences (including but not limited to any loss to you) incurred prior to Owner Master taking necessary action.

 

5. You shall provide legal, true and accurate personal information when registering your user account or when you use Owner Master Platform Services. You shall update all such information in a timely manner. You shall be liable for any consequences arising from illegal, untrue, and/or inaccurate personal information provided by you. In addition, Owner Master retains the right to terminate your use of Owner Master Platform Services.

 

6. You acknowledge and agree that, if you accept the terms of this Agreement and complete the registration process on Owner Master Platform, you will become a registered user of Owner Master Platform. You authorise Owner Master, its website administrator, and/or authorized third party service providers to use your personal information as submitted, together with current transaction details, to analysis, assess and review your personal trade risk.   

 

7.  You shall not register Owner Master account maliciously by any means, such as registering multiple accounts with the purpose of using for profit, speculation and/or cashing out. You shall not steal other users’ account.

 

8. You acknowledge and agree that once you have registered an user account, you are deemed to have agreed to Owner Master and/or its associated companies to send you emails, make phone calls, or send messages to the email address and/or mobile phone number provided by you, for the purpose of marketing relevant products and services, and/or notifying you of promotional offers. If you do not wish to be contacted with such information, you can unsubscribe from the service by using the unsubscribe function.   

 

IV. Owner Master Platform Services Terms of Use

 

1. You can publish various notices and information according to the Rules of Owner Master Platform. However, such information shall not contain the following contents which:

 

1) Oppose the basic principles set forth in the constitution, or incite others to resist or undermine the implementation of the constitution, laws and administrative rules and regulations;

2) Incite action against state security, divulge state secrets, subvert state power and overthrow the system;

3) Incite secession, undermine national unity and harm national honor and interests;

4) Incite ethnic discord, discrimination and undermine national unity;

5) Fabricate or distort facts, spread rumors and disturb social order;

6) Consist of political propaganda or undermine the state's religious policy, promote feudal superstition, obscenity, pornography, gambling, violence, murder, terror, and abet crimes;

7) Openly insult others or fabricate facts to defame others, or carry out other malicious attacks;

8) Damage the credibility of state institutions;

9) Otherwise violate the constitution, laws and regulations.

 

2. You shall not carry out the following while using Owner Master Platform Services:

1) Publish, transmit, disseminate and store contents that infringe upon others' intellectual property rights, trade secrets and other lawful rights, including viruses, trojans, time bombs and other contents that may damage the Owner Master system or affect its stability, and create false identities to mislead and deceive others;

2) Transmit, cause to be transmitted, or disseminate material protected by intellectual property law (including copyright or trademark law, and/or privacy law), including but not limited to images, photos, software or other files or documents, unless you own, or control the right to use, or has the necessary authority to use such material in such manner;

3) Use any material or information that contains pictures or photographs obtained through the use of “software” that infringes on the trademarks, copyrights, patents, trade secrets or other intellectual proprietary right of another party;     

4) Conduct activities endangering computer network security, including but not limited to: using unauthorized data or gaining access to unauthorized servers/accounts; without permission accessing the public computer network or the computer system of others and deleting, modifying or adding to stored information; without permission attempting to detect, scan, or test the weakness of Owner Master Platform system or network, or otherwise undermine network security; attempting to interfere or destroy the normal operation of the Owner Master platform system or website, or deliberately spreading malicious programs or viruses and/or otherwise disrupting normal network information services; using a fake TCP/IP packet name or partial name.

5) Modify or falsify commands, data and data packets run by the software, and/or add, delete or change functions or operation effects of the software, and software used for the above purposes shall not be disseminated to the public through information networks or run over such networks;

6) Without the express written authorization of Owner Master, sell, rent, lend, distribute, transfer or sublicense the software and services or related links, or profit from the use of the software and services or terms of use of the software and services, regardless of whether such use is for the purpose of direct economic or monetary gain;

7) Violate the campaign activity rules published on the Owner Master Website, including but not limited to publishing false information, cheating or conducting false transactions by other means.

 

3. You acknowledge and agree that Owner Master has the right to provide your personal information disclosed during the registration process, as well as records of your posts and publications on Owner Master Platform, to government authorities (including judicial and administrative departments), upon their request and without your consent or prior notice to you.

 

4. You agree to use Owner Master Platform Services in accordance with the following conditions:

1) In all conduct and at all material times to comply with all relevant law and regulations, and all applicable Rules of Owner Master Platform; not to violate social public interests or morals; not to harm the legitimate rights and interests of others; not to breach this Agreement and relevant Rules. You shall be personally liable for any and all legal consequences arising from any breach of this term, and you shall indemnify Owner Master against any losses, costs or expenses arising therefrom.

2) Except with lawful and full authorization, not to publish information that is prohibited by the state; not to release information that may infringe intellectual property rights or other legitimate rights and interests of others; not to release information that is contrary to public interest, public morality, public order and good customs; and not to release any other information that may be found to be illegal or in breach of this Agreement and relevant Rules.

3) No to use any data on Owner Master Platform for commercial purposes, including but not limited to copying and disseminating the data displayed on Owner Master Platform in any way without the prior written consent of Owner Master.

4) Not to use any device, software or routine to interfere with or attempt to interfere with the normal operation of Owner Master Platform, or any campaign activities being run on Owner Master Platform. You shall not carry out any conduct that would result in unreasonably large data loads on Owner Master Platform network devices.

 

5. You acknowledge and agree that:

1) If you breach the terms of use set out above, Owner Master has the right to take any necessary action in response or terminate the services provided to you in accordance with the provisions of this Agreement without your consent or prior notice.

2) Whether based on administrative guidance or at its own discretion, Owner Master has the right to determine if your conduct is suspected of violating relevant laws and regulations, or of breaching the terms of this Agreement or relevant Rules. In the event of finding violation / breach by you, Owner Master has the right to take any necessary action in response, including but not limited to directly blocking or deleting any infringing information, reducing your credit rating or immediately terminating its services. You shall indemnify Owner Master against any loss and/or expenses (including reasonable legal fees) incurred by Owner Master, or arising from any claim from any third party against Owner Master, or arising from administrative disciplinary action taken against Owner Master, as a result of your conduct.

3) Owner Master has the right to determine, at its sole discretion, if your conduct on Owner Master Platform, or your other conduct (although not carried out on Owner Master Platform but which has had actual impact on Owner Master Platform and its users), has breached the terms of this Agreement or relevant Rules, and take any necessary action in response. You shall retain all evidence related to your conduct and bear any and all adverse consequences if you fail to provide sufficient evidence.

4) You shall be personally liable to any third party for their losses arising from your conduct in breach of the above terms of use. You shall indemnify Owner Master against any loss, costs or expenses arising from such conduct.  

 

V. Scope and limitation of liability

1. Owner Master is responsible for providing you with Owner Master Platform Services. However, Owner Master makes no warranty, express or implied, whatsoever as to the suitability for purpose, no error or omission, continuity, accuracy, reliability, and/or suitability for a particular purpose of Owner Master Platform Services. Neither does Owner Master make any warranty as to the validity, accuracy, correctness, reliability, stability, integrity and timeliness of the technology used and/or information provided by Owner Master Platform Services.

 

2. Owner Master provides you with Owner Master Platform Services. You acknowledge that the information on Owner Master Platform is user-published. Due to the massive volume of information, Owner Master Platform cannot eliminate all possible risks and defects. You should carefully determine the authenticity, legality and validity of the relevant information, and take care to preserve any relevant evidence in support of rights protection. Where possible, you should follow the recommended transaction process provided by the website.   

 

3. Owner Master Platform, like other internet websites, is affected by adverse content, network security and network failure, including but not limited to:

1) Fraudulent or false information published by other users, or contents that contain abusive language, cursing, defamation or personal attacks, obscenity, pornography, lewdness, insurrection or inciting ethnic hatred, which are repugnant or disgusting, or unlawful;

2) Pictures, photos, text and/or other material published by other users, that infringe your or other third party's intellectual property rights, portrait rights, name rights, reputation rights, privacy rights and/or other legitimate rights and interests;

3) Hacker attacks, computer virus, system crash, network offline, slow network speed, software defects and other such problems and threats;

You fully acknowledge and agree that such adverse content, network security and network failure is not caused by Owner Master or Owner Master Platform. You use Owner Master Platform at your own risk. Owner Master is not liable for any emotional harm such as feelings of disgust, nausea, vomiting, or any other losses suffered by you due to such events.

 

4. You shall promptly notify Owner Master when you find any content on this website that is unlawful, or in breach of this Agreement. If you that your personal information has been stolen, or your copyright or other rights have been infringed, please notify Owner Master and provide the following information:

1) The URL, code or other details that can locate the information infringing your rights;

2) Evidence of your authority as copyright holder or holder of any other infringed rights; 

3) Your contact information including contact name, address, phone number and email address; and

4) A photocopy of your ID, business license and/or other related information.

Where the report has been verified, we will delete the infringing content promptly. Owner Master accepts only written notice of infringement by mail, email or fax. In case of emergency, you can notify us through the customer service phone number in the first instance, and we will take action accordingly.

 

5. You acknowledge and agree that Owner Master shall not be liable for losses or damages or injury (including in contract, for negligence or otherwise) arising from any of the following circumstances, including but not limited to liability in any way to any person or entity for any losses or damages (whether direct or consequential) or injury under health and safety law, losses in profit, business reputation, data or other intangible losses:

1) Using or inability to use Owner Master Platform Service;

2) Unauthorised use of your account, or alteration of your data, by a third party;

3) Costs or losses arising from the purchase or obtaining of any product, goods or services supplied or offered or advertised, sample, data or information through Owner Master Platform Services or your use or reliance on any information provided on the Owner Master Platform or such similar acts;

4) Your misunderstanding of Owner Master Platform Services;

5) Any other losses arising from Owner Master Platform Services that are not caused by Owner Master.

 

6. When you use the products or services provided by third parties on Owner Master Platform, in addition to the terms of this Agreement, you will also be subject to any agreement with the relevant third party. Owner Master excludes any liability in any way to any person or entity for damages in respect of or arising out of any reliance, in part or full, by such person or entity or by any other person or entity, upon any of the contents of Owner Master Platform for any purpose.

 

7.  You agree that the manner and extent to which promotional or marketing information (including business and non-business information) from Owner Master or third-party service providers are displayed on Owner Master Platform may be changed without special notice to you. Except as expressly provided by laws and regulations, you are solely responsible for any transactions conducted in accordance with the promotional information. Owner Master shall not be liable for any losses or damages suffered by you arising from transactions based on the promotional information or the content provided by the third party service provider.

 

8. Owner Master is exempt from liability for the following acts of force majeure: non-performance or delayed performance caused by normal maintenance of information network hardware, information network connection failure, computer, communications or other system failures, power failures, strikes, labor disputes, riots, insurrection, riots, productivity or insufficient production resources, fire, flood, storm, explosion, war, state action, directives from judicial administrative institutes, or non-performance by third parties.

9. You shall strictly abide by this Agreement, all relevant Rules, and any other campaign activity rules published by Owner Master. You shall be solely liable for any losses suffered by Owner Master or any third party arising from your breach of this Agreement or any relevant Rules.

10. To the extent permitted by applicable New Zealand law, Owner Master reserves the right to refuse services, close user accounts, delete or edit content, or cancel orders, at its sole discretion.

 

VI. Termination of Agreement

 

1. In the event of a security concern arising over Owner Master Platform Services, Owner Master has the right to discontinue some or all of Owner Master Platform Services, and/or temporarily suspend your account, until the security concern has been resolved. Owner Master will notify you of the discontinuation, suspension and reactivation in a timely manner. If the security concern is caused by unlawful conduct on your part, Owner Master has the right to terminate some or all of the Owner Master Platform Services provided to you, permanently delete your account, and claim losses and damages against you.

 

2. In the event of an objection to any changes to this Agreement, or dissatisfaction with the services of Owner Master, you may take the following actions:

1) Cease using Owner Master Platform Services; and

2) Notify Owner Master, through its customer service channels, to discontinue its services. Your right to use Owner Master Platform Services will terminate immediately. In the event of termination under this clause, Owner Master has no obligation to transfer any unprocessed information or provide incomplete services to you or any third party that has no direct relationship with you.

 

3. Owner Master shall have the following rights on termination of your contractual relationship with Owner Master:

1) Retain all your registration information that remains undeleted, and all the information that you published during the period you used Owner Master Platform Services, until the expiry of the record retention limitation period provided by law.

2) Owner Master may still claim against you or hold you liable for any unlawful conduct or conduct in breach of this Agreement and/or relevant Rules during the period you used Owner Master Platform Services.

 

VII. Privacy policy

 

1. Owner Master shall publish and amend from time to time the Owner Master Privacy Policy on Owner Master Platform. The Owner Master Privacy Policy is a valid and effective part of this Agreement.

 

2. You acknowledge and undertake to abide by the Owner Master Privacy Policy when using the Owner Master's services.

 

3. Owner Master requires all search engines to comply with industry standards, being the "Robots Exclusion Standard". Any crawling behavior will be viewed as an infringement to our website property rights and intellectual property rights. We reserve the right to protect the interests of Owner Master through legal proceedings.

 

VIII. Intellectual property rights statement

 

1. "Owner Master" is the trademark of Owner Master and its associated companies. It is protected by law. Any unauthorized use of the trademark or any other infringement of Owner Master's intellectual property rights will be investigated and prosecuted.

 

2. Information published on Owner Master Platform (including but not limited to code, text, chart, logo, button icon, image, sound file fragment, digital download, data editing and software) are the property of Owner Master or its content provider, and are protected by New Zealand and international copyright laws. The compilation of all content on Owner Master Platform is the exclusive property of Owner Master and is protected by New Zealand and international copyright laws. All software on Owner Master Platform is the property of Owner Master or its associated companies or its software suppliers, and is protected by New Zealand and international copyright laws. Except with the express written authority of Owner Master, no third party may acquire or use any part of the Owner Master Website, or any content, services or materials obtained directly from or indirectly through the Owner Master Website, for any non-private or commercial purpose. In the event you breach the provisions of this Agreement by publishing, copying, reprinting, changing, quoting, linking, downloading or otherwise using any part of Owner Master Website, or by providing any other third party with access to any content of Owner Master Website, then your right to use the Owner Master Website will be terminated immediately, and any third party must, at the request of Owner Master, return or destroy any and all copies of the materials created by using any part of the content of Owner Master Website.

 

3. Upon acceptance of this Agreement, User agrees to transfer irrevocably and exclusively all copyright and any other transferrable property rights in any and all information and content you publish on Owner Master Website at all material times. Such transferrable property rights include but are not limited to the right to reproduce, distribute, rent, exhibit, perform, project, broadcast, communicate over information network, film, edit, translate, compile, and all other transferable rights enjoyed by the copyright owner. This clause applies to all information and content published by User on Owner Master Platform, including but not limited to user evaluation, user enquiries, topic articles and other such content. User agrees that Owner Master has the right to bring an independent claim against any entity for infringement of those rights. 

 

4. This Agreement constitutes a written agreement for the transfer of copyright under the New Zealand Copyright Act 1994. It applies to any and all works published by User on Owner Master Platform that is protected by copyright law, whether such works is published before or after this Agreement comes into force between the Parties.

 

5. User agrees and fully accepts the terms of this Agreement, and undertakes not to publish, or authorise any third party to use in any manner (including but not limited to use on various websites and/or media), information published by the User on Owner Master Website.

 

6. The information or content published by User through Owner Master Platform does not represent the opinion or views of Owner Master, nor does it mean that Owner Master agrees with the opinion published or confirms the authenticity its content. Owner Master has the right to delete any and all information or content on the the website that is unlawful or in breach of the terms of this Agreement, without notification to the User.

 

7. Information, text, pictures and other materials published by User through Owner Master Platform are all provided by the User. The information publisher is responsible for the authenticity, accuracy and legitimacy of the information published. Owner Master does not provide any warranty nor assume any legal responsibility. If the published materials violate the intellectual property rights or other rights of a third party, the information publisher shall be held liable, not Owner Master.

 

8. Unless otherwise required by law, no entity or individual shall illegally copy, disseminate, display, mirror, upload, download, reprint, quote, link, crawl or use the information content of Owner Master Website, in whole or in part, without express written authorisation from Owner Master. Unless authorisation has been obtained, Owner Master has the right to pursue its legal rights against the infringing entity / individual.

 

9. The following contents of Owner Master Platform shall not be reproduced:

1) All information published on the platform;

2) Content that includes a statement prohibiting reproduction or prohibiting reproduction without authorisation;

3) The graphics, logo, page style, design and software programme unique to the platform;

4) Content that can only be disclosed subject to special authority or to registered users; and

5) Content that cannot be lawfully reproduced, or content which Owner Master considers to be unsuitable for reproduction.

 

10. Owner Master shall not be liable for any losses arising from dispute related to improper quoting of content published on the Owner Master Website. Owner Master reserves the right to legally pursue those Users who do not comply with this intellectual property rights statement, or those who use Owner Master Website content in an unlawful and malicious manner.

 

11. Owner Master owns the copyright to its intellection property statement, together with the right to modify, update and interpret such statement (to the extent permitted at law).  

 

IX. Application of law, jurisdiction and other terms

 

1. The preparation, coming into effective, interpretation, amendment, supplement, termination, execution of and dispute resolution under this Agreement shall be governed by the laws of New Zealand; in the absence of relevant legal provisions, reference shall be made to general international business practices and/or industry practices.

 

2. In the event any provision contained in this Agreement shall be deemed void, invalid or unenforceable, the remaining provisions of this Agreement shall continue to be valid and enforceable.

 

3. Any dispute arising out of this Agreement shall be settled by negotiation between you and Owner Master. If no agreement can be reached through negotiation, it shall be dealt with in accordance with the laws of New Zealand.

 

To safeguard the interests of netizens and associated rights holders, Xunchi Tech Limited has, by way of public notification, provided robust and convenient online and offline complaint channels (including but not limited to contacting Owner Master through exclusively assigned customer service representative, the special unlawful content reporting telephone number at the bottom of the Owner Master Website, and/or via the help centre webpage on the Owner Master Website). Please note that, due to considerations of fairness towards all network users, and to ensure complaints are processed in a timely manner (and to avoid complaint emails being filtered out as spam), Xunchi Tech Limited does not accept infringement notices made by personal email sent to individual employees of the company; nor will it give priority to any infringement notice received in such a manner.