Before using the service, you need to read this agreement carefully. If you have objections to any clause in present agreement or clauses that might be amended or added at any time in the future, you can choose not to register, log in or use this service. Once you have registered or logged on Elinking, that means you have read and accepted this agreement, and this agreement will have legal effects on both parties immediately.
Detailed agreement reached by Elinking and users is as follows:
1. Definition and confirmation items
‘Elinking’ refers to China-ASEAN Information Harbor Co., Ltd. and related parties as well as Elinking App platform
‘Products’ refer to all kinds of domestic and overseas data traffic (including data roaming), voice service and SMS, etc., which are purchased and used by users. The resource is provided by companies with qualifications in mobile communication (telecommunication) operation, and Elinking is in charge of providing sales platform and propaganda. The platform provided by Elinking is used for product display, recommendation and sales. It is also convenient for the product billing settlement between users and operators. As a result, users will ultimately use mobile communication service provided by telecom operators. Due to the differences of products settings, the service might be data traffic (including data roaming), voice, SMS or both.
‘Operators’ refer to both domestic and overseas companies with qualifications of mobile communication operations which comply with local laws and regulations. The operators can be the direct or indirect cooperation partners of Elinking.
‘Agreement validity period’ refers to the duration from the first time users log in till the account cancellation.
Users confirmation items
1.1 If you have any questions on this agreement, you can contact with us through APP, email or consumer hotline.
1.2 If you continue to use Elinking service after the agreement takes effect, it means that you agree with the changed agreement, and you will use the Elinking service based on the changed agreement.
1.3 If you are the person without capacity for civil conduct or the person with limited capacity for civil conduct, please inform your guardian, you shall read this agreement and use related payment service provided by this application under the guidance of your guardian. If you are non-natural person, please make sure that your decision to sign and perform this agreement is free from the laws and regulations of the areas that you belong to, live in or carry out the business activities, etc.
2. Application
2.1 Users can browse products, register and buy products through Elinking APP.
2.2 During the process of registration, login and products purchase, users may be required to upload the following materials:
1. Personal ID card or passport, etc.
2. Other valid documentations that can prove your identification information
3. Other reasonable and valid information required by Elinking
2.3 Elinking users shall do the real-name registration
2.4 Elinking has no obligation to check out the authenticity of the information filled in or uploaded by users.
3. Confidentiality and use of users’ information
3.1 According to national laws and regulations, users shall provide real and valid personal information when purchasing this product. Within the validity period of this agreement, user should give an early notification to Elinking when changing users’ information. If the information provided by users is incomplete, unreal or invalid, Elinking has the authority to suspend or terminate product provision, and cancel the agreement and other agreements signed with this user immediately. If there is loss caused by users’ false or stolen information, users shall take full responsibility
3.2 Elinking should keep users data confidential based on the law, but users give authority to Elinking to use the involved user information in the agreement in order to build a better communication channel between users and Elinking, improve the service and promote the products, etc.
3.3 If users break the law or regulations when using products, or under the requirements of the public security bureau, procuratorate, court, customs and tax authority, etc., Elinking has the authority to provide users information.
3.4 Users verification code is the identification certificate when users handle related business or purchase products, any behavior that use user verification to order, change and cancel will be viewed as user-authorized.
3.5 User account, verification code is important information of users, it can’t be transferred, borrowed, given away, inherited or given authority to other person to use your own verification, if any loss is caused by this reason, the users shall take full responsibility. If any loss is caused because verification code is acquired by other people, or user is attacked or swindled because of users’ own reason, user shall take full responsibility, and Elinking takes no compensation liability. If there is an infringement of the third party, users can claim compensation from the infringer through administration department and justice department, etc.
4. Products using
4.1 Users have the rights to choose the products provided by Elinking independently, and to choose to get permission to access the Internet, and also to choose the terminals matched with products
4.2 Users shall comply with national laws and regulations when using products. Users shall not use the product to carry out illegal activities, crimes, and other behaviors that infringe others’ lawful rights
4.2.1 Users should comply with local laws, regulations and show respect for the local moralities and customs when using products. If users violate local regulations, morals and customs, users should take full responsibility.
4.2.2 Users shall not use products in the following ways
(1) use products through software that is disapproved by Elinking, including plug-in software, crack software, etc.
(2) cause or may cause heavy load to the products which is unreasonable or disproportionate by any ways
(3) interfere or try to interfere the normal functions of products by any ways
4.2.3 Elinking can delete and block the following information, and terminate to provide products for users if users have the following behaviors
(1) information that threatens the national security and reunification, social stability, public order and good custom, information of humiliation, defamation, obscenity, violence, and any other information that violates national laws and regulations.
(2) information that infringes others’ intellectual property, commercial secrets and other legal rights
(3) Maliciouly fictitious information that is misleading and deceptive
if any damage to the third party is caused because users deliver the information above, users shall take full responsibility independently. If Elinking also suffers a loss, it has the authority to claim compensation from users
4.2.4 users shall not use products or communication service provided by Elinking to carry out the following activities unless it is permitted or the written authorization is granted from Elinking
(1) to delete the information about the copyright in the software or transcript
(2) to reverse engineer, disassemble, decompile the software, or by any other ways to find out the source code of the software
(3) to use, rent out, loan out, copy, modify, reprint, assembly, publish the contents of which Elinking have intellectual property, establish mirror image website, etc.. ; to copy, modify, increase, delete, mount the necessary system data for the operation of communication terminals, or create, publish and spread any derivative work, including but not limited to use plug-in or the third-party tools which is unauthorized by Elinking to access to this service and related system
(4) to increase, delete and change the function or operation effects by changing or forging the instructions and data used in software operation process, or to operate and spread the software and methods mentioned above, no matter whether these activities are for commercial purposes or not
(5) other behaviors that are not authorized by Elinking
4.3 Users conduct related formalities and transfer all or part rights of this agreement to the third party (transfer or give away the account to the third party) without the consent of Elinking, will exert no legal effects on Elinking. Therefore, users shall take full responsibility for the loss
4.4 Elinking shall announce users’ consumption points and usage rules in time. Users can enjoy the integration service and VIP service according to the integration usage rules
5. Products Purchase and Use
5.1 The product is only available with full functionality upon purchase
Notification of Elinking: if the products can’t be used normally because of delayed payment, Elinking takes no responsibility.
5.2 users have obligations to read access network protocol and detailed information of products carefully before purchasing. The service, performance, and validity period of products are subject to related access network protocol or detailed products information
5.3 users shall make right and reasonable use of products purchased
5.4 Communication cost produced in the process of products using is recorded by the charge system provided by Elinking, and it is viewed as basis of payment for both parties. The settled currency might be RMB, dollars and others. Specific settlement currency is subject to the detailed information in ordering pages
5.5 users can purchase products by transferring accounts on the third party platform or bank transfer. Users can also deposit cash into registered account to order or preorder products. Elinking suggests that users can prepay according to the practical product demands. Users know and acknowledge that if you use the payment service of the third party platform, you shall comply with the agreement and regulations of that third party platform. If users violate the agreement and regulations above that leads to any dispute, lawsuit and loss, Elinking takes no responsibility for that.
6. Products quality and accessorial service
6.1 Elinking shall release the specific product information on the APP platform. Users are clearly aware of that the products quality is different because of operator authorization, service level, locations, etc., and Elinking shall not be held responsible for the products quality by users.
6.2 operators shall follow the fair use doctrine of telecom industry, which means that all users have the fair or same level to access to telecom Internet service, and they also shall guarantee that they will not abuse the operator network and influence other users’ experience. If the user has the unfair behaviors in using data traffic, such as abused, misuse or waste, etc., which has influenced others’ experience, operators shall have the right to control the usage or directly terminate the provision of roaming service to the user who has the unfair behavior when it’s necessary according to the fair use doctrine, so as to ensure the operator can provide normal roaming service for all users.
6.3 Elinking provides supplementary services, such as product consulting, obstacles complaint, through customer service hotline, emails, APP platform, etc.. Elinking shall negotiate with operators to repair and improve the products as soon as possible if there are any problems on products quality.
6.4 users take charge of the setup, adjustment, maintenance of their own terminal equipment.
7. Termination and recission
7.1 users conduct account cancellation procedures only after they pay off all the expenses and the penalty, unless otherwise agreed upon. After users close their accounts, this agreement shall be terminated
7.2 Elinking can suspend providing products for users if users have the following circumstance:
(1) without legal qualification or conditions
(2) the information provided by users is unreal or invalid
(3) the terminals that users use haven’t got the permission to access to the network, or the terminals might have influence on network security or network service quality
(4) users change the products nature without conducting any necessary formalities
(5) other situations defined by laws and regulations that Elinking can stop providing products
7.3 Elinking can terminate providing products for users under following circumstance:
(1) users information is unreal or invalid, and after the notification from Elinking, users still refuse to provide real and valid information
(2) users use the products for illegal business operation or activities
(3) other situations defined by laws and regulations that Elinking can stop providing products
7.4 if users violate relevant laws and regulations, including local laws and regulations, or if there are requirements from the government or judicial department, Elinking has the right to suspend or terminate providing products.
8. Force majeure and liability exemption
8.1 Elinking shall not take responsibility for the unusable products caused by such factors as wars, riots, terrorism, natural disaster, strike, government action, the laws or regulations change in China or areas where the products is used, network security, incomplete coverage of network, power failure, damage of communication lines, etc.
9. Dispute resolution
9.1 the making, taking effects, interpretation, amendment, supplement, termination, execution and dispute resolution of this agreement all apply to the laws of mainland of the People’s Republic of China. Dispute caused by this agreement should be settled based on the laws of the People’s Republic of China, and administered by the local courts where the company is located. If the law has no relevant regulations, it shall be settled according to the business practice
9.2 if any clause in this agreement is viewed as revocatory, invalid or unenforceable, this clause shall be regarded as separable and has no influence on the validity and enforceability of the rest terms.
10. Supplementary articles
10.1 Elinking reserves the right to adjust the products function, operation method and available communication numbers caused by technical progress or the change of national communication policy.
10.2 Users agree that clauses listed in this agreement can’t cover all the rights and obligations of users and Elinking. The statement, policy, rules announced by Elinking and upgraded contents in this agreement are viewed as the supplemental agreement. It is inseparable with this agreement and has equal legal effects as the original one. Elinking can inform users through phone calls, APP platform, information push, Internet, etc., and users understand and agree that Elinking takes no obligations of notification. Users shall pay attention to the upgraded information in time. If users continue to use the service, it will be regarded that users agree with the supplementary agreement above.
10.3 China-ASEAN Information Harbor Co., Ltd. reserves the right to interpret and amend this agreement