WeChat Official Account Admin Platform Service Agreement
Introduction
Welcome to the WeChat Official Account Admin Platform!
To use the WeChat Official Account Admin Platform, please read and observe this WeChat Official Account Admin Platform Service Agreement ("Agreement") together with the WeChat Terms of Service (including without limitation the WeChat Acceptable Use Policy, Privacy Policy and Cookies Policy, all of which form part of this Agreement.
You are advised to carefully read and fully understand all terms and conditions, in particular, terms and conditions on exemption of or limitation to liability, and separate agreements for activation or use of special services.
Unless you have read and accepted all terms and conditions of this Agreement, you have no right to use the WeChat Official Account Admin Platform Service (including WeChat Official Account) ("Service"). By logging in, accessing to or disseminating information through this Service, you shall be deemed to have read this Agreement and agree to be bound by it.
If you are under 18, please read this Agreement in the presence of your legal guardian and pay special attention to the clauses in the WeChat Terms of Service on use of this Service by a minor.
1 Scope of the Agreement
1.1 This Agreement is entered into between you and AD ONE in respect of your use of the WeChat Official Account Admin Platform Service. You may also be required to accept additional service terms by our other operating affiliates as appropriate for relevant services. "User" or "you" means an individual or organization that registers, logs into or uses the WeChat Official Account. "Other User" means a user of the WeChat Official Account Admin Platform Service other than the User, including among others, subscribers and other WeChat Official Account users. "WeChat Official Account" refers to both Subscription Account and Service Account.
1.2 This Service is a cooperative promotion business for individual or enterprise users launched by WeChat and AD ONE. The User, after registering for a WeChat account, may conduct brand promotion activities through the WeChat Official Account Admin Platform. A WeChat user shall, after subscribing to a WeChat Official Account, become a subscriber of that WeChat Official Account. The WeChat Official Account may release information to and interact with its subscribers through the WeChat Official Account Admin Platform.
1.3 This Agreement shall include the WeChat Terms of Service (including without limitation the WeChat Acceptable Use Policy, Privacy Policy, and Cookies Policy). When you use a specific service of the WeChat Official Account Admin Platform, such service may have special statements, relevant service rules and published guidelines ("Special Rules"). The abovementioned information, once issued, shall become an integral part of this Agreement, and you shall comply with the same. Your acceptance of any Special Rules shall be deemed your acceptance of the entirety of this Agreement.
2 Account Registration and Authentication
2.1 Prior to using this Service, you are required to register for a WeChat Official Account, which may be either a Subscription Account or a Service Account. Subscription Accounts are targeted at individual and corporate users that wish to broadcast daily messages to subscribers through the account. Service Accounts are targeted at corporate users requiring added functionality allowing implementation of service platforms to provide various services to other users through the account. The WeChat Official Account can be registered by linking through a QQ number or email account. AD ONE shall have the right to make any changes to the account registration or linking method as required by the needs of the User or products. For specific rules relating to your use of the account, please comply with the QQ Numbers Policy, service agreements for the relevant accounts and relevant Special Rules issued by WeChat.
2.2 The User may apply for WeChat authentication in respect of the WeChat Official Account after satisfying certain requirements. AD ONE will not independently verify the authentication information. The authentication process shall be completed automatically by an authentication system. The User shall be solely responsible for the truthfulness, legality, accuracy and validity of the authentication information and AD ONE shall not be liable for such information. The User shall be liable for any damage suffered by AD ONE or any third party for losses arising from inaccurate authentication information supplied by the User in accordance with applicable laws.
3 Protection of Personal information of User
3.1 During the application process for this Service, you will be asked to fill in some required information. Please keep this information true, accurate, legal, valid and updated in a timely manner, so that AD ONE may provide prompt and efficient assistance and provide you with better service.
3.2 AD ONE and the User shall jointly strive to protect personal information, and protection of personal information is a basic principle of AD ONE. Without your consent, AD ONE will not disclose any of your personal information to any company, organization or individual other than WeChat except otherwise required by law or regulation.
3.3 You shall fully respect personal information of any person that may be understood, received or accessed through this Service including but not limited to personal information of Other Users. You shall not collect, duplicate, store, disseminate or use personal information of Other Users in any manner, and you shall be solely liable for any damage arising from such actions.
4 Scope of Platform Content
4.1 The platform content referred to herein means any information produced, duplicated, released and disseminated by the User in the process of using this Service, including but not limited to registered information and authentication information such as profile picture, name, user specifications, etc. of the WeChat Official Account, or information transmitted, replies or auto-replies such as texts, voice, pictures, videos or images, and relevant linked pages, and other content produced from the use of the Service.
4.2 You must not produce, duplicate, release or disseminate the following content by using the Service that will interfere with the normal operation of the WeChat Official Account AdminPlatform, and infringe on the legitimate rights and interests of any Other User or third party:
(1) content that contains any explicit or implicit sexual message;
(2) harassing or spam advertisements or information;
(3) content that involves others’ privacy, personal data or information;
(4) content that infringes on others’ legitimate rights and interests such as right of reputation, image right, intellectual property rights and trade secrets;
(5) other content that interferes with the normal operation of the WeChat Official Account Admin Platform and legitimate rights and interests of any Other User or third party;
(6) any other content that breaches the WeChat Terms of Service (including without limitation the Acceptable Use Policy).
5 Rules for Platform Use
5.1 Platform use referred to herein means any conduct relating to the use of this Service by the User, including but not limited to registration, login, application for authentication, operation and promotion of account, and other conduct relating to use of the Service.
5.2 You must not engage in the following conduct when using the Service:
(1) submit or disseminate false information, or impersonate any person or use another person’s name;
(2) compel, persuade or induce Other Users to pay attention to or click into any page or share any information;
(3) fabricate facts or conceal truth to mislead or defraud others;
(4) infringe on others’ legitimate rights and interests such as right of reputation, image right, intellectual property rights or trade secrets;
(5) submit WeChat authentication information that is inconsistent with your registration information or engage in promotional activities that are unrelated to your public profile as shown in your registration information;
(6) conduct promotional or cross-promotional activities on third party platforms using other WeChat Official Accounts, WeChat Accounts and any functions thereof without written authorisation from AD ONE;
(7) use plug-ins, or other third party tools and services without written permission of AD ONE for accessing this Service and the related system;
(8) engage in any illegal or potentially illegal (as determined by WeChat or AD ONE) criminal activities by using the Service;
(9) produce or publish methods or tools to perform the abovementioned prohibited conduct; or implement or disseminate such methods or tools, whether or not it is for a commercial purpose;
(10) any other conduct that violate laws, rules and regulations, infringe on legitimate rights and interests of Other Users, or interfere with the normal operation of products or conduct that is not explicitly authorized by WeChat or AD ONE;
(11) breach (or engage in any activity that encourages any person or entity to breach) the WeChat Terms of Service (including without limitation the Acceptable Use Policy).
6 Account Management
6.1 Any WeChat account or WeChat Official Account you open with AD ONE is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your WeChat Official Account. Your account name, user ID and other identifiers you adopt within our services remain the property of AD ONE and AD ONE can disable, reclaim and reuse these once your WeChat Official Account is terminated or deactiviated for whatever reason by either you or WeChat or AD ONE.
6.2 The User shall be responsible for properly safeguarding the registered account information and account password, and shall be liable for any conduct or use under the registered account and password. The User agrees not to disclose information of account or password to others under any circumstances. You shall notify AD ONE immediately if you know or suspect your account or password has been compromised.
6.3 The User shall comply with all terms of this Agreement, and use this Service in a proper and appropriate manner. If the User violates any terms of the Agreement, AD ONE shall have the right to terminate all services to the defaulting WeChat Official Account in accordance with this Agreement.
6.4 When registering your WeChat Official Account, the system will automatically match you to a WeChat number. You may reset the WeChat number once. Once the WeChat number has been reset, no further change can be made.
6.5 If you register for a WeChat Official Account and do not log into such account for an extended period of time, AD ONE shall have the right to recover such account to ensure efficient use of resources. Any consequences arising therefrom shall be borne by the User.
7 Storage of Data
7.1 Subject to the WeChat Privacy Policy and any other applicable laws and regulations, AD ONE shall not be liable for any deletion, failure to store or deletion of your data in this Service.
7.2 AD ONE shall have the right to, amongst other things, determine at its sole discretion the maximum data storage period and the maximum server space for data storage allocated to a single User of this Service according to actual circumstances. You may back up the relevant data in this Service in accordance with your needs.
7.3 Subject to the WeChat Privacy Policy and any other applicable laws and regulations:
8 Risks and Other Exclusions
8.1 You understand and agree that the WeChat Official Account Admin Platform is only a platform for users to share, disseminate and access information. You shall assume all liability for any conduct carried out under your registered account, including the truthfulness, legality, accuracy and validity of any content submitted, uploaded, transmitted or displayed by you, and the consequences arising from your use of the Services. You shall rely on your own judgment regarding the content in the WeChat Official Account Admin Platform and assume all risks arising from the use of such content, including risks from reliance on the truthfulness, legality, accuracy and validity of the content. AD ONE does not and will not assume responsibility for any loss or other liabilities arising from the conduct of the User. AD ONE is also not responsible for any loss or other liabilities arising from the User’s reliance on content from Other Users on the WeChat Official Account Admin Platform.
8.2 You understand and agree that, for the purpose of business development, AD ONE unilaterally reserves the right to change, suspend, restrict, terminate or revoke all or part of the service content of this Service at any time without notice, and the risks so incurred shall be borne by the User.
9 Intellectual Property Rights Disclaimer
9.1 Intellectual property rights of all information provided by AD ONE in this Service (including but not limited to webpage, texts, pictures, voice, video, tables and charts, etc) shall belong to AD ONE, but intellectual property rights of any content arising from the use of this Service shall belong to the User or the relevant owner.
9.2 All intellectual property rights in or to this Service and any software used to provide this Service (including any future updates, upgrades and new versions) does and will continue to belong to AD ONE and its licensors. Except as expressly provided under this Agreement or the WeChat Terms of Service, you shall have no right to use AD ONE or WeChat or any of its affiliate companies’ intellectual property rights. For the avoidance of doubt, you agree to comply with the WeChat Terms of Service, in particular the terms set out under the heading "Our Intellectual Property Rights".
9.3 All intellectual property rights in AD ONE or any of its affiliate companies’ names, brands, marks, logos or designs does and will continue to belong to AD ONE and/or its affiliate companies.
10 Liabilities
10.1 If AD ONE discovers or receives any reports or complaints of any breach of this Agreement (including without limitation the WeChat Terms of Service) by the User, AD ONE shall have the right to delete the relevant content at any time without notice, and, after considering the incident, take appropriate actions in relation to the defaulting account including but not limited to issuing warnings, deleting part or all of the subscribers, restricting or prohibiting the use of all or part of the functions or closure of account until cancellation, and announce particulars of actions taken. For WeChat account authentication in addition to the above actions, AD ONE shall also have the right to cancel a WeChat account authentication registration and, depending on the circumstances, temporarily or permanently block the relevant account from qualifying for authentication.
10.2 You understand and agree that AD ONE may be required to retain or disclose content that you submit, upload, transmit or display in connection with your use of the Service in order to comply with applicable laws or regulations, or in order to comply with a court order, subpoena or other legal process, or we and our affiliate companies may disclose such content in response to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere). You also agree that we may need to disclose such content in order to enforce this Agreement, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of our services.
10.3 You understand and agree that you shall indemnify and hold harmless AD ONE and its cooperating partners or affiliates, officers, employees, agents, associates and other related parties against any damage, demands or loss, including reasonable legal costs, claimed by any third party arising from or as a result of your breach of the requirements of the Agreement or any relevant terms of this Service.
11 Effectiveness and Variation of the Agreement
11.1 By using this Service, you shall be deemed to have read this Agreement and agree to be bound by it.
11.2 AD ONE shall have the right to amend the terms of this Agreement from time to time.
11.3 If you continue to use the Service after amendment to the terms of the Agreement, you shall be deemed to have accepted the amended Agreement. If you do not accept the amended Agreement, you must stop using the Service.
12 Miscellaneous
12.1 Except to the extent that: (i) any applicable additional terms incorporated into this Agreement provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court), the terms of this Agreement and any dispute arising out of or in connection with these terms will be governed by the law of the Hong Kong Special Administrative Region.
12.2 Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with the terms of this Agreement, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be in Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
12.3 Headings of all clauses of the Agreement are inserted for ease of reference only and have no real meaning, and shall not serve as a basis for interpretation of the Agreement.
12.4 If any clause of the Agreement is partially invalid or unenforceable for whatever reason, the remaining clauses shall remain valid and binding on the Parties.
12.5 This Agreement may be translated into different languages. Where there are any discrepancies between the different language versions, the English language version shall prevail.
