In order to use the overseas warehousing and logistics services provided by Elogistic, customer will sign a service agreement with Elogistic (hereinafter referred to as the "service agreement") and deliver goods or packages to Elogistic. If the goods delivered by customer to Elogistic are suspected of infringing the intellectual property rights of the third party, the customer may be subject to an infringement claim or lawsuit by the holder of the intellectual property right or the buyer; relevant goods may be detained or confiscated by the customs of the exporting or importing country, and the customer may be fined; If a crime is constituted, the customer may be prosecuted for criminal responsibility according to law.
I. Elogistic’s Rules for Handling the Suspected Infringement of Intellectual Property Rights of Customers' Goods
1. Customer shall neither deliver goods or packages suspected of infringing the intellectual property rights of the third party to Elogistic, nor use the overseas warehousing and logistics services provided by Elogistic to engage in any act related to infringing the intellectual property rights of the third party.
2. In order to check whether the customer's goods are suspected of infringing the intellectual property rights of the third party, Elogistic has the right rather than the obligation to conduct formal examination on the goods information declared by the customer, and may open the package of the customer. The customer promises and guarantees that the goods will not infringe the intellectual property rights of the third party and Elogistic doesn’t have the above obligations. Elogistic’s act of receiving and providing warehousing and logistics services for customers' goods shall not be regarded as the Elogistic’s affirmation on whether the goods infringe or not.
3. If Elogistic finds that the customer's goods are suspected of infringing the intellectual property rights of the third party through self-inspection, Elogistic has the right to unilaterally suspend the service or take other measures in accordance with the service agreement.
4. When a third party complains that the customer's goods are suspected of infringing the third party's intellectual property rights, Elogistic has the right to unilaterally take measures against the customer to suspend the service, terminate the contract, close the delivery account or other measures as agreed in the service agreement, including but not limited to the following circumstances:
a. The holder of intellectual property right sends Elogistic a lawyer's letter, files a lawsuit or other requirements;
b. The customer is sued by a third party or filed by judicial, law enforcement or administrative authorities for suspected infringement of goods;
c. The competent authority requires Elogistic to take other relevant measures.
II. Our Suggestions to Customers
1. Respect intellectual property rights. Customers are requested to strictly check the goods delivered to Elogistic, strictly control the source of goods, and prohibited to the deliver any goods suspected of infringing the intellectual property rights of third parties to Elogistic. Customers are requested to immediately take back relevant goods and stop any shipment if customers find that the goods are suspected of infringement, please take back the relevant goods immediately and stop any shipment.
2. Save the authorization document. After receiving the complaint about infringement of relevant intellectual property rights, the customer shall submit an appeal and relevant authorization documents to Elogistic as agreed in the service agreement if it doesn’t think that its goods are suspected of infringement. Otherwise, Elogistic has the right to suspend or stop providing services.
III. Other Provisions
1. Elogistic may revise this statement in time according to the adjustment of laws and regulations, changes in business environment and other factors. The revised statement takes effect on the date of publicity. If the customer continues to use the service of Elogistic, it shall be deemed to accept the revised statement.
2. Elogistic reserves the right of final interpretation on the above handling measures. In case of any inconsistency, ambiguity or conflict between the Chinese and non-Chinese versions of this statement, the Chinese version shall prevail.