1. Acceptance of These Terms
These Terms of Service ("Terms") form a binding agreement between you (as an individual or as an authorised representative of a company) and Chongyi Automobile Co., Limited ("Chongyi", "we", "us" or "our"), and govern your access to and use of:
- the Website at chongyiqc.com;
- the Chongyi mobile management application distributed through the Apple App Store and Google Play (the "App");
- our wholesale and retail services, consultation services, import and export handling, and supply chain management services (together, the "Services").
By creating an account, downloading or using the App, placing an order, or otherwise using the Website or the Services, you confirm that you have read and agree to these Terms, and that you agree to our Privacy Policy. If you do not agree, please do not use the Website, the App or the Services.
2. Eligibility and Age
The Website and the App are intended for businesses and business users. You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account or enter into a contract with us.
If you are below the age of legal majority, you may use the Website and the App only with the prior written consent of your parent or legal guardian, who must accept these Terms on your behalf. We do not knowingly permit accounts to be used by children under 13 (or the equivalent minimum age in your jurisdiction). If you are a parent or guardian and believe a child has created an account, contact us at support@chongyiqc.com.
3. Accounts and Use of the App
- You must provide accurate registration information and keep it current. You are responsible for activity under your account.
- You must keep your credentials confidential and notify us promptly of any unauthorised access. We are not liable for losses caused by your failure to do so.
- You may request an account closure at any time by emailing support@chongyiqc.com. We will action the request in accordance with the App Store and Google Play account deletion requirements.
- The App is licensed, not sold, for use on devices you own or control, in line with the terms of the applicable store. The number of devices associated with an account may be limited for security purposes.
- We may suspend or restrict access where we reasonably believe the account is compromised, is being used to breach these Terms or applicable law, or where required by a store policy or an order of a competent authority.
4. Description of the Services
Chongyi provides the following services, which are offered together as a single commercial relationship:
- Wholesale and retail of auto parts and car supplies — the sale and supply of automotive parts, components, consumables and car care supplies to workshops, distributors and retail partners.
- Automobile information consultation — advice on part application, cross-reference, fitment confirmation, specification comparison and technical documentation.
- Business consultation — advice on category selection, pricing strategy, market entry, partner selection and the operating model of a parts distribution business.
- Import and export of goods and technology — cross-border procurement and shipment of goods and technology, including documentation, customs coordination and certificates of origin.
- Supply chain management — demand planning, purchase consolidation, warehouse allocation, quality inspection, shipment consolidation and last-mile delivery scheduling.
- General trade (excluding regulated businesses such as finance, insurance and lending) — plain trading arrangements for customers who require a standard supply relationship rather than a managed programme.
- Mobile management app — an integrated business application, published for the Apple App Store and Google Play, providing real-time order management, inventory management, supply chain tracking, a consulting dashboard, investment planning, and wholesale and retail management across the full business scope listed above.
We may add, modify, suspend or discontinue any part of the Services. Where a change materially affects a paid feature you have purchased, we will give you reasonable notice and, where required by the applicable store rules, a pro-rated refund.
5. Licence and Acceptable Use
5.1 Licence granted to you
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and the App, and to use the Services for your own internal business purposes, for the term of these Terms.
5.2 Acceptable use
You agree not to, and not to permit any third party to:
- use the Website, the App or the Services for any unlawful purpose or in breach of applicable law, including sanctions, export control, tax, customs and anti-bribery regulation;
- resell, sublicense, rent, lease, sublet or otherwise make the Services available to a third party without our prior written consent;
- reverse engineer, decompile, disassemble, scrape, crawl or attempt to derive source code from the Website or the App, except to the extent that such restriction is prohibited by law;
- remove, obscure or alter any copyright notice, trademark, branding, watermark or rights notice;
- interfere with the operation of the Website or the App, including by introducing malicious code, probing for vulnerabilities without authorisation, or overloading our infrastructure;
- use automated means to extract data in breach of the Website terms, our robots policy or the terms of any third-party platform;
- impersonate any person or entity or misrepresent the origin of a request;
- use the App to store or transmit content that is unlawful, infringing, or that infringes the privacy of others;
- misrepresent your identity, your authority to act for a business, or the origin, nature or content of any submission;
- circumvent, disable or interfere with advertising identifiers, consent signals, frequency capping or any technical measure used to operate the Services.
5.3 Our right to act
We may suspend, restrict or terminate your access where we reasonably believe that you have breached these Terms, that the App or the Services are being used to cause harm, or where required by a store policy, a regulatory authority or applicable law.
6. Intellectual Property
- The Website, the App, their content, layout, design, text, graphics, logos, trade marks, database rights, software and the underlying business scope and documentation (the "Our Materials") are owned by or licensed to Chongyi and protected by intellectual property laws.
- We grant you a limited, revocable, non-exclusive, non-transferable licence to use Our Materials for your internal business purposes, subject to these Terms.
- Chongyi Automobile Co., Limited, Chongyi Automobile and the associated logo are trade marks of Chongyi. You may not use them without prior written consent.
- You retain all rights in the content you submit. You grant us a worldwide, non-exclusive, royalty-free licence to host, process, reproduce, display and transmit that content to the extent needed to operate the Services and to respond to your requests.
- All third-party names, marks, products, services and content referenced in the Website or the App remain the property of their respective owners.
- If you believe any content infringes your intellectual property rights, contact us at support@chongyiqc.com with details so that we can review it promptly.
7. Purchases, Fees, Subscriptions and Refunds
- Orders. An order becomes a contract of sale only when we confirm acceptance in writing. Quotations are valid for the period stated on them and may be withdrawn if supplier pricing changes before acceptance.
- Prices and currency. Prices are shown in the currency stated at the time of quotation. Taxes, duties, customs clearance and delivery charges are shown separately where applicable and, where not stated, are payable by the customer.
- Payment. Payment terms, credit limits and accepted methods are set out in the order confirmation or the account agreement. Overdue amounts may be charged interest at the rate permitted by applicable law and may result in a hold on further orders.
- In-store and in-app purchases. Any payment for features, subscriptions or services purchased through the App is handled by Apple or Google under their respective terms, including their billing, refund and commission rules. We do not receive or store your full card details.
- Subscriptions. Where a subscription is offered, the renewal period, price and cancellation route are stated at the point of purchase. Subscriptions renew automatically unless cancelled at least 24 hours before the renewal date, and may be cancelled through your App Store or Google Play account settings.
- Cancellations and refunds. Refunds are handled in accordance with the policy of the store through which the purchase was made, and where required by the Consumer Goods (Refund) Ordinance (Cap. 362) or equivalent legislation in your jurisdiction, that legislation prevails.
- Title and risk. Risk in the goods passes on delivery, and title passes when payment has been received in full, unless otherwise agreed in writing.
- Returns. Claims for shortages or defects must be notified in writing within 14 days of receipt, with photographs and part references, so that we can trace the batch and shipment.
8. Third-Party Services and Advertising
The Website and the App may display advertising, and may link to or integrate with third-party services, applications, content or links, including advertising networks, mediation platforms and store services listed in our Privacy Policy. Advertising is provided by third parties and may be personalised or contextual depending on your consent, your device settings and the signals your browser sends.
- We do not endorse and are not responsible for the content, products, services or privacy practices of third-party advertisers or service providers, including the advertising networks integrated in the App.
- Third-party links are provided for convenience. We do not control and are not liable for third-party sites, their availability, security or content.
- Your dealings with a third party are between you and that third party. Where you access a paid link, we may receive a referral fee, which does not increase the price you pay.
- Use of advertising and store services is additionally subject to the privacy, data protection and advertising terms of the relevant provider, as described in Section 9 and Section 12 of the Privacy Policy.
9. Disclaimer of Warranties
The Website and the App are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement.
We do not warrant that the Website or the App will be uninterrupted, error-free, or free of viruses, or that any information obtained through them is complete, current or error-free. Product images, catalogue data and availability are indicative and are subject to confirmation at the point of order.
Nothing in these Terms excludes or limits any warranty, guarantee or right that cannot lawfully be excluded or limited, including under the Consumer Goods (Refund) Ordinance (Cap. 362) of Hong Kong or equivalent consumer legislation in your jurisdiction.
10. Limitation of Liability
To the fullest extent permitted by law, Chongyi, its directors, officers, employees and agents are not liable for any loss arising out of or in connection with your use of the Website, the App or the Services, including:
- loss of profit, revenue, anticipated savings, goodwill or business opportunity;
- loss or corruption of data, or loss of goodwill or reputation arising from security breaches outside our reasonable control;
- indirect or consequential loss, even where we were advised of the possibility of such loss;
- loss caused by your breach of these Terms, by inaccurate information you supplied, or by your misuse of the Services;
- service interruption caused by third-party networks, stores, carriers or utilities, provided we have used reasonable endeavours to maintain availability;
- the fitness for a particular purpose of goods supplied, where you have not relied on our advice in writing or relied on it in a way that was manifestly unreasonable.
Where liability cannot be excluded, our aggregate liability arising out of or relating to the Website, the App and the Services is limited to the greater of the total amount you paid us in the twelve months preceding the event giving rise to the claim, or HK$1,000.
11. Indemnity
You agree to indemnify and keep us indemnified against all liabilities, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising from or in connection with: your breach of these Terms; your use of the Website, the App or the Services in a way that infringes the rights of a third party; any content you submit; and any breach of applicable law, including sanctions, export control, customs, tax and anti-bribery regulation, in your use of the Services or your dealings with us.
12. Suspension and Termination
- You may stop using the Website, the App and the Services at any time, and may request account closure by emailing support@chongyiqc.com.
- We may suspend or terminate access immediately, with or without notice, where you materially breach these Terms, where required for the security of the Services or of other users, or where compelled by law, a store policy or a competent authority.
- Termination does not affect accrued rights or liabilities. On termination you must cease using the Website and the App and delete the App from your devices.
- Orders already accepted before termination remain binding, and we will fulfil or refund them in accordance with the order confirmation and applicable law.
- Sections 6, 9, 10, 11, 13, 15, 17 and 18 survive termination.
13. Governing Law and Dispute Resolution
These Terms, and any dispute arising out of or in connection with them or with the Website, the App or the Services, are governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Before commencing proceedings, you and we agree to attempt in good faith to resolve any dispute by negotiation between the relevant account manager and the customer representative within 30 days of written notice of the dispute.
Any dispute that is not resolved by negotiation shall be finally settled by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under its Administered Arbitration Rules in force at the time, by a single arbitrator, seated in Hong Kong and conducted in English. The language of the arbitration shall be English. The award is final and binding, and each party agrees to the jurisdiction of the courts of Hong Kong for the purposes of any interim or ancillary relief and for enforcement.
Nothing in this clause prevents either party from seeking urgent injunctive or protective relief from any court of competent jurisdiction, including for the protection of confidential information, intellectual property or personal data.
14. International Trade, Sanctions and Customs Compliance
We operate as: Wholesale and retail of auto parts and car supplies; automobile information consultation; business consultation; import and export of goods and technology; supply chain management; general trade (excluding regulated businesses such as finance, insurance and lending). These activities are subject to the following conditions, which form part of your agreement with us:
- Each party is responsible for complying with the economic sanctions, export controls and import restrictions applicable to it, its customers and its end use, including those administered by the United Nations, the United States, the European Union, the United Kingdom, mainland China and Hong Kong.
- You warrant that you are not sanctioned, and that you will not use the Services, the App or the Website to transact with a sanctioned party or for a prohibited purpose.
- We may suspend, decline or cancel any order or instruction where we reasonably believe sanctions, export control or customs requirements would not be met, and we are not liable for resulting delay or loss to the extent caused by that decision.
- You must provide accurate information for customs declaration, including correct commodity descriptions, harmonised system codes, country of origin, values and end use, and you accept responsibility for the consequences of inaccurate declarations you supply.
- Any duties, taxes, customs charges and penalties imposed on a consignment because of information you supplied remain payable by you.
- We maintain records required by applicable trade, tax and customs law, and may disclose those records where required by a competent authority.
15. App Store Terms Prevail
- Your use of the App is also governed by the terms of the platform from which you obtained it. For the App distributed on the Apple App Store, these are the Apple Media Services Terms and Conditions and the App Store Terms of Use; for the App distributed on Google Play, these are the Google Play Terms of Service and the Google Play Developer Program terms applicable to the distribution.
- Where a provision of the applicable store terms conflicts with these Terms, the store terms prevail in relation to your use of the App and the app distribution, and we will be deemed to have complied with the store terms to the extent of that conflict.
- We may change, suspend or remove the App from either store at any time, and your continued use of the App following such a change is subject to these Terms.
16. Changes to These Terms
We may amend these Terms from time to time to reflect changes in the Services, our business, or legal requirements. The amended Terms take effect when published on this page, unless we state otherwise. Where a change is material, we will notify you by email, in the App, or by an in-app notice before it takes effect. Your continued use of the Website, the App or the Services after the effective date constitutes acceptance of the amended Terms.
17. Severability, Entire Agreement, Assignment and Waiver
- Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions continue in full force.
- Entire agreement. These Terms, together with the Privacy Policy, the order confirmations and any account agreement, constitute the entire agreement between you and Chongyi and supersede all prior discussions, proposals and understandings, whether written or oral.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to a successor entity in connection with a merger, reorganisation or sale of assets, on notice to you.
- Waiver. A failure or delay in exercising any right under these Terms is not a waiver of that right. A waiver is effective only if given in writing.
- Third party rights. A person who is not a party to these Terms has no right to enforce any of its terms, except that the advertising and platform providers listed in Section 8 may enforce the store terms applicable to them.
18. Contact Us
Questions about these Terms, or notices that these Terms require you to give us in writing, should be sent to:
- Company: Chongyi Automobile Co., Limited
- Office: RM 29-33 5/F, BEVERLEY COMM CTR, 87-105 CHATHAM RD, TSIM SHA TSUI, HONG KONG
- Website: chongyiqc.com
- Business support: support@chongyiqc.com
- Key accounts: liyunhan@chongyiqc.com
Our Privacy Policy explains how we collect, use, share and protect personal data in connection with the Website, the App and the Services, and sets out the rights available to you under the privacy legislation applicable to you.