Kunming Qiaoyouwan Trading Co., Ltd. — The terms governing your use of our website and services.
Welcome to the Terms of Service of Kunming Qiaoyouwan Trading Co., Ltd., doing business as Joy Bay. These terms and conditions govern your access to and use of our website located at https://www.joybay.mom, as well as any related services, applications, software, content, and features provided by Kunming Qiaoyouwan Trading Co., Ltd., a company registered in the Peoples Republic of China, with its principal place of business at Room 1510, 15th Floor, Xingjie Building, No. 168 Wuyi Road, Wuhua District, Kunming - 650000, China (CN).
By accessing, browsing, or using our website or services in any manner, including but not limited to visiting the website, submitting a contact form, requesting information, or entering into a service agreement with us, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these terms, you must not access or use our website or services.
These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity you represent, and Kunming Qiaoyouwan Trading Co., Ltd. Throughout these terms, the words we, us, our, and the Company refer to Kunming Qiaoyouwan Trading Co., Ltd. The words you and your refer to the user or visitor accessing our website and services, or the company or other legal entity on whose behalf you are accessing them.
For the purposes of these Terms of Service, the following definitions apply:
Company: Kunming Qiaoyouwan Trading Co., Ltd., including its subsidiaries, affiliates, officers, directors, employees, agents, and representatives.
Services: The computer systems design, software integration, cloud infrastructure, IT consulting, and all related professional services offered by the Company, whether delivered remotely or on-site.
Website: The internet website located at https://www.joybay.mom, including all subdomains, pages, content, and functionality available through it.
User: Any individual or entity that accesses, browses, or uses the Website or Services in any capacity, including visitors, clients, potential clients, and representatives of client organizations.
Content: All text, graphics, images, logos, software code, documentation, designs, data, and other materials available on or through the Website or Services.
Intellectual Property: All patents, copyrights, trademarks, trade secrets, know-how, designs, and other proprietary rights, whether registered or unregistered.
By accessing or using our Website and Services, you represent and warrant that you are at least eighteen years of age and possess the legal capacity to enter into a binding agreement. If you are accessing or using the Website or Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service, in which case the term you shall refer to that entity.
Our Services are intended for use by businesses and professionals within the technology, scientific, and related services sectors. The Company reserves the right to refuse service, terminate accounts, or cancel engagements at its sole discretion if it determines that a user does not meet eligibility requirements or that continued provision of services would violate applicable law, professional standards, or the best interests of the Company.
Certain features of our Website or Services may require you to create an account or provide registration information. When you register, you agree to provide accurate, current, and complete information about yourself or the entity you represent and to maintain and promptly update that information to keep it accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at team@joybay.mom of any unauthorized access to or use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with these security obligations. We reserve the right to suspend or terminate your account at any time if we suspect unauthorized or fraudulent activity.
Kunming Qiaoyouwan Trading Co., Ltd. provides professional computer systems design and related services, operating within the Professional, Scientific, and Technical Services sector. Our service offerings include, but are not limited to, the following:
The specific scope, deliverables, timeline, and fees for any service engagement shall be set forth in a separate written agreement, statement of work, or service proposal executed by both parties. The Company reserves the right to modify, suspend, or discontinue any aspect of its services at any time, with reasonable notice to affected clients where feasible. We make no guarantee that all services described on the Website will be available at all times or in all geographic locations.
As a user of our Website and Services, you agree to comply with all applicable local, national, and international laws and regulations. You further agree to the following obligations:
Lawful Use: You shall not use the Website or Services for any purpose that is unlawful, fraudulent, misleading, or in violation of any applicable law or regulation.
Respect for Intellectual Property: You shall not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Company Content without our express prior written consent, except as expressly permitted by these terms.
No Interference: You shall not interfere with or disrupt the operation of the Website, its servers, or networks connected to the Website, including through the use of malware, automated scripts, denial-of-service attacks, or any other malicious or unauthorized means.
Accurate Information: You shall provide true, accurate, and complete information in all communications with the Company, including contact form submissions, service inquiries, and project requirement discussions. The Company relies on the accuracy of this information to deliver effective services.
Cooperation: During any service engagement, you agree to cooperate reasonably with the Company by providing timely access to relevant systems, data, personnel, and facilities as necessary for the Company to perform its obligations under the applicable service agreement.
Company Intellectual Property: All Content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software code, and design elements, is the exclusive property of Kunming Qiaoyouwan Trading Co., Ltd. or its content suppliers and is protected by applicable copyright, trademark, and other intellectual property laws. The Joy Bay name, logo, and all related product and service names are trademarks of the Company and may not be used without our prior written permission.
Service Deliverables: Unless otherwise agreed in writing, any software code, system designs, architecture documentation, technical specifications, and other deliverables created by the Company in the course of providing services shall remain the intellectual property of the Company until full payment for those services has been received. Upon receipt of full payment, ownership of the deliverables shall transfer to the client as specified in the applicable service agreement.
Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your internal business purposes in accordance with these Terms of Service. This license does not include the right to download, copy, or modify any content except where such functionality is provided through normal browser operation.
Fees: Fees for our services shall be set forth in the applicable service agreement, statement of work, or proposal provided to you prior to the commencement of work. All fees are stated in United States Dollars unless otherwise specified in writing.
Invoicing and Payment: Unless otherwise agreed in the service agreement, invoices shall be issued according to the schedule specified therein and are payable within thirty calendar days from the date of the invoice. Late payments may be subject to interest charges at the rate of one and a half percent per month or the maximum rate permitted by applicable law, whichever is lower.
Taxes: All fees are exclusive of applicable taxes, including value-added tax, goods and services tax, sales tax, and any other similar taxes. You are responsible for the payment of all such taxes, except for taxes based on the net income of the Company.
Disputed Charges: If you believe any invoice contains an error, you must notify us in writing within fifteen calendar days of the invoice date. Failure to provide timely notice shall constitute your acceptance of the invoice as accurate.
Our Website and Services may integrate with, link to, or rely upon third-party services, software, platforms, or websites that are not owned, operated, or controlled by the Company. These third-party services are provided for your convenience and do not constitute an endorsement, sponsorship, or recommendation by the Company.
The Company has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party services. We strongly recommend that you review the terms and conditions and privacy policies of any third-party services you engage with.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KUNMING QIAOYOUWAN TRADING CO., LTD., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE USE OF THE WEBSITE AND SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR SERVICES DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS.
You agree to defend, indemnify, and hold harmless Kunming Qiaoyouwan Trading Co., Ltd., its affiliates, and their respective directors, officers, employees, agents, contractors, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or in connection with:
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not settle any matter without the prior written consent of the Company.
Termination by You: You may terminate your use of the Website at any time by ceasing to access or use it. For ongoing service engagements, the termination provisions set forth in the applicable service agreement shall govern.
Termination by the Company: We reserve the right to suspend or terminate your access to the Website and Services, with or without cause and with or without notice, at any time and without liability, including but not limited to the following circumstances: if you breach any provision of these Terms of Service; if your conduct could harm the Company, our other users, or third parties; if we are required to do so by law; or if we discontinue the Services in whole or in part.
Effect of Termination: Upon termination, your right to access and use the Website and Services shall immediately cease. All provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitations of liability, and indemnification obligations. Termination shall not relieve you of any payment obligations that accrued prior to the effective date of termination.
These Terms of Service and any dispute or claim arising out of or in connection with them, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of the Peoples Republic of China, without regard to conflict of law principles.
Any legal action, suit, or proceeding arising out of or relating to these Terms of Service or your use of the Website or Services shall be brought exclusively in the competent courts of Kunming, Yunnan Province, Peoples Republic of China. You irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue in such courts on the grounds of forum non conveniens or otherwise. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
Informal Resolution: Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting the Company at team@joybay.mom and providing a detailed written description of your claim. The Company will attempt to resolve the dispute informally within sixty calendar days of receiving your notice.
Negotiation and Mediation: If the dispute cannot be resolved through informal discussion, the parties agree to attempt to resolve it through good faith negotiations. If negotiations do not result in a resolution within thirty calendar days, either party may propose mediation. Mediation shall be conducted in Kunming, Yunnan Province, and the costs of mediation shall be shared equally by the parties unless otherwise agreed.
Arbitration: If mediation is unsuccessful, any unresolved dispute shall be submitted to binding arbitration administered by a mutually agreed arbitration institution in Kunming, with arbitration proceedings conducted in the English language. The arbitrators decision shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction. Each party shall bear its own attorneys fees and costs, unless otherwise awarded by the arbitrator.
Kunming Qiaoyouwan Trading Co., Ltd. reserves the right to modify, amend, or replace these Terms of Service at any time at our sole discretion. When we make material changes, we will update the date at the top of this page and, in cases of significant modifications, provide additional notice through the Website, via email, or through other reasonable means.
Your continued use of the Website or Services after any modifications to these Terms of Service constitutes your acceptance of the updated terms. If you do not agree to the revised terms, you must discontinue your use of the Website and Services. We encourage you to review these terms periodically to stay informed of your rights and obligations. Material changes will not apply retroactively to disputes that arose prior to the effective date of the change.
If you have any questions, comments, or concerns regarding these Terms of Service, or if you need to communicate with us for any legal purpose, please contact us through the following channels:
Email: team@joybay.mom
Phone: +16674302248
Website: https://www.joybay.mom
Mailing Address:
Kunming Qiaoyouwan Trading Co., Ltd.
Room 1510, 15th Floor, Xingjie Building
No. 168 Wuyi Road, Wuhua District
Kunming - 650000
China (CN)
We value transparency in our business relationships and are committed to addressing any concerns you may have regarding these terms promptly and in good faith. Please allow up to ten business days for us to review and respond to your inquiry.