Become a GC Deals Partner South & Southwest China

GC Deals Partner Registration Form

I hereby apply to become a GC Deals Partner of the German Chamber of Commerce in China

Company
Listing Details
Contact Person
General Terms of Business
The GC Deals Program (hereinafter the “Program”) is held by the China German Chamber of Commerce (hereinafter “GCC”) subject to the following Terms and Conditions (T&Cs). PLEASE READ THE FOLLOWING T&CS CAREFULLY BEFORE REGISTERING WITH THE PROGRAM AND USING ANY OF THE GCC PLATFORMS.

1. Acceptance of the T&Cs and Conclusion of the Agreement

1.1. When you apply to become a GC Deals Partner of GCC by filling out and submitting the “GC Deals Partner Registration Form” online, it will be deemed that you have fully read, understood and agreed to accept and be bound by these T&Cs.

1.2. Please be noted that your online submission of the “GC Deals Partner Registration Form” does not immediately and automatically create a contractual relationship between you and GCC. These T&Cs will constitute a legally binding agreement between you and GCC and come into effect only after your application has been accepted and confirmed by GCC via e-mail.

1.3. This Agreement between GC Deals Partner and GCC includes the content of these T&Cs and all other agreements or rules mentioned in these T&Cs, if any, and the various rules, regulations, and standards that have been issued or may be issued in the future by GCC. All rules, regulations and standards are an integral part of these T&Cs, and have the same legal effect as the main text of these T&Cs.

1.4. GCC is entitled to amend any terms in accordance with its business needs, and will amend the T&Cs by posting the revised and restated T&Cs at the website, and will not notify you separately. If you do not agree with the revised T&Cs, please immediately notify GCC in writing and cease use of GCC Platforms of the Program. If you do not notify GCC or continue to use GCC’s Platforms of the Program, you will be deemed to have accepted the revised and restated T&Cs. In the event of dispute between you and GCC, the latest terms will prevail.

2. Definitions

2.1. GC Deals Partner: refers to those companies, organizations or any other legal entities who submitted the “GC Deals Partner Registration Form” to GCC and received the official written confirmation from GCC.

2.2. GCC Member: refers to all entities and personnel thereof that hold the membership of GCC in Mainland China.

2.3. Membership Card: refers to the Identification given to GCC Members by GCC, which is used to certify their membership of GCC.

2.4. Discount: refers to the special discount provided by the GC Deals Partner on its products and/or services to GCC Members via GCC Platforms.

2.5. Relevant Information: refer to all information, materials and documents (such as texts, photos and Logos etc.) of the GC Deals Partner related to the Program, including but not limited to the company name, address, contact information, description of products or services and discount information etc..

2.6. GCC Platforms: refer to all platforms used by GCC for Promotion, including but not limited to GCC’s WeChat, Website, GC ticker and Newsletter. The Relevant Information may be showed on GCC Platforms.

2.7. Promotion: refers to listing or presenting the Relevant Information of GC Deals Partner on GCC Platforms.

3. Scope of the Program & Obligations of the Parties

3.1. Under the framework of this Program, GCC will provide the GC Deals Partner with a platform free of charge to display the Relevant Information of GC Deals Partner. However, all commercial transactions between GC Deals Partner and any GCC Member (including, without limitation, the conclusion of contracts, transfer of payments, provision of products or services, etc.) shall be conducted separately. Neither GCC nor any of its platform will be involved in any such transactions between GC Deals Partner and GCC Members.

3.2. The GC Deals Partner is responsible for delivering complete and flawless Relevant Information on the intended Promotion for GCC Members. In case of useless or damaged information, Party B will immediately call for a replacement. The GC Deals Partner is obliged to provide a common template within the bounds of possibility by which the information can be handed in.

3.3. After the Relevant Information has been confirmed by GCC, GCC will publicize the Promotion on GCC Platforms within a reasonable period of time. Once the Promotion is publicized on GCC Platforms, the GC Deals Partner may not be free to change it. Any change or adjustment of the publicized Promotion on GCC Platforms will require a written application of the GC Deals Partner to GCC by E-mail four weeks in advance and GCC will, at its sole discretion, make corresponding modifications or adjustments on the Promotion within a reasonable period of time, taking public holidays into consideration. GCC is not liable for the correctness of the Promotion or corrections being assigned via e-mail or telephone.

3.4. Unless otherwise stated in the Promotion, from the day of publicizing, GCC Members are entitled to enjoy the Discount after their memberships have been confirmed by GCC. The Discount granted to GCC Members is only applicable in specific outlets and time periods stated in the Promotion. Such Discount is neither transferable nor applicable to other special promotions.

3.5. GCC will, to welcome the new GC Deals Partner, create and publish a WeChat post after consulting the GC Deals Partner regarding the content.

3.6. The conveyance of different color drafts for an advert, a late delivery of documents and any differing from the advertising pattern may affect placement and quality of the advert and are therefore not subject to complaint. GCC reserves the right to offset additional charges.

3.7. GCC reserves the right to stop the listing of inappropriate Promotions and those who are not in accordance with the local law.

3.8. Promotion details will only be returned to GC Deals Partner on special request. The obligation to store contact and Promotion details ends three months after this Agreement has been terminated. GCC does not guarantee for the storage of any Relevant Information.

4. Representations and Statements of GCC

4.1. GCC merely provides GCC Platforms free of charge for the GC Deals Partner to promote its products or services and make the Relevant Information available to GCC Members. GCC is not a party to any of the transactions between GC Deals Partner and GCC Members. GCC will neither make any express or implied warranties of nor assume any liability for the authenticity, lawfulness, accuracy, timeliness and validity of the following matters conducted by the GC Deals Partner and GCC Members as parties to a transaction: any oral or written statement or promise, the information publicized or the transaction itself. Any legal dispute arising from a transaction between GC Deals Partner and any GCC Members who used the Discount, including but not limited to complaints, litigations, accusations and taxation disputes, shall be resolved between/among the parties to the transaction. In no case shall GCC be held liable in such disputes.

4.2. Any review or examination of Relevant Information or the qualification of the GC Deals Partner made by GCC is pro forma. Such review, examination and acceptance of the Relevant Information does not constitute any confirmation by GCC of the authenticity, lawfulness, accuracy and timeliness of the examined content and GC Deals Partner shall solely be legally responsible for the authenticity, lawfulness, accuracy and timeliness of such content.

4.3. In the event that a third party notifies GCC or GCC reasonably believes that the GC Deals Partner possibly has committed any torts, crime, breaches of this Agreement along with any relevant rules or other violation of laws, GCC shall have the right to take any necessary action immediately, including but not limited to terminating this Agreement immediately and deleting any Relevant Information on GCC Platforms without prior notice.

4.4. GCC makes no guarantee on the stable and error-free operation of GCC Platforms, the quality of the final presentation and effectiveness of the Promotion.

4.5. GCC makes no guarantee on any time limit for responding to or processing any message or notice from GC Deals Partner. GC Deals Partner shall bear the risk of any failure to amend or update any Relevant Information.

5. Representations and Warranties of GC Deals Partner

5.1. The GC Deals Partner warrants that it is fully authorized and empowered to enter into this Agreement, its agent has been fully authorized and the GC Deals Partner will be liable for the conduct of the agent; the GC Deals Partner further warrants that it will be legally liable for the conduct of its employees, its contact person designated and other personnel appointed by the GC Deals Partner to perform this Agreement.

5.2. The GC Deals Partner warrants that it will observe this Agreement and any other applicable rules that are publicized or will be publicized on the website of GCC and will act in strict compliance with this Agreement, rules, procedures and any applicable law and refrain from acting in a way detrimental to the interests of GCC and GCC Members.

5.3. GC Deals Partner undertakes the lawfulness, authenticity and accuracy of all Relevant Information submitted to GCC and warrants that it has legal rights or has obtained legal authorization to the intellectual property rights and the personal rights related to the submitted Relevant Information and shall not infringe the legitimate rights and interests of any third party. The GC Deals Partner remains fully and solely liable for the Relevant Information publicized on GCC Platforms and assume the relevant burden of proof. Otherwise, GC Deals Partner shall be solely liable for any results, claims, costs or damages arising therefrom and indemnify GCC for holding GCC harmless.

5.4. The GC Deals Partner undertakes that it has full qualification to provide the relevant services and/or products listed on GCC Platforms. At the request of GCC, it shall submit corresponding documents certifying its qualification to GCC for examination.

6. Liability

6.1. In the event that the GC Deals Partner breaches this Agreement or violates any applicable laws and regulations, or GCC suffers damage (including but not limited to damage to goodwill) for any reason attributable to the GC Deals Partner, GCC shall be entitled to take any necessary actions immediately, including but not limited to deleting the Promotion from the GCC Platforms entirely or partially, or terminating the Agreement without bearing any liability for breach. If such case causes any damages or losses to GCC, the GC Deals Partner shall be fully liable therefor.

6.2. The GC Deals Partner shall not conceal any matter that may expose GCC, GCC Platforms and GCC Members to any risk, including but not limited to the product’s design defect, quality defect, dispute over rights, major breach of contract, defects in submitted Relevant Information, etc.; if it fails to notify GCC of such matter that may affect the goodwill, normal operation and safety of GCC, GCC Platforms and GCC Members in a timely manner, GCC may terminate this Agreement and pursue contractual and tort liabilities of the GC Deals Partner.

6.3. In the event that GCC suffers any damages, losses and costs (including but not limited to financial losses or damage to goodwill) caused by the actions of GC Deals Partner (including but not limited to false advertising, providing defective products or services) or any arising disputes between the GC Deals Partner and GCC Members therefrom, the GC Deals Partner shall indemnify GCC for all such damages, losses and costs. GCC reserves the right to further claims against the GC Deals Partner.

7. Termination

7.1. This Agreement may terminate upon mutual consent of both parties at any time.

7.2. Both GC Deals Partner and GCC are entitled to terminate this Agreement with prior written notice to the other party two (2) months in advance.

7.3. GCC reserves the right to shut down any GCC Platforms in the case of technical difficulties or if it has been decided to no longer continue the entire GC Deals-Program without written notice.

7.4. GCC may unilaterally terminate this Agreement if Party B falls under any of the following circumstances:
(1) the GC Deals Partner or its any of its specific outlets is out of normal operation or has been closed;
(2) the GC Deals Partner breaches this Agreement and refuses to take corrective action after being notified by GCC;
(3) the GC Deals Partner violates any applicable law or fall into any dispute adversely affecting its performance of this Agreement;
(4) suspension of GCC Platforms or the GC Deals-Program at the request of the judicial or administrative authorities or other relevant authorities;
(5) any other circumstances set forth hereunder that entitle GCC to terminate this Agreement at its sole discretion.

7.5. Upon termination of this Agreement, GCC will be entitled to delete the Promotion and Relevant Information that displayed on GCC Platforms.

8. Data protection
The data of the GC Deals Partners will be electronically stored and automatically processed by GCC for the purpose of holding the GC Deals Program, unless the GC Deals Partner expressly consents to any other use and/or application of the data as specified in the respective consent. The use also includes the forwarding of the data to third parties covered by the permission. The data will not be passed on to unauthorized third parties. Confirmation or notice can also be sent by unencrypted e-mail. It cannot be ruled out that third parties will read it.

9. Governing Law and Dispute Resolution

9.1. The execution, interpretation, revision, performance and dispute resolution of this Agreement shall be governed by the laws of the mainland of the People’s Republic of China that are currently in force.

9.2. Any dispute arising from or in connection with this Agreement shall be resolved by the Parties through negotiation; should such negotiation fail, either Party may refer the dispute to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing in accordance with the CIETAC rules then in force. The arbitral award shall be final and binding upon both Parties. Arbitration fees shall be paid by the losing Party. Undisputed provisions hereof shall remain in full force and effect during arbitration.

10. Miscellaneous

10.1. The “GC Deals Partner Registration Form” submitted by GC Deals Partner consists an integral part of this Agreement. Any changes or additions to this Agreement shall be made in the form of a supplementary agreement upon the consent of the Parties; once executed, such supplementary agreements shall constitute an integral part of and have the same legal force as this Agreement.

10.2. Any provision hereof that becomes fully or partially invalid or unenforceable for any reason or conflicts with any applicable law shall be deemed deleted, but the remaining provisions hereof shall remain valid and binding.

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