BEFORE YOU SUBMIT THE REGISTRATIONAPPLICATION TO Fiiish (THE “PLATFORM”), PLEASE READ CAREFULLY AND ACQUIRE ACOMPREHENSIVE UNDERSTANDING OF THE TERMS UNDER THIS COOPERATION AGREEMENT (THE“AGREEMENT”), ESPECIALLY THOSE TERMS REGARDING THE LIMITATIONS AND EXCLUSIONSOF LIABILITY.Limitation and exclusion clauses may be shown in bold type for your attention. Ifyou have any questions about these terms, please contact the designatedrecipient of this Platform, who would explain these terms for you.
Byclicking the “Agree” button and becoming a User (as defined below) of thisPlatform, you agree to comply with and be legally bound by the terms andconditions described as follows.
Youand WAKA Trip (HK) Limited (the “WAKA”) agree and confirm in this Agreementthat WAKA has the right to change the subject with which you sign thisAgreement and that you agree to maintain the cooperative relationship (the “CooperativeRelationship”) with the changed entity.
1.1You acknowledge and confirm that the Platform establishes a CooperativeRelationship with you for the purpose of performing this Agreement.
1.2You confirm that you have the right and ability to sign and perform thisAgreement and would provide the relevant supporting files and materials as requiredby this Platform.
1.3Account opening: after you register in this Platform with your phone number andthe Platform has made a necessary review, the account (the “User Account”) youapplied is permitted to open and you become a registered user (each a “User”)of this Platform. You shall make necessary cooperation if the Platform requiresfurther review of your identity.
2. Content of Cooperation
2.1As an information publish and service platform, this Platform providesinformation services (the “Services”) for the Users. The Users canindependently choose to publish and receive the information of tasks and therelated (each a “Task”), and obtain the corresponding commission (the“Commission”, as described in section 4) as displayed in this Platform and paidby the Task information publisher after the completion of the Task. The Usercan, according to their own itinerary, voluntarily use their leisure time and independentlychoose whether to accept the Tasks on the Platform or not, and then completethem.
2.2After you become a Platform User and prior to your acceptance of the Task, youshall first open a network payment account (the “Payment Account”) asdesignated by this Platform, in order to complete the matters regarding to therelevant Commission receiving and equipment deposit payment through the PaymentAccount.
2.3 Users agree to receive messages and advertisements from Fiiish
3. Advance and Withholding Fees
3.1You acknowledge and authorize this Platform to instruct certain paymentagencies to conduct the the freezing ofthe advance and commercial insurance withholding and otherwise asthe same.
4.1Payment Time of the Commission: the actual payment time in this Platform shallprevail.
4.2Payment Standard of the Commission: the amount displayed in this Platform whenyou accept the Tasks shall prevail.
4.3Tax Liability and Payment: You shall undertake the business tax, personalincome tax and so forth in accordance with the requirement of the applicable taxauthority and provide the relevant invoices and tax payment certificates to thePlatform, or you agree to authorize the Platform to withhold and remit suchtaxes in a relevant proportion as stipulated in the applicable tax laws on yourbehalf, and defray the difference to your personal Payment Account.
4.4The Platform would pay the Commission in accordance with this section to yournetwork Payment Account as you registered in this Platform.
5. Matters to be Observed
5.1You shall prepare the tools and materials as required to complete the Tasks byyourself and make sure that they would not cause any damage to your own or others’property, with reasonable care and attention. Otherwise, you shall take all therelevant risks and responsibilities on your own.
5.2You are not allowed to use or in the name of this Platform to hire any personat any time, or transfer the Tasks to others. Meanwhile, as a registered User onthis Platform, you are not allowed to perform activities in the name of thePlatform or as the staff of WAKA, or forge the information of this platform or WAKA.The Platform and WAKA have the right to be indemnified from you in the event ofyour violating the foregoing.
5.3Any information related to this Platform or any third party acquired during theprocess of acceptance and completion of the Tasks, including but not limited tothe consignee's name, contact information, address, etc., shall be kept asstrictly confidential information (the “Information”), and shall not betransmitted, divulged or disclosed. You are not allowed to use such Informationby yourself, or allow others to use the same for the purposes other than thecompletion of the Tasks.
5.4You shall maintain properly the username and password of your User Accountwithin your own access. Any action carried out through this User Accountincludes but is not limited to the acceptance of the Tasks and the like, and isdeemed to be accepted by you and any relevant responsibility is to be borne byyourself as well.
5.5During the period of Cooperative Relationship, you shall keep attention to allthe rules, announcements and so forth as published in the Platform, which wouldconstitute the unseparated parts of this Agreement.
5.6 You shall make sure that , when youprovide the services of pictures collection for this Platform, the pictures and/or videosyou provide to the Platform are genuine and are not acquired from any third party,whether online travel agents or other similar websites. In addition, as to thepictures and videos and other similar documents you provided to the platform,you shall have obtained relevant authorization (including but not limited to thecopyright authorization from certain other parties and other kind of authorizationwith regard to the pictures and videos which includes but not limited to theauthorization from the relevant oblige as to the scenery contained in thepictures or the videos) shall and you shall make sure that such pictures andvideos will not infringe any legal right of any third party (including but notlimited to copyright).
5.7As to the pictures, videos and other documents you provided to the platform,upon such documents are submitted, it means that you give all the consents thatyou agree to share the copyrights of such pictures, videos and such otherdocuments provided that you have meet the demand contained in the Section 5.6.You shall give all your consents and agree that WAKA is entitled to use all foritself or grant or authorize any other party to use such pictures, videos andsuch other documents.
5.8Any User who commits illegal and criminal acts, including but not limited tointentional injury, theft, encroachment, robbery, forcible seizure, etc., inthe course of the acceptance and completion of the Tasks, shall take all thecriminal and civil liability on such User’s own. The Platform has the right toreport such criminal acts to the relevant judicial organs and managementdepartments.
6.1Users shall be over the age of 18 but less than the age of 65 in good healthconditions and can provide legitimate ID cards with full capacity for civilconduct and corresponding labor capacity;
6.2 Users shall know the Internetsoftware and can manipulate smart phones;
6.3Users shall be able to complete the negotiation and information collection Tasksand acquire corresponding Commission for the completion of such Tasks (on-siteinformation collection services may be involved).
6.4Users shall complete the training and assessment according to the requirementsof this Platform, prepare by themselves the relevant personal information andtransportation and other equipment as needed during the acceptance andcompletion of the Tasks, and take full responsibility of the authenticity andeffectiveness of the information as provided and the legitimacy, effectivenessand safety of equipment as used.
7. Execution and Termination
7.1This Agreement shall become effective after you click on the "Agree"button, complete the relevant training and obtain the assessment approved bythe Platform. The effectiveness date (the “Effectiveness Date”) of thisAgreement shall be the time when the foregoing assessment hereof is approved(subject to the data recorded in the system of the Platform). A cycle yearafter the Effectiveness Date is the effectiveness term (the “Term”) of theCooperative Relationship. After the expiration of the Term, the Agreement wouldbe automatically extended for another cycle year with unlimited extension times,provided that neither you nor the Platform cancels the User Account. During theperformance of this Agreement, either party (each a “Party”, collectively,“Parties”) may terminate this Agreement for convenience upon giving the other Partyfifteen (15) days prior written notice; neither of the Parties shall be liableto pay any form of compensation to the other Party after the termination ofthis Agreement.
7.2If you fail to comply with the terms of this Agreement or fail to perform theconfidentiality obligations by which you shall abide, the Platform reserves theright to terminate this Agreement at any time.
7.3Upon the Cooperative Relationship hereof is terminated, you shall deal with therelevant hand-over formalities with the designee of the Platform including butnot limited to return relevant equipment, files and the like. The Platform hasthe right to freeze your deposit and Commission if you fail to complete the foregoing.
8. Legal Responsibility
8.1If you violate this Agreement or the obligations stipulated by the relevantlaws, you shall be liable for the default or for the damages caused to thePlatform.
8.2You shall guarantee that the execution and performance of this Agreement wouldnot violate any agreement between you and any other third parties, or any legitimateinterest of any third party, otherwise, you shall be liable for the damages causedto the Platform arising hereof.
9.Services based on Software
Ifthe Platform provides Services to you based on “software” (the “Software”), youshall also comply with the following terms:
9.1The Platform may develop different software versions for different terminaldevices. You shall choose and download the appropriate version for installationaccording to your actual needs.
9.2If you obtain the Software or the installer of the same name from an unauthorizedthird party, the Platform has no obligations to guarantee the normal operationof such Software and will not be responsible for any loss caused to you.
9.3In order to promote the user experience and services, the Platform will provideupdated Software services from time to time (the form of the updated services mayinclude software replacement, modification, feature enhancement, versionupgrade, etc.). In order to improve the user experience and ensure the safetyof the Services and the consistency of the functionality, the Platform has theright to update the Software or change or restrict part of the functionaleffects of the Software.
9.4After the new version of the Software is published, older versions may not beavailable. The Platform has no obligations to guarantee the continualavailability of the older versions and the corresponding customer service.Please check and download the latest version from time to time.
9.5Unless permitted by law or with the written permission of the Platform, youshall not engage in any of the following acts:
9.5.1Delete any copyright information of the Software and its duplicate;
9.5.2Reverse engineer, reverse assembly or reverse compile the Software, orotherwise try to discover the source code of the Software;
9.5.3Use, rent, lend, copy, modify, link, reproduce, assembly, release, publish orcreate a mirror site or the like of the intellectual property rights of the Platformor its affiliates.
9.5.4Copy, modify, add, delete, mount or create any derivative works of thefollowing data: the Software data, the data released into any terminal memoryduring the operating process of the Software, the interaction data betweenclient and server or the data necessary for the Software operation, by use ofplug-ins, tag-on or tool / service access software and relevant systems gainedfrom a non-legally authorized third party.
9.5.5Change or forge the orders or data during the operation of the Software;Add, delete, alter the Software’s functionality or performance; Or operate orspread the software or methods used for the above purposes to the public, nomatter whether the above acts are for commercial purposes or not;
9.5.6Use the Platform Services through a third-party software, plug-in, tag-on orsystem which are not developed or authorized by the Platform; Or produce,release or spread such software, plug-in, tag-on or system hereof;
9.5.7Other acts without the explicit authorization of the Platform.
10.1Any information content provided by the Platform to you during the CooperativeRelationship is wholly owned by the Platform, including but not limited to the webpages, texts, pictures, audios, videos, diagrams and the like intellectualproperty, and the intellectual property rights of any content generated duringthe course of your using the Platform are wholly owned by the Platform.
10.2Unless otherwise specifically stated, the copyright, patents and other IPrights of the Software on which the Platform relies are owned by the Platformor its affiliates.
10.3The copyright or trademark of "Fiiish", "WAKA" and the likebusiness signs or logos used when the Platform provides Services are owned bythe Platform or its affiliates.
11.1In the event of any dispute arising from the performance of this Agreement, theParties shall settle the dispute through friendly negotiation; if suchnegotiation fails to reach or one or two parties are reluctant to negotiate, thedispute shall be submitted to the court in the place where the defendant islocated and shall be settled by litigation.
11.2This Agreement shall be governed by the laws of People's Republic of China.
12.1You shall not, in any name, directly or indirectly, provide any gifts, items,securities or unfair benefits in a disguised way to any employee or affiliate personsof the Platform, including but not limited to cash, checks, credit card gifts,samples or other goods, entertainment tickets, membership cards, discounts orreturns in a form of money or goods, employment or real restate, traveling,dinner and personal services for which you pay.
12.2If any breach of the above occurs, the Platform will resort to honest talks, suspensionof your balance accounting or suspension of the Cooperative Relationshiprespectively depending on the severity of your violation; if illegal actsinvolved, we will transfer the case to the judicial authority; and you are notallowed to participate in any cooperation business with the Platform.
THE PLATFORM AND WAKA AND THEAFILIATES OF THE FOREGOING HAVE NO LIABILITY TO PAY FOR YOUR SOCIAL INSURANCE,HOUSING PROVIDENT FUND OR OTHER EXPENSES. THE PARTIES CONFIRM THAT THE LABORLAWS, LABOR CONTRACTS AND OTHER LAWS OR REGULATIONS WHICH ADJUST LABORRELATIONS IN ANY JURISDCITION DO NOT APPLY TO THE RELATIONSHIP DEFINED IN THISAGREEMENT.
THE PLATFORM RESERVES THE RIGHT TOADJUST THE CONTENTS OF THIS AGREEMENT AND THE RELEVANT RULES FROM TIME TO TIMEIN A MANNER OF MODIFICATION, UPDATES AND SO FORTH, WHICH WILL BE POSTED ON THEPLATFORM OR IN OTHER WAYS TO KEEP YOU INFORMED. THE ADJUSTED CONTENT WILL BECOMEEFFECTIVE AFTER 7 DAYS FROM THE DATE OF PUBLICATION OR ON THE DATE SPECIFIED INTHE ANNOUNCEMENT, UNLESS YOU EXPRESS TO THE PLATFORM IN WRITTEN THAT YOU REFUSETO ACCEPT THE ADJUSTED CONTENT AND TERMINATE THE COOPERATIVE RELATIONSHIPWITHIN 7 DAYS FROM THE DATE OF PUBLICATION OR ON THE DATE SPECIFIED IN THEANNOUNCEMENT .