Acceptance of These Terms
These Terms of Service form a legally binding agreement between you and Kunming Lin Huo Fu E-commerce Co., Ltd., registered at Rm 605, 6/F, Wuhua Building, No. 19 Dongfeng West Road, Wuhua District, Kunming - 650000, China. The services described on this website are developed and operated by the developer LinHuo.
By accessing our website, requesting a proposal, or engaging us for services, you agree to be bound by these terms. If you do not agree with any part of these terms, please do not use our website or services. You should read these terms carefully before entering any agreement with us.
Where you accept these terms on behalf of a company or other organisation, you confirm that you have the authority to bind that organisation. If you do not have that authority, you must not accept these terms on behalf of anyone else. Your use of the website also confirms that you are at least eighteen years old.
About the Company and Developer
The Company is a computer systems design and computer integrated systems design business. The developer LinHuo develops and operates the services offered through the linhuo.lat website. In these terms, the terms we, us, and our refer to the Company and the developer together.
The terms you and your refer to the person or organisation that uses our website or engages our services. The Company is headquartered in Kunming, China, and works with clients across the world, including in the Asia Pacific region, North America, and Europe.
Where these terms refer to particular roles, the Company is the contracting party and LinHuo is the developer responsible for the engineering and operation of the services. This division of responsibilities does not affect the obligations either party owes to you under these terms.
Description of Services
Our services include consulting on computer systems design, planning and architecting new systems, integrating existing systems, developing custom software, deploying platforms, and providing ongoing operation and maintenance. We may also provide related professional services such as security reviews, performance analysis, data migration, and staff training.
The precise scope of each engagement is described in a written proposal or statement of work that we agree with you before work begins. We will provide the services with reasonable skill and care and in accordance with the agreed scope, using personnel with the appropriate qualifications and experience.
Any services not described in the agreed scope are not included unless you request them and we agree to provide them in writing. We will keep you informed of progress throughout the engagement and will flag any issue that may affect the timeline or the quality of the deliverables.
Eligibility
You must be at least eighteen years old to enter into a contract with us or to create an account on any platform we operate. If you are accepting these terms on behalf of a business or other organisation, you represent that you have the authority to bind that organisation.
You also represent that the information you provide to us during registration and throughout our relationship is accurate and complete. You agree to keep that information up to date and to notify us of any change that affects your account or our ability to contact you.
We may refuse service to any person or organisation at our discretion where permitted by law. You may not use our services if you are barred from doing so under applicable law, or if you are located in a jurisdiction where our services may not be lawfully offered.
Registration and Accounts
Some of our services may require you to register an account and choose credentials. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately if you suspect that your account has been compromised.
You agree to provide accurate information when you register and to update that information when it changes. Account credentials are personal to you and must not be shared with unauthorised persons. You are responsible for anyone who uses your account with your permission.
We reserve the right to suspend or close accounts that we reasonably believe to be used for fraudulent, abusive, or unlawful purposes. If we close an account, we will give you notice where practical and will return any data that belongs to you in accordance with our data handling practices.
Client Responsibilities
You agree to provide us with accurate information, timely feedback, and reasonable access to the resources needed to perform our work. You are responsible for the content, data, and materials you provide to us, including making sure that you have the right to use them.
You must cooperate with our team and respond to questions within reasonable timeframes so that the project can proceed on schedule. Delays in your review or approvals may affect delivery dates, and we will adjust schedules accordingly and tell you about any impact as soon as we know.
You are responsible for any systems, networks, or third party services that you connect to the work we deliver. If your obligations are not met, we may suspend work until the issue is resolved, and the timeline will be extended by the period of the delay.
Proposals and Statements of Work
Every engagement begins with a written proposal or statement of work that sets out the services, the deliverables, the timeline, and the fees. The proposal becomes binding when you accept it in writing and, where required, pay any deposit.
Changes to the scope of work are handled through a change request process. We will not begin work that falls outside the agreed scope without your written approval. Each proposal identifies the assumptions that the pricing is based on, and material changes to those assumptions may require an adjustment to fees or timeline.
Any estimates that we provide during a conversation are not binding quotations unless they are confirmed in a signed proposal. We will always confirm fees in writing before starting paid work, and we will never begin work that you have not approved.
Fees, Invoicing, and Payment
Fees for our services are described in the applicable proposal or statement of work. Unless stated otherwise, fees are quoted in the currency specified in the proposal and do not include taxes, which will be added as required by law.
We may invoice according to the schedule in the proposal, and invoices are payable within the period stated on the invoice. If a payment is overdue, we may suspend work or the delivery of services until the balance is paid. Interest or late fees may apply as permitted by law.
We will not unreasonably refuse to discuss payment difficulties, and we encourage you to contact us early if you anticipate a problem with payment. We are committed to fair and transparent billing, and every invoice can be traced back to an agreed part of the scope.
Delivery, Testing, and Acceptance
We will deliver the agreed milestones according to the timeline set out in the proposal. Before a deliverable is considered complete, you will have a reasonable opportunity to review and test it against the acceptance criteria agreed at the start of the engagement.
You should report any defects within the agreed review period. We will use reasonable efforts to correct defects that we have caused within a reasonable time. Deliverables are deemed accepted if you do not raise issues within the agreed review period or if you put the deliverable into production use.
Acceptance does not limit your right to raise issues that were not reasonably discoverable during the review period. We will handle such issues in good faith, and we will correct material defects that are our responsibility at no additional charge.
Intellectual Property Rights
Except for the license granted to you in these terms, we retain all rights in the methodologies, tools, libraries, frameworks, templates, and know-how that we use to deliver our services, together with any improvements we make to them over time.
You retain all rights in your data, your content, and any pre-existing intellectual property that you own. Custom-developed work product that is created specifically for you during an engagement is owned by you once you have paid the fees for that work, subject to our retained rights in our pre-existing materials.
Nothing in these terms transfers ownership of our trade names, logos, or trademarks, including the LINHUO name. You may not use our marks without our prior written permission, and you may not suggest any endorsement or partnership that does not exist.
Licenses We Grant You
For any custom-developed software that we deliver to you, we grant you a non-exclusive, worldwide, perpetual license to use, modify, and distribute that software for your own business purposes, subject to your payment of the applicable fees.
This license does not extend to the separate tools, libraries, and components that are owned by us or by third parties and are merely incorporated into your deliverable. We may make some of our own components available under their own license terms, and those terms apply when you use them separately.
You may not reverse engineer, decompile, or attempt to derive the source code of our proprietary tools, except as permitted by law. You may not remove or alter any copyright notices, license identifiers, or attribution information contained in the deliverables.
Licenses You Grant Us
You grant us a non-exclusive, worldwide license to use your data, content, and materials as necessary to provide the services you request. This license includes the right to process, store, transmit, and display your content on systems that we operate or control, and the right to create backups and perform maintenance.
This license continues for as long as needed to provide the services and ends when the engagement is complete and all copies are removed from our systems in line with our data handling practices. Nothing in this license gives us the right to use your content for any purpose unrelated to the services.
You represent that you have all necessary rights to grant us this license, and that your content does not infringe the rights of any third party. If you provide us with content that requires permission from others, you are responsible for obtaining that permission.
Confidentiality
Each party agrees to keep confidential any non-public information that the other party discloses during an engagement and marks as confidential, or that a reasonable person would understand to be confidential. Confidential information includes business plans, source code, financial data, customer lists, and technical designs.
Each party will use confidential information only for the purpose of performing the engagement and will protect it with the same degree of care used to protect its own confidential information, and no less than a reasonable standard of care. These obligations survive the end of the engagement.
The obligations do not apply to information that is or becomes public through no fault of the receiving party, or that is required to be disclosed by law. If disclosure is required by law, the receiving party will give the disclosing party notice where practical so that it can seek protection.
Acceptable Use
You agree not to use our website or services in any way that violates applicable law or the rights of others. You must not attempt to gain unauthorised access to our systems, networks, or accounts, and you must not introduce malicious software into our environment.
You must not use our services to transmit spam, unlawful content, or content that infringes the intellectual property of others. You must not resell our services without our prior written consent, and you must not interfere with the operation of the services for other users.
We may monitor our systems for security purposes and to maintain the integrity of our platform. We may remove content that we reasonably believe violates these terms, and we may suspend access for users who repeatedly breach them.
Warranties and Disclaimer
We warrant that we will provide our services in a professional manner and in accordance with the agreed scope. We will use reasonable efforts to deliver the work described in the proposal on time and to the agreed specification.
To the maximum extent permitted by law, all other warranties are excluded. Our services and any deliverables are provided as is and without warranty of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that our services will be uninterrupted, error free, or completely secure, or that they will meet every unstated expectation. We cannot control the behaviour of third party systems that interact with our work, and we accept no liability for failures caused by them.
Limitation of Liability
To the maximum extent permitted by law, our total liability to you for any claim arising out of or related to these terms or our services will not exceed the total fees you have paid to us in the twelve months preceding the claim.
We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or loss of business opportunity, even if we were advised of the possibility of such damages.
The limitations in this section apply regardless of the legal theory on which a claim is based, whether in contract, tort, negligence, or otherwise. Certain laws do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you.
Indemnification
You agree to indemnify and hold harmless the Company, the developer LinHuo, and our officers, employees, and agents from and against any claims, damages, losses, liabilities, and reasonable expenses arising out of your use of our services, your breach of these terms, or your violation of the rights of any third party.
This includes claims arising from content you provide, from your failure to obtain the rights you need, and from your use of deliverables in ways not authorised by these terms. We will give you prompt notice of any claim and reasonable assistance in defending it.
We reserve the right to take exclusive control of the defence of any claim for which you are required to indemnify us, at your expense. You may not settle any such claim without our prior written consent where the settlement would affect us.
Term and Termination
These terms apply from the date you first use our website and remain in effect until terminated. Either party may terminate an engagement by giving written notice in accordance with the proposal or by mutual agreement.
You may terminate these terms and any engagement at any time, provided that you remain liable for fees accrued up to the date of termination and for any minimum commitments in your proposal. We may terminate an engagement for convenience on written notice.
If we terminate, you will receive a refund of any pre-paid fees for services not yet delivered, less any amounts you owe us. Termination does not affect rights and obligations that have already accrued or that are intended to survive termination, such as confidentiality and indemnification.
Suspension of Services
We may suspend access to our services or pause work on an engagement if we reasonably believe that continued operation would expose us to security, legal, or financial risk. We may also suspend services if you fail to pay amounts due, if you breach these terms, or if you interfere with the operation of our systems.
Where practical, we will give you advance notice of a suspension and a reasonable opportunity to correct the cause. We will lift a suspension as soon as the cause has been resolved.
During a suspension, your obligations under these terms continue, and the timeline for the engagement will be adjusted to account for the delay. A suspension does not terminate these terms unless we tell you otherwise in writing.
Third Party Services
Our work may involve integration with software, platforms, and services provided by third parties. We are not responsible for the availability, security, or performance of those third party services, and we make no warranties about them.
Where a third party service is required for our work to function, you are responsible for maintaining any accounts and subscriptions you need with that provider. We will make reasonable efforts to support you with integrations, but the terms of the third party provider will govern your use of its service.
You should review the terms and policies of any third party service before relying on it. We will always tell you which third party services are involved in your project so that you can make an informed decision.
Changes to These Terms
We may revise these Terms of Service from time to time to reflect changes in our business, in technology, or in the law. When we make material changes, we will update the effective date at the top of this page and, where practical, notify you by email or through the website.
Changes take effect when they are published unless a later date is specified. Your continued use of our website or services after changes are published constitutes acceptance of the revised terms.
If you do not agree with a change, you may stop using our services and, if applicable, terminate your engagement in accordance with these terms. We will not apply changes retroactively in a way that harms your rights under an existing engagement.
Governing Law and Dispute Resolution
These terms are governed by the laws of the People Republic of China, without regard to its conflict of law principles. Any dispute arising out of or in connection with these terms will first be referred to good faith negotiations between the parties.
If the parties cannot resolve the dispute through negotiation within a reasonable period, the dispute will be submitted to the competent courts of the place where the Company is registered. You agree to submit to the jurisdiction of those courts.
Nothing in this section prevents either party from seeking urgent injunctive or equitable relief in any court of competent jurisdiction to protect its rights, including its rights over intellectual property and confidential information.
Severability and Waiver
If any provision of these terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.
Our failure to enforce any provision of these terms does not constitute a waiver of that provision or of our right to enforce it later. A waiver of any provision in one instance does not waive that provision in any other instance.
These terms, together with any proposal, statement of work, or other written agreement that incorporates them, constitute the entire agreement between you and the Company with respect to the subject matter described here, and they supersede any prior agreements or understandings.
Contact Information
If you have any questions about these Terms of Service, please contact us. You may reach the developer LinHuo and the Company by email at reply@linhuo.lat or by telephone at +13096066599.
You may also write to us by post at the Company address: Kunming Lin Huo Fu E-commerce Co., Ltd., Rm 605, 6/F, Wuhua Building, No. 19 Dongfeng West Road, Wuhua District, Kunming - 650000, China (CN).
The contact person for these matters is Han Linlin. We will respond to inquiries within a reasonable period. Where the law requires a particular form of notice, we will follow the requirements of the law.