AJINGA USER AGREEMENT


1. INTRODUCTION.
A. Purpose.
The mission of AJINGA is to build China’s future by matching talent with opportunity. To achieve our mission, we make services available through our website and mobile applications, to help our candidate users (“Candidate Users”) find opportunities, and to help our organization users (“Organization Users”, and together with Candidate Users, “Users” and each a “User”) find the right candidates for their open opportunities, and assess existing team members for selection or development.

B. Scope and Intent.
You agree that by registering with AJINGA, or by accessing or using our website, our mobile applications or information provided as part of the services we make available through our website and mobile applications (the “Services”), you, as an individual or an entity as applicable, are entering into a legally binding agreement with BoJin HR Management (Shanghai) Co. Ltd. (“we,” “us,” “our,” or “AJINGA”) based on the terms of this AJINGA User Agreement and the AJINGA Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”). By registering with AJINGA, or by using our website or mobile applications, you also agree to be an AJINGA User.

The Services include without limitation, job/membership posting, job/membership information, job/membership application, job/membership recommendations, job/membership searches, talent assessment, job/membership matching, hiring and hosting of a platform to deliver such Services, including our website and our mobile applications.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the terms of this Agreement, in which case “you” and “your” shall refer to such entity and its affiliates. If such entity has a separate written agreement with us, the terms of that separate written agreement shall apply to such entity’s use of the Services instead of the terms of this Agreement.

If you do not want to register an account, do not conclude this Agreement, do NOT click “Join AJINGA” and do not access, view, download or otherwise use any AJINGA webpage, information, mobile applications or services. By clicking “Join Now,” you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Join Now,” you also consent to the use of an electronic signature, and acknowledge that the click of the “Join Now” button has the same legal effect.

2. YOUR OBLIGATIONS.
A. Applicable Laws and this Agreement
You must comply with all applicable laws, and this Agreement, as the same may be amended from time to time, including the AJINGA privacy policy, which is available at this link: www.ajinga.com/policy/.

B. License and Warranty for Your Submissions to AJINGA.
You own the information you provide to AJINGA under this Agreement, and may request deletion of such information at any time. However, with respect to the information you share with other Users of AJINGA, AJINGA does not have any control over such information, and you shall bear all risk in connection with the sharing of such information. In addition, you hereby grant AJINGA a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to AJINGA, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the Services, you submit to AJINGA, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 (Your Obligations) and 3 (Your Rights) of this Agreement.

By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, true, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your AJINGA profile information accurate and updated.

C. Service Eligibility.
To be eligible to use the Services, you must meet the following criteria and you hereby represent and warrant that you: (1) if you are an individual, are 18 years of age or older, or above 16 years of age and have an independent source of income; (2) are not currently restricted from using the Services, or not otherwise prohibited from having an AJINGA account by the relevant laws of your jurisdiction or this Agreement, (3) are not a competitor of AJINGA or are not using the Services for reasons that are in competition with AJINGA or the Services; (4) will only maintain one AJINGA account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of AJINGA, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.

D. Sign-In Credentials.
You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring or lending your AJINGA account to another party; and (5) refrain from charging anyone for access to any portion of the Services, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please email service@ajinga.com.

E. Indemnification.
You hereby agree to indemnify us and hold us harmless for all damages, losses and costs (including without limitation reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with the terms of this Agreement, including without limitation your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through the Services in violation of the terms of this Agreement or applicable law.

F. Payment.
Most AJINGA services are provided free of charge to you but we do provide optional additional fee based Services for Organization Users and may decide to provide optional additional fee based Services for Candidate Users. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis you agree to AJINGA storing your payment information. You also agree to pay the applicable fees as they become due plus all related taxes. Your obligation to pay fees continues through the end of the subscription period during which you may cancel your subscription. Organization Users that purchase additional fee based Services will be required to enter into an additional written agreement with us.

G. Notify us of Acts Contrary to the Terms of this Agreement.
If you believe that you are entitled or obligated to act contrary to the terms of this Agreement under any mandatory law, you agree to provide us with a detailed and substantiated explanation of your reasons in writing via email at least 30 days before you act contrary to the terms of this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. Such notifications should be sent to service@ajinga.com

H. Notices and Service Messages.
For purposes of service messages and notices about the Services, AJINGA may post notices on our webpages or make notices available through our mobile applications to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from AJINGA to an email address associated with your account, even if we have other contact information. You also agree that AJINGA may communicate with you through your AJINGA account or through other means including email, mobile phone, telephone, or delivery services including the postal service, about your AJINGA account or the Services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information associated with your AJINGA account, including without limitation your failure to receive critical information about the Services.

I. AJINGA Applications.
AJINGA may offer the Services through applications built using AJINGA’s platform (“AJINGA Applications”). Examples of AJINGA Applications include the Ajinga mobile applications for use on smart phones, tablets and other mobile devices. AJINGA Applications are distinct from Third Party Applications addressed in Section 4.B (Third Party Sites and Applications). If you use an AJINGA Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or webpages containing AJINGA plugins that load in your browser may be communicated to us. You acknowledge and agree that some of your information, including your location or if you are an Organization User the location of your members that use our mobile application with the location disclosure setting in the “on” mode, will be visible by other Users of our mobile application.

Further, by importing any of your AJINGA data through an AJINGA Application, you represent that you have the authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your AJINGA account information to ensure that your messages are not sent to the person that acquires your old number. Updating your AJINGA account information is your responsibility and we shall not be liable for any losses that you incur due to your failure to promptly update your account information. You acknowledge you are responsible for all charges and necessary permissions related to accessing AJINGA through your mobile access provider. Therefore, you should check with your provider to find out if the services are available and the terms for these services for your specific mobile devices.

Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the end user license agreement associated with the application provided at download or installation, which may be the same as this Agreement, or as may be updated from time to time.

J. User-to-User Communication and Sharing
AJINGA may also enable sharing of information by allowing Users to post updates such as job opportunities and other content to their profile and other parts of the website.

Please note that ideas you post and information you share may be seen and used by other Users, and AJINGA cannot guarantee that other Users will not use the ideas and information that you share on the Services. Therefore, if you have an idea or information which you would like to keep confidential and/or do not want others to use, or that is subject to third party rights that may be infringed by your sharing, do not post it anywhere on the Services. AJINGA IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON THE SERVICES.

If any content you post on our website or through our mobile applications do not comply with applicable law, this Agreement or other requirements that we may have, we shall have the right to remove such content without prior notification to you.

K. Talent Assessment
If you are a Candidate User, when registering with AJINGA, you may be required to take an assessment test and answer various questions, including without limitation questions about personal skills, personal values and interests together with verbal, numerical and abstract analysis. If so, AJINGA will provide a report on the basis of the results of the assessment. AJINGA shall have the right to refer to such assessment report at its own discretion. You hereby acknowledge and agree that such results are automatically generated by the system based on your answers, and such assessment report does not represent AJINGA’s opinions or attitudes. You have no right to file objections to, appeal from or otherwise make claims against AJINGA in connection with the results of an assessment test or the contents of an assessment report.

If you would like to re-take the assessment test for any reason, you may do so a maximum of two (2) additional times with the schedule subject to AJINGA’s discretion and convenience. Please email service@ajinga.com to arrange to re-take the assessment test.

If you are a Candidate User, you acknowledge and agree that when you apply for job positions through the Service, organizations will have access to the assessment report. You confirm that you will not file objections to, appeal from or otherwise make claims against AJINGA or the organizations because such organizations apply membership screening criteria, or make final selection decisions, based on the results set forth in the assessment report.

L. Privacy.
Before becoming a User, you should carefully read our full Privacy Policy, which is incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information, you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to AJINGA are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is completely voluntary.

M. Contributions to AJINGA
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to us through our suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to us all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances with respect to your Contributions.

3. YOUR RIGHTS.
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to (i) access the Services, through a generally available web browser, mobile device or mobile application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of AJINGA), and (ii) view information and use the Services that we provide on our webpages or through our mobile applications, each in accordance with the terms of this Agreement.

Any use of the Services contrary to our mission and purpose (such as to use information gathered from the Service commercially unless expressly authorized by AJINGA) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including without limitation title, ownership, intellectual property rights, and all other rights and interest the Services, our website, our mobile applications and all related items, including any and all copies made of the our website.

4. OUR RIGHTS AND OBLIGATIONS.
A. Services Availability.
For as long as we continue to offer the Services, we shall provide and seek to update, improve and expand the Services. As a result, we allow you to access the Services as they may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or change and modify prices for all or part of the Services for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on our website, by notification through our mobile applications or by direct communication to you unless otherwise noted. We further reserves the right to withhold, remove and /or discard any content available as part of your account, with or without notice to you if deemed by us to be contrary to the terms of this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide you with a copy of any content that you or other Users post when using the Services.

B. Third Party Sites and Applications.
We may include links to third party websites (“Third Party Sites”) on www.ajinga.com and make third party applications (“Third Party Applications”) available through or for use in connection with the Services.

You are responsible for evaluating whether you want to access or use a Third Party Site or Third Party Application. You should review any applicable terms and/or privacy policy of a Third Party Site or Third Party Application before using it or sharing any information with it, because you may give the operator permission to use your information in ways that we would not use your information.

We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Third Party Applications. We also do not screen, audit, or endorse Third Party Applications. Accordingly, if you decide to access Third Party Sites or use Third Party Applications, you do so at your own risk and agree that your use of any Third Party Application is on an “as-is” basis without any warranty from us as to the application developer’s actions or other matters, and that this Agreement does not apply to your use of any Third Party Site or Third Party Applications.

For additional information regarding Third Party Sites and Third Party Applications, please refer to AJINGA’s Privacy Policy.

C. Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration information, your assessment information (if any) and any other information you provide to us, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of AJINGA, our Users or the public.

Disclosures of User information to third parties other than those required to provide customer support, administer this Agreement, or comply with legal requirements are addressed in the Privacy Policy.

D. Connections and Interactions with Other Users.
You are solely responsible for your interactions with other Users, whether such Users are Candidate Users or Organization Users. AJINGA may limit the number of interactions you may have with other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. AJINGA reserves the right, but is under no obligation, to monitor disputes between you and other Users, and to restrict, suspend, or close your account if AJINGA determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

5. AJINGA REFERRAL PROGRAM.
A. Clauses Applicable for Organization Users.
1. AJINGA Referral Program is one of the Services provided by AJINGA, through which the Organization User may promote, or authorize others to promote, the information of the recruiting position published by the Organization User (for purpose of this Section 5 hereinafter the “Position”) to third parties, so that the persons who receive the promoted information (for purpose of this Section 5.A hereinafter the “Referrer”) may transmit such information to potential candidates (for purpose of this Section 5.A hereinafter the “Candidate”) for their application of such Position, and the Organization Users shall thus grant AJINGA Referral Program Points (hereinafter “AJINGA Points”) to Referrers who have transmitted such information to the Candidates that achieve the granting conditions set by the Organization User.
2. The Organization User hereby agrees and understands the following matters relating to the AJINGA Referral Program:
a. During the process of the use of the Services relating to AJINGA Referral Program by the Organization User, AJINGA will obtain relevant information and may maintain and use such information according to AJINGA’s own needs.
b. AJINGA shall not be liable for any information or material provided by any third party, i.e., AJINGA does not guarantee either the authenticity, accuracy and completeness of the Referrer or Candidate’s information submitted to the Organization User, or any matter relating to the Referrer’s or Candidate’s application, recruitment or work in respect of any Position.
c. AJINGA may decide at its own discretion how and through what medium the Organization User should grant AJINGA Points to Referrers, as well as for what (including for cash, goods or services) and through what (including but not limited to payment to Referrers through Wechat Payment for the redemption for AJINGA Points held by the Referrers) AJINGA Points held by Referrers can be redeemed.
d. Publishing a position through AJINGA Referral Program by the Organization User creates binding effects towards the Organization User under AJINGA’s then effective relevant terms and policies, and the Organization User is thus obligated to fully grant AJINGA Points to Referrers qualified for the granting conditions set by the Organization User. If the granting conditions set by the Organization User will be triggered upon any Candidate’s application of a Position or attendance of the interview of such Position, the Organization User shall, at or before the publishing of such Position, purchase the corresponding amount of AJINGA Points equal to the maximum AJINGA Points that is foreseeable to be granted. For avoidance of ambiguity, regarding any granting condition that does not require the Organization User’s purchase of AJINGA Points in advance, the Organization User is obligated to grant such AJINGA Points to qualified Referrers (and purchase corresponding AJINGA Points if the Organization User does not own enough AJINGA Points) within 5 working days upon the satisfaction of such granting condition.
e. The purchase and granting rules of AJINGA Points shall be subject to AJINGA’s then effective rules and policies. The User has or will have agreed to complete the grant of the corresponding AJINGA Points upon the satisfaction of the granting conditions set by the Organization User, and agrees and irrevocably authorizes AJINGA to conduct relevant granting activities (including but not limited to grant AJINGA Points to the Referrer and withhold and pay 20% individual income taxes) according to the granting conditions set by the User and AJINGA’s then effective purchase and granting rules of AJINGA Points.
f. The Organization User shall not seek for any avoidance of purchase of AJINGA Points or grant of AJINGA Points. If any Candidate who begins to work for or passes the probation of any position of the Organization User or any related party of the Organization User (whether through a labor dispatching enterprise or not) within one year after any Candidate’s application for any Position, such Candidate should be deemed on board of such Position, no matter whether the Candidate actually is on board of or has passed the probation of such Position.
g. Any and all AJINGA Points purchased by the User through all channels may not be refunded or redeemed and all AJINGA Points may not be returned or re-used once granted.
h. Though in AJINGA’s websites and mobile applications (for purpose of this Section 5 hereinafter the “Platforms”) or other advertising medias AJINGA may agree to pay to the Referrers certain AJINGA Points, AJINGA still retains the right to decide whether to set restrictive conditions for the grant of AJINGA Points at AJINGA’s sole discretion, e.g. if any Referrer fails to provide necessary and timely support to AJINGA or fails to act in good faith in any aspect, or violates any applicable law or regulation, AJINGA shall have the right to suspend or refuse the Organization User’s grant of AJINGA Points to such Referrer.
i. The relevant information submitted by the Organization User in relation to all Position will be open to the Platforms and be available for public’s review.
j. The Organization User shall timely and accurately update in the Platforms: (i) the recruiting progress and employment status (including but not limited to the application status, interview status, on board status, probation status and termination of or in relation to the employment relationships, service relationship or similar work relationship between the Candidate and the Organization User or between the Candidate and any relevant third party through which the Organization User or its related party establishes the aforementioned relationship with the Candidate) regarding each Candidate in respect of corresponding Position, and (ii) the User’s internal recruiting approval process and procedures (including but not limited to the increase or deduct of any approval process and the change of the approval department).
k. The Organization User is obligated to confirm, in respect of any Position, whether each relevant Referrer is an employee of the Organization User, and for any Referrer’s requests for acceptance as an employee-Referrer of the Organization User, the Organization User shall confirm in a timely manner.
l. If the Organization User has any problem regarding the operation on the Platforms, the User shall contact AJINGA at first time and seek for the corresponding solutions of such problem. For any reason not attributable to AJINGA, any of the User’s mis-operation or omission of operation on the Platforms shall not become the reason for exemption of any of the User’s obligations.

B. Clauses Applicable for Individual Users.
1. The AJINGA Referral Program is one of the Services provided by AJINGA. If an Individual User transmits information about a Position published by an Organization User on AJINGA’s Platforms attached with the AJINGA Referral Program and eventually any third party who clicks the promoting links transmitted by the Individual User (for purpose of this Section 5.B such third party hereinafter the “Candidate”) successfully applies for the Position through such links, or afterwards attends the interview, accepts the offer or passes the probation of such Position, the Organization User will grant the Individual User corresponding AJINGA Points according to the granting conditions in respect of such Position.
2. The Individual User hereby agrees and understands the following matters relating to the AJINGA Referral Program:
a. Regarding the promotion of the Position by the Individual User, the Individual User shall accept the then effective granting conditions and relevant terms and policies in respect of such Position.
b. During the process of the use of the Services relating to AJINGA Referral Program by the Individual User, AJINGA will obtain relevant information and may maintain and use such information according to AJINGA’s own needs.
c. AJINGA may decide at its own discretion how and through what medium the Organization User should grant AJINGA Points to the Individual User, as well as for what (including for cash, goods or services) and through what (including but not limited to payment to the Individual User through Wechat Payment for the redemption for AJINGA Points held by the Individual User) AJINGA Points held by the Individual User can be redeemed. The Individual User agrees to accept the grants and redemptions in manners and through mediums designated by AJINGA and further agrees that AJINGA may withhold and pay the Individual User’s 20% individual income taxes and other related taxes regarding the redemptions for AJINGA Points held by the Individual User though AJINGA shall not be obligated to provide the relevant evidencing documents to the Individual User regarding the withholding and payment of such individual income taxes and other related taxes.
d. The Individual User is obligated to provide real personal information (including but not limited to the copy of the Individual User’s resident identification card and the information of the account which is eligible for the receipt of the awards and redemptions) to AJINGA according to AJINGA’s requirement so as to assist in the Individual User’s receipt of Organization Users’ grant of AJINGA Points to the Individual User, in AJINGA’s payment of the redemptions for AJINGA Points held by the Individual User, and in the withholding and payment of the User’s individual income taxes (such assistance including but limited to answer AJINGA’s phone contact to confirm relevant information on an as-needed basis). If the Individual User fails to provide the personal information to AJINGA as required by AJINGA, AJINGA shall have the right, at its own discretion, to postpone, suspend or terminate AJINGA Points granted by Organization Users to the Individual User and/or all redemptions for AJINGA Points held by the Individual User to be paid to the Individual User.
e. Though in Platforms or other advertising medias AJINGA may agree to pay to the Individual User certain AJINGA Points, AJINGA still retains the right to decide whether to set restrictive conditions for the grant of AJINGA Points at AJINGA’s sole discretion, e.g. if the Individual User fails to provide necessary and timely support to AJINGA or fails to act in good faith in any aspect, or violates any applicable law or regulation, AJINGA shall have the right to suspend or refuse Organization Users’ grant of AJINGA Points to the Individual User.
f. If the Individual User has any problem regarding the operation on the Platforms, the Individual User shall contact AJINGA at first time and seek for the corresponding solutions of such problem. For any reason not attributable to AJINGA, any of the Individual User’s mis-operation or omission of operation on the Platforms shall not become the reason for exemption of any of the Individual User’s obligations.
g. If the Individual User fails to apply for the redemption of AJINGA Points within two years after the Individual User is granted with corresponding AJINGA Points, such AJINGA Points shall automatically expire and AJINGA shall have no obligation to pay any redemption of such AJINGA Points to the Individual User.

6. DISCLAIMER.
DO NOT RELY ON THE SERVICES, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE SERVICE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. AJINGA DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF AUTHENTICITY OF OPPORTUNITIES, ACCURACY OF USER PROFILES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE SERVICE OR ANYTHING RELATED TO THE SERVICE, YOU MAY CLOSE YOUR AJINGA ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 8 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

AJINGA IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS, CONTACTING OTHER USERS, OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SERVICE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE AJINGA WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO AJINGA. AJINGA IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION REPRODUCED. WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE AUTHENTICITY OF SUCH CONTENT OR INFORMATION. AJINGA IS NOT RESPONSIBLE FOR ANY CONSEQUENCES OF THE EVENTS HEREIN MENTIONED.

AJINGA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO THE SERVICES, NOR DOES AJINGA HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS. THEREFORE, AJINGA DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

AJINGA DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. AJINGA DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, AJINGA DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE AJINGA WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

7. LIMITATION OF LIABILITY.
Neither we nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“AJINGA Affiliates”) shall be liable for (a) any damages in excess of the service fee actually paid by you for access to the Services or RMB 1,000, whichever amount is lower, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, our website, our mobile applications or any of the content or other materials on, accessed through or downloaded from our website, our mobile applications or the Service. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

A. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
B. Not apply to any damage that AJINGA may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed by the terms of this Agreement.

8. TERMINATION.
A. Mutual Right of Termination.
You may terminate this Agreement, for any or no reason, at any time, by providing notice to AJINGA in accordance with Section 10.C (Notices) of this Agreement. Your termination notice will be effective as soon as we process your notice. AJINGA may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice to you. Termination by AJINGA shall be effective immediately or as may be specified by AJINGA. Termination of your AJINGA account includes disabling your access to the Services and may also bar you from any future use of the Services.

B. Misuse of the Services.
AJINGA may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes abusing the AJINGA messaging services, creating false profiles, using the Services commercially without AJINGA’s authorization, infringing any intellectual property rights of AJINGA or third parties, violating any of the Do’s and Don’ts listed in Section 11 (AJINGA User “Dos” and “Don’ts”) of this Agreement, or any other behavior that AJINGA, in its sole discretion, deems contrary to the purpose of the Services.

C. Effect of Termination.
Upon the termination of your AJINGA account, you will lose access to the Services. The terms of this Agreement shall survive any termination, except for the terms of Section 3 (Your Rights), Section 4.a (Services Availability) and Section 5 (AJINGA Referral Program) hereof.

9. DISPUTE RESOLUTION
The commencement, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People’s Republic of China. Any dispute in connection with this Agreement shall be submitted to Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) (“SHIAC”) for arbitration, which shall be conducted in accordance with SHIAC’s arbitration rules in effect at the time of submission. The arbitration award shall be final and binding upon you and AJINGA.

10. GENERAL TERMS.
A. Severability.
If any provision of this Agreement is found by a tribunal of competent jurisdiction or an arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a tribunal or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

B. Language.
The Chinese language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service, will govern your relationship with AJINGA.

C. Notices.
In addition to Section 2.h (Notices and Service Messages), we may notify you via postings on www.ajinga.com or through our mobile applications. You may contact us at service@ajinga.com.

Or your may contact us via mail or courier at:

上海市陕西南路25弄12号203-206单元 (200020)

In addition, AJINGA accepts service of process at this address. Any notices that you provide that do not comply with the terms of this section shall have no legal effect.

D. Entire Agreement.
Unless you are an Organization User and have entered into a separate written agreement with us, you acknowledge and agree that this Agreement, including our Privacy Policy, constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AJINGA services, third-party content or third party software.

E. Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement from time to time, with such modified, supplemental or replacement terms being effective upon posting at www.ajinga.com or upon notification to you through other means permitted by this Agreement. For example, we may present a banner on our website when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the website or our mobile applications. If you do not agree to the changes made to this Agreement, you can terminate this Agreement at any time pursuant to Section 7 (Termination).

F. No Informal Waivers, Agreements or Representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by this Agreement, no representations, statements, consents, waivers or other acts or omissions by any AJINGA Affiliate shall be deemed legally binding on any AJINGA Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of AJINGA.

G. No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

H. Beneficiaries.
Entities other than AJINGA, that AJINGA owns a 50% or greater interest in or otherwise controls, is controlled by or is under common control with (“Affiliate”) are not parties to, but are intended third party beneficiaries of, this Agreement, with a right to enforce the Agreement directly against you.

I. Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation effective upon notice to you, AJINGA for any third party that assumes our rights and obligations under this Agreement.

J. Potential Other Rights and Obligations.
AJINGA shall have the right to temporarily or permanently terminate the Services (or any part of the Services) at any time with or without notification. AJINGA shall not be liable to any User or third person for the termination of the Services. AJINGA shall have the right to terminate any User’s account, password or use of the Service, or delete and remove the contents that Users store or post on the Ajinga website or through the Ajinga mobile applications for any reason without notification and without assuming any liability to any User or third person.

11. AJINGA USER “DOS” and “DON’TS.”
As a condition to accessing the Service, you agree to the terms of this Agreement and to strictly observe the following DOs and DON’Ts:
A. Do undertake the following:
1. Comply with all applicable laws, including without limitation privacy laws, intellectual property laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and update the information you have provided as necessary;
3. Review and comply with our Privacy Policy;
4. Review and comply with notices sent by AJINGA concerning the Services; and
5. Use the Services in a professional manner.

B. Don’t undertake the following:
1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the Services;
2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field);
3. Create a user profile for anyone other than a natural person if you are a Candidate User;
4. Harass, abuse or harm another person, including sending unwelcomed communications to others using AJINGA;
5. Upload a profile image that is not your likeness or that is not a head-shot photo;
6. Use or attempt to use another's account without authorization from AJINGA, or create a false identity on AJINGA;
7. Upload, post, email, transmit or otherwise make available or initiate any content that:
a. Falsely states, impersonates or otherwise misrepresents your identity, including without limitation the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
b. Is religious or political in nature, unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
c. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including any personally identifiable information for which there is not a field provided by AJINGA in a field provided by AJINGA);
d. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
f. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
g. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of AJINGA or any User of the Services; or
h. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services;
8. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
9. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on AJINGA (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by AJINGA;
10. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
11. Utilize or copy information, content or any data you view on and/or obtain from AJINGA to provide any service that is competitive, as determined by AJINGA in its sole discretion, with the Services;
12. Imply or state, directly or indirectly, that you are affiliated with or endorsed by AJINGA unless you have entered into a written agreement with AJINGA establishing such affiliation and authorizing disclosure of the same (this includes, but is not limited to, representing yourself as an accredited AJINGA trainer if you have not been certified by AJINGA as such);
13. Adapt, modify or create derivative works based on the Services or technology underlying the Services, or other Users’ content, in whole or part, except as permitted by AJINGA;
14. Rent, lease, loan, trade, sell/re-sell access to the Services or any information therein, or the equivalent, in whole or part;
15. Sell, sponsor, or otherwise monetize any service or functionality of the Service, without the express written permission of AJINGA;
16. Deep-link to the AJINGA website for any purpose, (i.e. including a link to an AJINGA webpage other than AJINGA’s home page) unless expressly authorized in writing by AJINGA.
17. Remove any copyright, trademark or other proprietary rights notices contained in or on the AJINGA website, the AJINGA mobile applications or the Services, including those of both AJINGA and any of its licensors;
18. Remove, cover or otherwise obscure any form of advertisement included on or in the AJINGA website, the AJINGA mobile applications or the Services;
19. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
20. Share information of non-Users without their express consent;
21. Infringe or use AJINGA’s brand, logos and/or trademarks, including without limitation using the word “AJINGA” in any business name, email, or URL or including AJINGA’s trademarks and logos except as expressly permitted by AJINGA;
22. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any webpages or other services contained in or offered through the AJINGA website or the AJINGA mobile applications;
23. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other activities through the Services, unless explicitly permitted by AJINGA;
24. Access, via automated or manual means or processes, the Services for purposes of monitoring the Services’ availability, performance or functionality for any competitive purpose;
25. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of AJINGA’s website;
26. Attempt to or actually access the Services by any means other than through the interfaces provided by AJINGA such as its mobile application or by navigating to http://www.ajinga.com using a web browser. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including the Services;
27. Attempt to or actually override any security component included in or underlying the Services;
28. Engage in any action that directly or indirectly interferes with the proper operation of, or places an unreasonable load on, the Services’ infrastructure, including without limitation sending unsolicited communications to other Users or AJINGA personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses through or on the Services; and
29. Interfere with or disrupt or game the Services, including, but not limited to, any servers or networks connected to the Services, in particular the Services’ search algorithms.

BoJin HR Management (Shanghai) Co. Ltd., 2016