Terms of Use

SIFANG INTERNATIONAL INVESTMENT GROUP INC.
(“SIFANG”)

WEBSITE TERMS OF USE

The legal agreement set out below governs your use of Sifang’s websites.

  1. Acceptance. These Terms and Conditions of Use, including Sifang’s privacy policy, which is incorporated herein by reference (the “Terms of Use”) apply to Sifang’s website located at www.sypc.ca and all associated sites linked to www.sypc.ca by Sifang and its affiliates (collectively, the “Websites”).

    BY USING THE WEBSITES, YOU (THE “USER”) AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

    Sifang reserves the right, in its sole discretion, to change, modify, add to, supplement or delete any of the terms of these Terms of Use at any time, effective upon prior notice as follows: Sifang will post the revised version of these Terms of Use on the Websites and may provide such other notice to the User as Sifang may elect in its sole discretion. It is the User’s responsibility to check these Terms of Use periodically for changes. If any future changes to these Terms of Use are unacceptable to the User or cause the User to no longer be in compliance with these Terms of Use, the User should no longer use the Websites. The User’s continued use of the Websites following the notice of changes to these Terms of Use will be deemed the User’s acceptance of any and all such changes.

  2. Access to the Website. The User is responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the Websites and is responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the Websites. The Websites are the property of Sifang and/or its affiliates.
  3. Additional Services. Sifang offers additional services or features through the Websites (the “Services”), which require users to create an account to access Services and which are subject to additional terms and conditions, which must be accepted by the User prior to using any such Services.

  4. Requirements for Use of the Websites. By using the Websites, the User represents, warrants and covenants with Sifang as follows:

    1. The User may not use the Websites to infringe any third party’s privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
    2. The User will not post, transmit or provide to Sifang or the Websites any information, software or other material which contains a virus or other harmful component.
    3. The User may not attempt to gain unauthorized access to any portion or feature of the Websites, or any other systems or networks connected to the Websites or to any of the services offered on or through the Websites, by hacking, password “mining” or any other illegitimate means.
    4. The User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any transaction being conducted on the Websites, or with any other person’s use of the Websites.
    5. The User agrees not to use or launch any automated system, including without limitation any “robot” or “spider” that accesses the Websites. The User agrees not to collect or harvest any personally identifiable information from the Websites nor to use the communication systems provided by the Websites for any commercial solicitation purposes. The User agrees not to solicit, for commercial purposes, any users of the Websites.
    6. The User agrees to use the Websites only for lawful purposes. The User is solely responsible for compliance with any and all laws, statutes, by-laws, regulations, rules, policies or guidelines pertaining to the use of the Websites; the use of any networks or other services (including Third Party Content) connected to the Websites; and the means of communications by which the User connects its modem, computer, server or other equipment to the Websites.
    7. The User will not violate any operating rule, policy or guideline of its internet service provider or online service.

  5. Sifang Rights. Sifang has the right to investigate any reported or apparent breach by the User of these Terms of Use, and to take action that Sifang, in its sole discretion and without prior notice, deems appropriate including, without limitation, termination of the User’s access to the Websites and/or blockage of the User’s future access to the Websites.

    The User agrees that any violation by the User of these Terms of Use will cause irreparable harm to Sifang for which monetary damages would be inadequate, and the User consents to Sifang obtaining any injunctive or equitable relief that Sifang deems necessary or appropriate in such circumstances.

    The User agrees that Sifang may, in its sole discretion and without prior notice, terminate the User’s access to the Websites, for cause, which includes, without limitation, requests from law enforcement or other government agencies, a request by the User, discontinuance or material modifications of the Websites or unexpected technical issues or problems.

  6. User Information. The User agrees that Sifang has the right, without liability to the User, to disclose any User information to law enforcement authorities, government officials and/or a third party as Sifang believes is necessary or appropriate to enforce and/or verify the User’s compliance with any part of these Terms of Use (including, but not limited to Sifang’s right to cooperate with any legal process relating to the User’s use of the Websites and/or any third party claim that the User’s use of the Websites is unlawful or infringes such third party’s rights).

  7. Intellectual Property.

    1. The User acknowledges and agrees that the information, content and materials generated in respect of the Websites including, without limitation, graphics, user interface, audio and video clips, editorial content, and the scripts, code and software used to implement the Websites, contains proprietary information and material that is owned by Sifang and/or its licensors and is protected by applicable intellectual property and other laws including, but not limited to, patents, copyrights and trademarks. The User agrees that it will not use such proprietary information or materials in any way whatsoever, except for the use of the Websites in compliance with these Terms of Use. No portion of the Websites may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use. The User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Websites in any manner and that the User shall not exploit the Websites in any unauthorized way whatsoever.
    2. Notwithstanding anything to the contrary in these Terms of Use, Sifang or its licensors reserve the right to change, suspend, remove or disable access to any of the Websites, content or other material comprising a part of the Websites at any time and without notice. In no event shall Sifang be liable for the making of such changes.
    3. “Sifang”, “SYPC”, “sypc.ca”, “sifanghome.com” and other Sifang trademarks, trade names, service marks, graphics, domain names and logos used in connection with the Websites are trademarks or registered trademarks of Sifang. Other trademarks, trade names, service marks, graphics and logos used in connection with the Websites may be the trademarks of their respective owners. The User is not granted any right or licence with respect to, or the use of, any of the aforementioned trademarks.
  8. Disclaimers. To the fullest extent permitted by law, Sifang disclaims all warranties and conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement in respect of the Websites. In particular, Sifang makes no representations or warranties that (1) the Websites or any Internet site linked to or from the Websites will be uninterrupted or error free, that defects will be corrected, or that the Websites, including any interactive areas, or the server that makes the Websites available are free from viruses or other harmful components; (2) the timeliness, sequence, accuracy, authority, completeness, usefulness, non-infringement, reliability, availability or substance of any content, information, or transaction provided as part of the Websites. The Websites are provided on an “as is”, “as available” basis.
  9. Third Party Content Disclaimer. Sifang may provide third party content on the Websites or may provide links to other Internet sites or to content of third parties (collectively, “Third Party Content”) for information purposes. Sifang does not monitor or have any control over any Third Party Content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers or users, are not those of Sifang. Sifang does not endorse or adopt any Third Party Content and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content or any opinion, advice or statement made on the Websites by any third party. The User may use such Third Party Content at its own risk.

  10. Limitation of Liability.Sifang shall not be liable for any lost, incomplete, illegible, misdirected information on the Websites, unavailable connections, failed, incomplete, garbled or delayed transmissions, online failures, hardware, software or other technical malfunctions or disturbances, electrical surge/damage/interference, computer viruses, or attack, hacking, infringement, unauthorized access to, or theft, destruction, deletion, alteration or any other security intrusion.

    The User specifically agrees that Sifang shall not be liable in any way for any content on the Websites including, but not limited to any errors or omissions or defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with the User. Sifang does not control the content posted on the Websites and does not guarantee the accuracy or integrity of such content.

    To the fullest extent permitted by law, Sifang shall not be liable for any special, indirect, consequential, incidental, exemplary, aggravated or punitive damages arising out of or in connection with the Websites (including, without limitation, loss of use, opportunity or profit), whether in an action in contract, tort, equity or otherwise, even if such damages are foreseeable or Sifang is expressly advised of the possibility of such damages.

  11. Indemnification. The User agrees to defend, indemnify and hold Sifang and its affiliates and their respective directors, officers, shareholder, business partners, employees, agents, representatives, subcontractors, successors and assigns harmless from and against any claims, damages, costs, liabilities and expenses (including, without limitation, legal fees on a solicitor-client basis) arising out of or related to the User’s conduct, the User’s breach of its obligations under these Terms of Use or the User’s violation of the rights of any third party.
  12. Privacy. The Websites are subject to Sifang’s privacy policy, which is available at: http://www.sypc.ca/privacy.php and which is incorporated by reference.

  13. Disputes. Unless prohibited by applicable laws, all disputes arising out of or in connection with these Terms of Use, or in respect of any defined legal relationship associated therewith or derived therefrom, shall be referred to and finally resolved by arbitration before one arbitrator in accordance with: (a) if the User has its place of business, seat or primary place of residence in Canada, under the domestic commercial arbitration rules of procedure, and (b) if the User its place of business, seat or primary place of residence outside Canada, under the international commercial arbitration rules of procedure, of the British Columbia International Commercial Arbitration Centre. The appointing authority shall be the British Columbia International Commercial Arbitration Centre. The case shall be administered by the British Columbia International Commercial Arbitration Centre. The place of arbitration shall be Vancouver, British Columbia, Canada.

    If, and only to the extent that, applicable laws prohibit the arbitration of a dispute between the User and Sifang, each party irrevocably submits to the exclusive jurisdiction of the courts in the Province of British Columbia over such disputes and waives any claim of inconvenient forum or other challenge to venue in such courts.

  14. General.

    The User agrees that: (i) the Websites shall be deemed solely based in British Columbia, Canada; and (ii) the Websites shall be deemed a passive website that does not give rise to personal jurisdiction over Sifang, either specific or general, in jurisdictions other than British Columbia, Canada. These Terms of Use, including its dispute resolution provisions will be governed by and construed in accordance with the substantive laws of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to the conflict of law rules of such laws that would apply a different law.

    For Users who are considered consumers in accordance with the laws of the jurisdiction in Canada in which they are resident, certain provisions of the consumer protection legislation of such jurisdiction (each being referred to as “Consumer Protection Legislation”) may apply to these Terms of Use. If Consumer Protection Legislation applies, then notwithstanding any other provision in these Terms of Use, the User may have rights or remedies as set out in such Consumer Protection Legislation which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in these Terms of Use.

    1. These Terms of Use, together with Sifang’s privacy policy, constitute the whole legal agreement between the User and Sifang and govern the User’s use of the Websites (other than the Services or other service or feature which Sifang may provide to the User under a separate written agreement) and supersede and replace any prior agreements between the User and Sifang with respect to the subject matter of these Terms of Use.
    2. If any covenant or other provision of these Terms of Use is invalid, illegal, or incapable of being enforced by reason of any rule of law or public policy, then such covenant or other provision will be severed from and will not affect any other covenant or other provision of these Terms of Use, and these Terms of Use will be construed as if such invalid, illegal, or unenforceable covenant or provision had never been contained in these Terms of Use. All other covenants and provisions of these Terms of Use will, nevertheless, remain in full force and effect and no covenant or provision will be deemed dependent upon any other covenant or provision unless so expressed herein.
    3. The User may not assign these Terms of Use, any part thereof or any of its benefits, obligations or liabilities thereunder without the express written consent of Sifang, but may be assigned by Sifang and assumed by a third party without restriction.
    4. The indemnification obligations, dispute resolution provision and all other representations, warranties, limitations and obligations which by their nature or context are intended to survive these Terms of Use and the User’s use of the Websites shall survive.
  15. TIME LIMIT. THE USER AND SIFANG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.