Tomato Super VIP Member Auto Renewal Service Agreement 

Excerpts Updated: July 4, 2019

1. Acceptance and modification of the Terms of Service 

1.1 This Agreement is between the "Tomato" Super VIP Member (hereinafter referred to as "Member") and Manli Technology Limited (hereinafter referred to as "Manli") regarding the use of Tomato by the Auto Renewal Deduction Service (hereinafter referred to as "this"). Agreements entered into by this Agreement, which describe the rights and obligations of Manli and its members regarding the use of the Service and related aspects. "Member" means a natural person who has completed all the procedures for becoming a member of Tomato and who uses the membership services provided by Manli in compliance with the usage rules of Tomato. This Agreement constitutes a prerequisite for Members to use the services provided by Manli. "Tomato" has prompted the members to read the relevant exemption or restriction clauses in the agreement in the font bold or other reasonable manner. The parties confirm that the foregoing terms are not under the Contract Law. Both the user and Manli recognize the legitimacy and validity of the provisions of Article 40 as "exempting their responsibilities, aggravating the other party's responsibilities, and excluding the other party's main rights". Unless the member accepts the terms of this agreement, the member does not have the right to use the service, and the member's choice to use the service will be deemed to agree to be bound by the terms of this agreement.

1.2 Manli reserves the right to modify the Terms of Service at any time. Once the Terms of Service are changed and modified, Manli will make an announcement on the relevant page, and the revised content will be effective and executed 10 days after the date of the announcement; if the member does not agree to this Agreement Any modification can cancel the automatic renewal function; if the member continues to use it, it is deemed that the member has accepted all the modifications of this agreement.

1.3 Members must have the appropriate rights and abilities to use the Service and be able to assume legal responsibilities independently. If the member is under 18 years of age, they must use the guardianship of their parents or other guardians to use the Service. The act is deemed to have been approved by a parent or other guardian.

2. Service Description 

 

2.1 This service is based on the member's need for automatic renewal. Under the premise that the member has opened the service, the member will be prevented from inadvertently causing loss due to negligence or other reasons. The member authorized "Tomato" can be When the member validity period is about to expire, the entrusted payment channel will be deducted from the member's own recharge account, the third-party payment account bound to the member account, the bank card, and the communication account (hereinafter collectively referred to as the "account"). The fee and billing cycle include but not limited to monthly, quarterly, annual, etc. (the same below), members can choose according to the billing cycle displayed on the "Tomato" platform. The prerequisite for the implementation of the service is that the member has bound his "Tomato" member account with the above account and can successfully debit the account from the above account.

2.2 Automatic renewal refers specifically, based on the premise of 2.1, "Tomato" receives the deduction method of the member's next billing cycle fee through the above account, and the member needs to ensure that "Tomato" can be debited successfully from the above account. If the renewal fee is insufficient due to insufficient balance of deduction, the member shall bear the responsibility, and "Tomato" has the right to interrupt/terminate the corresponding member rights and services.

2.3 If the member chooses to open the automatic renewal fee, it is deemed to agree to authorize "Tomato" to issue the debit order to the account, and agree that the account can be verified according to the "Deduction" issued by "Tomato", without verifying the member account password, payment password, SMS verification. In the case of a code or the like, the fee for the next billing cycle is deducted from the account. Unless the member has voluntarily and explicitly canceled the automatic renewal, the member's automatic deduction of "Tomato" is irrevocable. Except as otherwise provided by laws and regulations, "Tomato" does not refund the fees paid by members in any way.

2.4 Members are entitled to the terms of the Tomato User Use Agreement, Tomato Privacy Policy, and Tomato Super VIP Member Services Agreement and related sub-protocols, page descriptions or specifications when enjoying this service. Constraints on the entire content of the process, etc. When a member uses the service, the member's use behavior is deemed to be his or her agreement to the service terms of the service and the various publicity issued by Tomato for the service. In the event of any conflict between this Agreement and the "Tomato" User Use Agreement and the "Tomato" Super VIP Member Service Agreement, this Agreement shall prevail.

2.5 The services provided by Tomato to members are limited to the use of the Tomato platform. Any separation of the service provided by Tomato from the Tomato platform by malicious means such as malicious cracking is not part of this service. This service is agreed upon in the agreement. All legal consequences caused by this are the responsibility of the perpetrator, and "Tomato" will pursue the legal liability of the perpetrator according to law.

3. The rights and obligations of both parties 

3.1 "Tomato" is responsible for providing members with inquiries regarding the specific circumstances of automatic renewal fees, but is not responsible for printing relevant invoices and/or forwarding to members.

3.2 "Tomato" will send an automatic renewal reminder to the member before sending the SMS or other means before the expiration date of the member expires. After deducting the next billing period fee from the member's account, the deduction will be credited on the deduction date. The member pays the record and at the same time extends the membership expiration date accordingly. Once the deduction is successful, Tomato has the right to charge the fee immediately and does not provide a refund service.

3.3 If there is an error in the deduction process, "Tomato" and the member shall cooperate closely to ascertain the reasons and each bear the loss caused by the fault of the party; if the loss is caused by the unequal error of both parties, the two parties shall bear the corresponding degree according to the fault. Responsibility; if the losses caused by the common fault of both parties but cannot distinguish between their respective faults, the two parties shall share the responsibility.

3.4 "Tomato" may change or modify the relevant service content, rules and terms of this Agreement according to its business development or technical upgrades. "Tomato" will be notified by posting on the relevant page of "Tomato" or other appropriate location. User-related changes or modifications, but no obligation to make separate notices. The above public notice is deemed to have been delivered to the user from the date of transmission of "Tomato". If multiple notification methods coexist, the delivery time shall be the earliest of the above methods. If the member does not agree to the modification of this agreement, the service that has been obtained may be cancelled and the use will be stopped; if the member continues to use the service provided by Tomato, it is deemed that the member has accepted all the modifications of this agreement.

3.5 The service is selected by the member to cancel. If the member chooses not to cancel, the member agrees that "Tomato" has the right to continue to make unscheduled deduction attempts according to certain rules. Once the deduction is successful, "Tomato" will be The member opens the membership service for the next billing cycle.

3.6 If the price of the "Tomato" service is adjusted during/after the automatic renewal, the current effective price published on the "Tomato" platform shall prevail.

3.7 "Tomato" does not charge any additional fees for members to open this service, but "Tomato" has the right to decide whether to charge the service itself or adjust the automatic renewal period and fees according to business needs or market changes, etc., and on the relevant page. Publicize to members.

3.8 If the member renews during the validity period of the member, the validity period will be extended based on the original service period.

3.9 The Member understands and agrees that the Member's authorization for the "Tomato" withholding authority will be deemed to be the member's own top-up behavior. In the event of any loss to the Member itself, the Member will not claim any rights and hold any responsibility with Tomato and its affiliates.

4. Agreement expiration date, termination 

4.1 This Agreement shall become effective after the Member has chosen to accept or use the Service until the termination of the Service/Revocation of Membership, unless otherwise announced by Tomato.

4.2 Members have the right to terminate this service at any time in the member account settings. After the termination of this service, Tomato will stop providing this service to members.

4.3 The order that the member has entrusted the "Tomato" automatic renewal deduction before the termination of the service is still valid. "Tomato" will not refund the fees already deducted based on the order, and the member will bear the relevant responsibilities and losses.

4.4 "Tomato" has the right to suspend or terminate this service based on its own business adjustments, price changes, etc. In the event of such a situation, "Tomato" will notify the member by way of an announcement.

5. Liability for breach of contract 

If one party breaches the contract, the observant party has the right to obtain compensation or compensation through the breach of contract agreed by the parties.

6. Dispute resolution and legal application

6.1 Manli and its members shall resolve the dispute arising from the implementation of this agreement through friendly negotiation. If it cannot be resolved through negotiation, either party has the right to submit the dispute to the Xihu District People's Court of Hangzhou for settlement. The interpretation, validity and enforcement of this agreement are subject to the laws of the People's Republic of China.

7. Other

7.1 If Members have any questions regarding this Agreement or the use of Tomato's Auto Renewal Service (including inquiries, complaints, etc.), please contact Manli via the User Feedback Portal of the Features page or online customer service, Manli will receive Reply to the member as soon as possible after the member's comments and suggestions.

7.2 The title of this Agreement is for convenience and reading only and does not affect the meaning or interpretation of any of the provisions of the text.

7.3 This Agreement will become effective after 10 days of the homepage update time.