Beautiful Interaction International Co., Limited
Mixdesk User Registration Agreement
Effective date of this Agreement:1/8/2024
I. Reminder Clauses
1.1 You are welcome to sign this User Registration Agreement (hereinafter referred to as the “Agreement”) with Beautiful Interaction International Company Limited and enjoy the Mixdesk related services (hereinafter referred to as the “Services”) provided by the Company (as defined below).
1.2 From the date of this Agreement, all references to “User Registration Agreement” herein and on the official Mixdesk website (www.mixdesk.com) shall mean this Agreement.
1.3 The index keywords listed in the front of the terms of services are only to help you understand the main idea expressed in them, and have no actual meaning of their own, and do not affect or limit the meaning or interpretation of the terms of this Agreement. In order to protect your own rights and interests, we recommend that you carefully read the specific expressions of the terms and conditions.
1.4 You should read this Agreement carefully before clicking to agree to it during the process of registration application. Please be sure to read and fully understand the contents of the terms, especially the terms of exemption or limitation of the Company's liability, the application of law and dispute resolution. The terms exempting or limiting the liability will be marked with bold underline to remind you to pay attention on them, and you should read them carefully. If you have any questions about the Agreement, you may contact us via the Mixdesk official website (www.mixdesk.com).
1.5 You are not authorized to use Mixdesk unless you have fully read, understood and accepted all the terms and conditions of this Agreement, and you shall be deemed to have fully read, understood and accepted this Agreement in its entirety and agreed with us to become a “User” of Mixdesk and to be bound by this Agreement when you fill in the information according to the instructions on the registration page, click on “Agree”, “Accept” this Agreement, complete the entire registration process or your download, installation, use, authorisation to use, login or any other express or implied acceptance of this Agreement. If, in the course of reading this Agreement, you do not agree with this Agreement or any of its terms, you should immediately stop the registration process or stop using Mixdesk.
II. Definition
2.1 Beautiful Interaction: means Beautiful Interaction International Co., Limited, referred to herein as “Beautiful Interaction” or “the Company” or “we” or “us”, the operator of the Mixdesk platform.
2.2 Beautiful Interaction and its related parties: refers to Beautiful Interaction International Co., Limited and its parent companies, subsidiaries, affiliates and companies, organisations or individuals who are in any way connected with Beautiful Interaction through a relationship of co-operation, investment or control (or joint control).
2.3 Mixdesk: refers to the Mixdesk platform, the official website is www.mixdesk.com, and is referred to herein as “Mixdesk” or “Mixdesk platform”.
2.4 Mixdesk platform rules: including all rules, regulations, instructions, procedures, interpretations, announcements, notices, etc. that have been published or may be published/updated in the future on the official website of Mixdesk.
2.5 Privacy policy: means the privacy policy that has been posted or may be posted/updated in the future on official website of Mixdesk.
2.6 User: means the person using the Mixdesk platform, more commonly referred to in this Agreement as “you”.
2.7 Account: means an account that User may be required to register for in order to use the Mixdesk services. An account that the User may register with Mixdesk and obtain as credentials to log in and use Mixdesk.
III. Scope of the Agreement
3.1 This Agreement: This Agreement is entered into by and between you and Beautiful Interaction and is legally binding on both you and Beautiful Interaction.
3.2 Updates and adjustments: Due to the rapid development of the Internet, the terms and conditions set forth in this Agreement signed by you and Beauty Interaction cannot completely list and cover all of the rights and obligations of you and Beauty Interaction, and the existing Agreements do not guarantee that they are in full compliance with the needs of future development. You acknowledge and agree that Beauty Interaction may update or adjust the Mixdesk software, the Service and/or this Agreement as necessary.
3.3 Supplementary agreements: The privacy policy and the Mixdesk platform rules (as they may be amended or supplemented from time to time) are supplemental to this Agreement, and are inseparable from and have the same legal effect as this Agreement. If you use or continue to use Mixdesk's products or services, you are deemed to have fully read , recognised and agreed to the above supplementary agreements (and their modifications and supplements from time to time), and you shall likewise comply with such supplementary agreements (and their modifications and supplements from time to time).
IV. Registration and Use of Accounts
4.1 Eligibility of users
4.1.1 You acknowledge that you must be at least 18 years of age to register for a Mixdesk account or be old enough to enter into a binding contract in your location. If you do not have the civil capacity to act as described above, please read this Agreement and the supplementary agreements under the supervision of a legal guardian (hereinafter referred to as the “Guardian”) and use Mixdesk after ensuring that the Guardian agrees to the contents of this Agreement and the supplementary agreements. You and your guardian shall, in accordance with applicable laws, bear all the consequences of agreeing to this Agreement and the supplementary agreements and using Mixdesk.
4.2 Acquisition, use, transfer of accounts
4.2.1 When you fill in the information according to the prompts on the registration page, read and agree to this Agreement and complete all the registration procedures, you can obtain a Mixdesk platform account and become a user of the Mixdesk platform.
4.2.2 The Mixdesk platform only allows each user to use one Mixdesk platform account. If there is evidence that you have improperly registered (including but not limited to frequent registration, batch registration) or improperly used multiple Mixdesk platform accounts, Mixdesk platform may take measures such as freezing or closing the accounts, refusing to provide services, etc., without obtaining your prior consent, and you shall also be liable for full compensation for losses (whether directly or indirectly) incurred by Beautiful Interactive, Mixdesk platform and other related parties due to any improper registration or improper use of your account.
4.2.3 You have the right to log in to the Mixdesk platform using the Mixdesk member name, email address and mobile phone number (hereinafter referred to as the “Account Name”) that you have set up or confirmed, as well as the password that you have set up (the Account Name and the password are collectively referred to as the “Account”).
4.2.4 As your Mixdesk platform account is linked to your personal information and Mixdesk platform business information, your Mixdesk platform account is for your personal use only. Without the prior consent of Beautiful Interaction or Mixdesk, your direct or indirect authorisation of a third party to use your Mixdesk platform account or to access the information under your account is invalid, and Beautiful Interaction or Mixdesk shall not be liable for any loss, damage or injury arising from such situations. If Beauty Interaction or Mixdesk determines that the use of your Mixdesk platform account may endanger the security of the information of Mixdesk platform, Beauty Interaction or Mixdesk may refuse to provide the corresponding services or terminate this Agreement without obtaining your prior consent.
4.2.5 Your account registered on the Mixdesk platform shall not be transferred without the permission of Beautiful Interaction or Mixdesk, otherwise, Beautiful Interaction or Mixdesk shall have the right to claim your liability for breach of the Agreement, and you shall bear the responsibility and consequences arising therefrom.
4.2.6 You agree that after completing the registration, in order to enable you to better use the services of the Mixdesk platform and to protect the security of your account, you need to complete the real-name authentication in accordance with the prompts of Mixdesk, otherwise you may not be able to use the Mixdesk services or you may be restricted in the process of using the Mixdesk services.
4.3 Management of registration information
4.3.1 When using the Mixdesk platform services, you shall provide accurate and complete information about yourself (including your name, email address, contact telephone number, verification code, etc.) as prompted by the Mixdesk platform page, so as to enable Beautiful Interaction, Mixdesk or other users to contact you. You understand and agree that it is your obligation to ensure the authenticity, completeness and validity of the information you provide.
4.3.2 The Account Name, avatar (if any), profile and other account information materials that you set up when registering or using Mixdesk shall not violate applicable laws and regulations, social morals, as well as the relevant prohibited lexicon (if any) of the Mixdesk platform on the management of the registered name, or you may not be able to complete the registration. At the same time, your account information shall not contain undesirable information or infringe upon the legitimate rights and interests of third parties.
4.3.3 You should update the information provided by you in a timely manner. Beautiful Interaction or Mixdesk will check and verify your information from time to time in accordance with the laws, and you should co-operate to provide the most updated, true, complete and valid information.
4.3.4 If Beautiful Interaction or Mixdesk fails to contact you according to the latest information provided by you, you do not provide information in time as required by Beautiful Interaction or Mixdesk, the information provided by you is obviously inaccurate, or the information provided by you is invalid as verified by the administrative and judicial authorities, you will be solely liable for all the damages and adverse consequences caused by such damages to yourself, others, Beautiful Interaction and Mixdesk. Beautiful Interaction and/or Mixdesk reserves the right to send you a notice of enquiry or request for rectification and require you to undergo re-authentication up to the suspension or termination of the provision of some or all of the Mixdesk platform services to you and Beautiful Interaction or Mixdesk shall not be liable for the same. If you provide any incorrect, false, outdated or incomplete information, or if Beautiful Interaction or Mixdesk has reasonable grounds to suspect that you have provided incorrect, false, outdated or incomplete information, Beautiful Interaction or Mixdesk shall have the right to suspend, lock or terminate your account and deny you access to some or all of the Mixdesk services. Under such circumstances, Beauty Interactive or Mixdesk shall not be liable for, and you agree to be solely responsible for, any expenses or losses incurred directly or indirectly as a result.
4.4 Security specifications of accounts
4.4.1 Your account is set up and maintained by you and neither Beautiful Interaction nor Mixdesk will at any time ask you for your account password on its own initiative. You are therefore advised to use your account carefully, keep it secure and ensure that you log out at the end of each session and leave the Mixdesk platform in the correct order.
4.4.2 Beautiful Interaction or Mixdesk shall not be liable for the losses and consequences of the account due to leakage on your own initiative, poor storage or due to your being attacked or defrauded by others, and you shall recover the losses and consequences from the infringer through judicial, administrative and other remedial means.
4.4.3 You are responsible for the results of all activities and actions under your account (including, but not limited to, signing e-Agreements online, making subscription requests, etc.), except where Beautiful Interaction or Mixdesk is at fault.
4.4.4 You are advised to notify Mixdesk immediately if you become aware of any unauthorised use of your account to log into the Mixdesk platform or any other circumstances that may result in the theft or loss of your account. You understand that it takes a reasonable amount of time to act on any request from you and that actions taken by Mixdesk in response to your request may not be able to prevent or avoid such infringement from happening or getting worse, and that neither Beautiful Interaction nor Mixdesk shall be liable for such infringement, except to the extent that Beautiful Interaction or Mixdesk is legally at fault.
4.5 Deregistration of accounts
4.5.1 You may apply for deregistration of your account in accordance with the Mixdesk platform's procedures, but you remain liable for your actions prior to deregistration of your account or during your use of the Mixdesk services.
4.5.2 After the account has been successfully deregistered, unless otherwise provided by applicable laws and regulations, Beautiful Interaction will not provide you with the recovery of account records, content, virtual property, etc. or provide services, so please proceed with caution.
4.6 Dealing with of Faulty Users/Accounts
4.6.1 If there is any violation of applicable laws and regulations or any non-compliance with this Agreement (including the supplementary agreements and the amendments and supplements to this Agreement and the supplementary agreements from time to time) during your registration or use of your Mixdesk account, Beautiful Interaction has the right not to register your account; and if you have already registered, Beautiful Interaction has the right to request the user to make corrections within a certain period of time or unilaterally take measures such as short-term blocking, permanent blocking, deregistration of the account, etc., as the case may be. Any loss incurred by the user shall be borne by themselves, and Beautiful Interaction has the right to recover from the user for any loss or damage suffered as a result.
V. Mixdesk Products and Specifications of Services
5.1 Content of products and services
5.1.1 You have the right to enjoy browsing, collecting, ordering and related supporting services of Mixdesk software products on the Mixdesk platform. If you are a minor or a person with limited capacity for civil behaviors, please enter into transactions with the consent of your Guardian.
5.1.2 When you purchase products and services on the Mixdesk platform, please be sure to carefully check the name, version, price, quantity, time of use, and other important matters of the purchased products. You are responsible for making your own judgement on the contents of the Mixdesk platform and bear the risks arising from the use of the contents.
5.1.3 Your purchase behavior should be based on real consumer demand, and there shall be no malicious purchase of goods and/or services, malicious defense of rights and other behaviors that disrupt the normal order of transactions on the Mixdesk platform. Based on the need to maintain the transactional order and transactional security of Mixdesk platform, Beautiful Interaction or Mixdesk may take the initiative to close the relevant transaction orders when it discovers the above situation, and Beautiful Interaction or Mixdesk shall not be liable for any losses or damages caused to you as a result of such action.
5.2 Limitation of liability
5.2.1 Beautiful Interaction and Mixdesk perform the underlying warranty obligations in accordance with applicable laws, but do not warrant that the website or product containing the services will be error-free or uninterrupted, or that the website or services or servers will be free from any harmful components. Neither Beautiful Interaction nor Mixdesk shall be liable for any impediment to performance, defect in performance, delay in performance, or change in the content of the performance of the Agreement due to any of the following reasons:
(1) Force majeure due to natural disasters, strikes, riots, wars, governmental acts, judicial and administrative orders, etc;
(2) Due to public service factors such as failure of electricity supply, failure of communication network, or third-party causes;
(3) For routine or emergency maintenance arranged or managed in good faith by Beautiful Interaction and/or Mixdesk in relation to equipment and system, failure of equipment and system, security of network information and data, etc..
5.2.2 When you use a particular service on the Mixdesk platform, there may be separate agreements or rules for that service, so please read and agree to the relevant separate agreements or rules before you use that service. If the service is provided by a third party, Beautiful Interaction and the third party shall each assume its own responsibilities for any disputes that may arise within the scope of applicable laws and regulations and agreements.
5.2.3 Beautiful Interaction only assumes the responsibility of the platform in accordance with relevant applicable laws and regulations.All exclusions and limitations of liability contained in this Agreement apply only to the maximum extent permitted by applicable laws and regulations.
5.3 Handling of complaints of users
5.3.1 You understand and agree that if a dispute arises in the course of your interaction with a user as a result of using the Mixdesk software and the user complains to Mixdesk, Mixdesk will actively verify and deal with it, but Mixdesk's customer service and sales staff are not legal professionals and can only make judgement on the credentials submitted by the user with the knowledge of an ordinary person. Therefore, Beauty Interaction or Mixdesk will be exempt from liability unless there is willful intent or gross negligence.
5.3.2 Unless proven otherwise, the data stored by Beautiful Interaction on its servers is the only valid evidence of the user's use of the Mixdesk platform.
5.4 Prohibitions
5.4.1 You shall comply with any applicable laws and regulations and shall not use Mixdesk services and accounts to do any of the following, including, but not limited to, the following, or to facilitate any of the following:
(1) Endangering state security, leaking state secrets, subverting state power, undermining state unity, or damaging the honour and interests of the state;
(2) Promoting cults and feudal superstitions;
(3) Spreading rumours that disrupt social order and undermine social stability;
(4) Spreading obscenity, pornography, gambling, violence, murder, terror, harassment, vulgarity, or abetting crimes;
(5) Insulting, defaming, intimidating, involving others’ privacy and other infringements of others’ legitimate rights and interests;
(6) Fabricating the facts or concealing the truth in order to mislead and deceive others;
(7) Other violations of public order and social morals, the relevant Mixdesk platform Agreement and related rules, and applicable laws and regulations.
5.4.2 Beautiful Interaction respects and protects your and other people's intellectual property rights, trade secrets and other legitimate rights and interests. You guarantee that the information posted on the Mixdesk platform does not infringe the intellectual property rights, trade secrets and other legitimate rights and interests of any third party. Otherwise, Beautiful Interaction has the right to remove the allegedly infringing content upon receipt of notification from the entitled parties or related parties, and you will be solely responsible for all losses and adverse consequences caused to yourself, others, Beautiful Interaction and Mixdesk as a result.
5.4.3 Except as permitted by applicable laws and regulations or as otherwise permitted in writing by Beautiful Interaction, you shall not engage in the following conducts:
(1) Reversing engineer, reversing assemble, reversing compile, or otherwise attempting to discover the source code of the Mixdesk platform;
(2) Directly or indirectly stealing information content such as user information from the Mixdesk platform in any form (including, but not limited to, stealing links, stealing by redundancy, illegal crawling, simulated downloads, deep linking, fake registration, etc.);
(3) Logging in to or using the Mixdesk platform through third party software, plug-ins, extras, or systems that are not developed, authorised or licensed by Beautiful Interaction, or interfering with, destroying, modifying, or exerting other influences on the normal operation of the Mixdesk platform;
(4) Using or targeting the Mixdesk platform to carry out any act that endangers the security of the computer network, including but not limited to: illegal intrusion into the network, interfering with the normal functioning of the network, stealing network data and other activities that endanger the security of the network, or providing support and assistance for the above activities such as programmes and tools; attempting to interfere with or damage the normal operation of the Mixdesk platform system or website, intentionally spreading malicious programmes or viruses and other acts that damage or interfere with the normal network information services;
(5) Other use of the Mixdesk platform in any way that is unlawful, for any purpose that is unlawful, or in a manner that is inconsistent with other norms and standards established by Beautiful Interaction for this purpose.
VI. Description of Payments
6.1 By using the Service or one of Mixdesk services, you agree to pay all charges therein. You understand and agree that the prices of all services are subject to change and are the prices in effect at the time of your order and payment.
6.2 Mixdesk may require you to provide a credit card number issued by a card issuer approved by us to activate your services and/or to pay any fees associated with the services. Mixdesk will charge the account or credit card account provided by you for usage fees and other charges. If you authorise Mixdesk to charge your account-related fees via credit card, you authorise Mixdesk to automatically debit the card with all account-related fees on an ongoing basis, unless you terminate the foregoing authorisation by giving five (5) calendar days' prior written notice to Mixdesk.
6.3 Please note that all fees paid by you in relation to the services are non-refundable and you waive all rights and/or powers to pursue and/or claim for the relevant payments, unless the Services are not available due to a problem with Beautiful Interaction or Mixdesk.
VII. Protection and Authorisation of User Information
7.1 Protection of user information
7.1.1 Mixdesk takes the protection of user information (i.e., information that can identify a user either independently or in combination with other information) very seriously, and when you use the services provided by Mixdesk, you agree to the collection, storage, use, disclosure, and protection of your information by Beautiful Interaction and/or Mixdesk in accordance with the privacy policy posted on the Mixdesk platform. Beautiful Interaction and Mixdesk intend that our privacy policy could provide you with a clear picture of how Beautiful Interaction and Mixdesk deal with your information, so Beautiful Interaction and Mixdesk recommend that you read the privacy policy in its entirety to help better protection of your right of privacy.
7.2 Assurance and authorisation of user information
7.2.1 You represent and warrant that you have the appropriate and legal rights to the information you post on the Mixdesk platform and that the relevant information is owned by you or you have obtained the necessary authorisation. Otherwise, Beautiful Interaction and/or Mixdesk may delete or block the information posted by you in accordance with the laws or in accordance with this Agreement, and Beautiful Interaction or Mixdesk shall not be liable for any loss or damage caused to you as a result of such deletion or blocking.
7.2.2 Unless proven to the contrary, you understand and agree that, to the extent permitted by applicable laws, you grant to Beautiful Interaction, its affiliates and Mixdesk, an irrevocable, non-exclusive and territorially unrestricted right and licence to use (including store, use, copy, modify, analyse, transmit, edit, translate, share with affiliates, etc.) all of the information submitted on yourregistration or supplemented by you afterwards (including name, email address, contact telephone number, verification code, etc.) to Beautiful Interaction and/or Mixdesk at no costs and expenses, and to use the same by Beautiful Interaction, itsaffiliates and Mixdesk as evidence, for the purpose of filing complaints and bringing lawsuits against third parties for infringement of rights.
VIII. Users in Default and Handling
8.1 Determination of default
8.1.1 You shall be deemed to be in breach of the Agreement if one of the following circumstances occurs:
(1) Violation of applicable laws and regulations when using Mixdesk platform services;
(2) Violation of this Agreement or the supplementary agreements (including modifications and supplements from time to time).
8.2 Measures to deal with non-compliance
8.2.1 If the information posted by you on the Mixdesk platform constitutes a breach of the Agreement, Beautiful Interaction and/or Mixdesk may immediately delete or block the corresponding information and block your account in accordance with the corresponding rules.
8.2.2 If you commit an act on the Mixdesk platform, or an act that is not committed on the Mixdesk platform but has an impact on the Mixdesk platform and its users, which constitutes a breach of the Agreement, Beautiful Interaction and/or Mixdesk may suspend you from logging in to your account, and if your act constitutes a fundamental breach of the Agreement, Beautiful Interaction and/or Mixdesk may block your account and terminate the provision of services to you.
8.2.3 Beautiful Interaction and/or Mixdesk may publish the information on the measures taken to deal with the above breaches of the Agreement by you, as well as other information on the violations confirmed by the effective legal instruments of the state administrative or judicial authorities on the Mixdesk platform, and if it constitutes a material breach of the laws or a criminal offence, Beautiful Interaction and/or Mixdesk shall be obliged to keep the relevant records and report them to the relevant state authorities.
8.2.4 If Beautiful Interaction and/or Mixdesk take measures against you for breach of this Agreement due to your violation of this Agreement, you shall bear your own losses (including, but not limited to, total loss of virtual property, inability to use your account or the relevant platform services, inability to obtain or access the assets or other rights and interests maintained with your account, etc.), as well as the corresponding legal liabilities. The forms of your legal liabilities include, but are not limited to, compensation for losses, apologies, elimination of influence, return of property, etc. to those who have been infringed upon. Beautiful Interaction or Mixdesk shall not be liable for any loss or damage caused to you as a result.
8.3 Liability
8.3.1 If you act in a way that causes Beautiful Interaction, its affiliates and Mixdesk to suffer losses (including its own direct economic losses, loss of goodwill, and indirect economic losses such as compensation paid to the outsiders, settlement payments, legal fees, litigation costs, etc.), you shall indemnify Beautiful Interaction and/or its affiliates and Mixdesk against all the abovementioned losses.
8.3.2 If your behaviour makes Beautiful Interaction, its affiliates and Mixdesk subject to the claim of a third party, Beautiful Interaction, its affiliates and Mixdesk may recover all losses from you after they have assumed the obligation of paying money or other obligations to the third party.
8.4 Special agreement
8.4.1 If you provide benefits in kind, cash, cash equivalents, labour, travel and other benefits of value clearly beyond the scope of normal business negotiations to employees or consultants of Beautiful Interaction and its affiliates, you may be deemed to have engaged in commercial bribery. If the above situation occurs, Beautiful Interaction can immediately terminate all cooperation with you and ask you for liquidated damages and/or compensation, which will be calculated on the basis of the economic loss and goodwill loss suffered by Beautiful Interaction as a result of your bribery behavior.
8.4.2 If you terminate this Agreement due to serious breach of the Agreement by Beautiful Interaction, for the purpose of maintaining the order of the Mixdesk platform and protecting the rights and interests of consumers, Beautiful Interaction and its affiliates may take measures to suspend or terminate the cooperation with you under other agreements, and notify you in the manner agreed in Article 10 of this Agreement.
IX. Amendments to the Agreement
9.1 Beautiful Interaction and/or Mixdesk may amend this Agreement and the supplementary agreements from time to time in accordance with the changes in applicable laws and regulations and the need to maintain the order of transactions and protect the rights and interests of consumers, etc., and the amended agreements and supplementary agreements (hereinafter referred to as the “Amendments”) will be notified to you through the statutory procedures and in the manner as agreed in Article 10 of this Agreement.
9.2 If you do not agree with the Amendments, you have the right to contact Mixdesk for feedback prior to the effective date of the Amendments. If the feedback is accepted, Mixdesk will adjust the Amendments before the effective date at its discretion. Amendments are subject to the latest published supplementary agreement on the Mixdesk platform, and the relevant content of the Amendments will automatically take effect once published on the effective date and will supersede the relevant content of the previous Agreement.
9.3 If you still do not agree with the Amendments that have come into effect, you should stop using the Mixdesk platform services on the confirming effective date of the Amendments, and the Amendments will not have any effect on you; if you continue to use the Mixdesk platform services after the Amendments have come into effect, you shall be deemed to have fully read and recognised and agreed to comply with the Amendments that have come into effect.
9.4 You agree that in the event of a merger, demerger, acquisition, transfer of equity, or transfer of assets of Beautiful Interaction, Beautiful Interaction may, upon unilateral notice to you, novate the contents of this Agreement and assign or transfer some or all of the Mixdesk platform services and the corresponding rights and obligations hereunder to a third party, and that such novation, assignment or transfer of the contents may be effected by Beautiful Interaction upon unilateral notice to you, whereby: (a) the rights, title, interests and benefits of Beautiful Interaction that have been novated, assigned or transferred are transferred to and assumed by the novator, assignee or transferee; (b) Beautiful Interaction is thereafter fully released and discharged from the liabilities and obligations that have been novated, assigned or transferred; (c) Beautiful Interaction retains all rights, title, interests, benefits, liabilities and obligations that have not been so novated, assigned or transferred; and (d) novatee, assignee or transferee shall thereafter be bound by the same rights, title, interests, benefits, liabilities and debts as are novated, assigned and transferred by Beautiful Interaction; and (e) any confirmations, information or instructions given by you and/or your authorised signatory to Beautiful Interaction shall be valid and effective as to the novatee, assignee or transferee. The specific subject of the novator, assignee or transferee is subject to notification by Beautiful Interaction.
X. Notices
10.1 Effective Communication
10.1.1 When you register as a Mixdesk platform user and accept the Mixdesk platform service, you should provide Beautiful Interaction and Mixdesk with true and effective contact information (including your email address, contact telephone number, etc.), and you are obliged to update the relevant information in a timely manner and keep it available to be contacted if there is a change in the contact information.
10.1.2 Beautiful Interaction and/or Mixdesk will serve various types of notices to you to one or several of the contact information submitted by you, and the content of such notices may have a significant favourable or unfavourable impact on your rights and obligations, so please be sure to pay attention to it in a timely manner.
10.1.3 You have the right to receive commercial information such as advertisements, promotions and offers of products you are interested in through the mobile phone number or email address you fill in when registering; if you do not want to receive such information, you have the right to unsubscribe through the corresponding function of subscription provided by Mixdesk.
10.2 Service of notices
10.2.1 Beautiful Interaction and/or Mixdesk will send notices to you through the above mentioned methods of contact, of which written notices sent electronically, including but not limited to announcements on the Mixdesk website, mobile phone text messages sent to the contact phone number provided by you, and emails sent to the email address provided by you will be deemed to be served on the day of sending; written notices sent on paper shall be deemed to be served on the fifth natural day after the contact address provided has been delivered by post.
10.2.2 For any disputes arising from the registration on Mixdesk platform or the use of Mixdesk's products or services, or if you are investigated or punished for violation of the laws, you agree that the judicial authorities (including but not limited to the courts of Hong Kong or the courts of other regions with jurisdiction) may serve legal documents (including but not limited to litigation documents) to you. You specify the mobile phone number, email address and other contact information for receiving legal documents as the mobile phone number and email address provided by you when you register and update on Mixdesk platform, and the judicial authority shall be deemed to have served the legal documents by sending them to the above mentioned contact information.
10.2.3 You agree that the judicial authority may take one or more of the above methods of service to serve legal documents to you, and the time of service shall be determined by the first of the above methods of service when the judicial authority takes more than one method to serve legal documents to you.
10.2.4 You agree that the above methods of service shall apply to all stages of judicial proceedings. In the case of legal proceedings, this includes but is not limited to first trial, appeal and enforcement proceedings.
10.2.5 You shall ensure that the contact information provided is accurate, valid and updated in real time. If the legal documents cannot be served or are not served in time due to inaccurate contact information provided, or if you do not inform the changed contact information in time, you shall bear the legal consequences that may arise as a result.
XI. Termination of the Agreement
11.1 Circumstances of termination
11.1.1 You have the right to terminate this Agreement in any of the following ways:
(1) If you choose to deregister your Mixdesk account;
(2) If you stop using and expressly do not want to accept the Amendments before them take effect;
(3) You expressly do not want to continue to use the Mixdesk platform services and the conditions for termination of the Mixdesk platform are satisfied.
11.1.2 Beautiful Interaction and/or Mixdesk may terminate this Agreement by notice to you in the manner set forth in Article 10 of this Agreement if any of the following occurs:
(1) You violate the Agreement and Beautiful Interaction and/or Mixdesk terminate the Agreement based on the terms of breach of the Agreement;
(2) If you hack or compromise other people's accounts, publish prohibited information, cheat other people's property, sell counterfeits, disturb the market order, or take improper means to make profits, etc., and Beautiful Interaction and/or Mixdesk block your account according to the rules of Mixdesk platform;
(3) In addition to the above, if your account is blocked by Beauty Interactive and/or Mixdesk due to your repeated violations of the rules, systems, notices and other relevant provisions of the Mixdesk platform and the circumstances are serious;
(4) Your account is revoked by Beautiful Interaction and/or Mixdesk in accordance with this Agreement;
(5) Other cases where the services should be terminated.
11.2 Settlement after termination of the Agreement
11.2.1 Upon termination of this Agreement, Beautiful Interaction and/or Mixdesk shall not be obligated to disclose any information contained in your account to you or to a third party designated by you, except as expressly provided by applicable laws.
11.2.2 After the termination of this Agreement, Beautiful Interaction and/or Mixdesk shall still have the following rights:
(1) to continue to store the various types of information submitted herein that you have retained on the Mixdesk platform to the extent permitted by applicable laws;
(2) In relation to your antecedent breach of the Agreement, Beautiful Interaction and/or Mixdesk may still hold you liable for such breach in accordance with this Agreement.
XII. Application of Law, Jurisdiction and Others
12.1 The laws of Hong Kong shall apply to the formation, effectiveness, interpretation, amendment, supplementation, termination, enforcement and dispute resolution of this Agreement; if there is no such provision in the applicable laws, reference shall be made to commercial and/or industrial practices.
12.2 Disputes arising out of and in connection with your use of the Mixdesk platform services shall be resolved by negotiation between Beautiful Interaction and/or Mixdesk and you. In the event that negotiation fails, either party may bring an action in the courts of Hong Kong, which shall have non-exclusive jurisdiction.
12.3 If any term of this Agreement is held to be repealed, invalid or unenforceable for any reason whatsoever, such term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of this Agreement, which shall remain binding on the parties.
