1) User Agreement Confirmation and Acceptance of Terms
1. Spice applications (including www.bybieyang.com and the iOS application called "Spice", henceforth
referred to as Spice) are published and operated by BorderX Lab Inc. ("BorderX Lab Inc." includes its
affiliates, referred to collectively as "the company"), which is registered in Delaware, USA. BorderX
Lab Inc. enjoys full ownership of and intellectual property rights for the Spice applications. The
services that Spice provides will be carried out in accordance with its published terms and operating
rules.
When the user confirms that he or she accepts this agreement (which includes the "Spice User Agreement"
and the "Spice Privacy Policy", which are both integral parts of the agreement. Both agreements have
the same legal effects. For the purposes of Spice and its related services, the two agreements together
make up the entire user agreement. The two agreements will be collectively referred to as "the
agreement") and that all registration procedures are completed, this agreement is established between
the user and the company and takes legal effect. At this time, the user formally becomes a Spice user.
2. In accordance with changes in local or regional laws and regulations, Spice operation or application
updates, the company has the right to modify the terms of this agreement at any time. When published in
any form, the revised content will take effect and replace relevant previous content. Users should pay
attention to changes in content, such as Spice's announcements, reminders, agreements, and rules.
The user knows and confirms that they should immediately stop using Spice if they do not agree with the
updated content. The user's continued use of Spice implies awareness of and agreement with the changes.
1.
All content posted on Spice, as well as all content published and authorized by Spice's users,
including but not limited to: text, pictures, audio files, videos, graphics, logos, symbols,
advertisements, trademarks, trade names, domain names, software, data files, findings, inventions, art
or literary works, designs, technology, methods, processes, plans, formulas, column names or tables of
contents, content classification criteria, research and development results (whether past, present, or
planned), or any other information or materials, are property of the company and protected by U.S.
copyright, trademark, patent, and other property ownership laws, regulations and rules, as well as well
as applicable international conventions.
Users must obtain the company's written authorization, cite the author and source of any articles
used, and pay the corresponding fees according to relevant regulations in order to use content published
on Spice or any of Spice's services for commercial, profit-oriented, or advertising purposes.
No one may, without the express written authorization of the company, for any purpose or to any natural
person or unit, provide, disclose, copy, reproduce, sell, transfer, license, market, publicize,
transfer, dispose of, or use any content or services provided on or by Spice, or mirror it on any
server not provided by the company. If this standard is not met, the company will take appropriate legal
action to pursue economic compensation, among other relevant legal responsibilities.
2. The company reserves the right to take legal action against those who do not comply with this
statement or who otherwise use Spice in an illegal or malicious manner.
3) Account Registration and Use Regulations
1. After the user has registered successfully, the user is responsible for the protection of his or her
account and password. The user will be held legally responsible for all activity performed on his or her
account.
2. The user must take full responsibility for the authenticity, legal nature, and validity of the
information registered on Spice. The user may not impersonate others; he or she may not use any other
person's name to publish any information; the user may not use the account to intentionally cause others
to mistake his or her identity. If these rules are broken, Spice has the right to immediately cut off
the services provided to the user and remove the user's account. The user will bear all legal
liabilities arising from the incident.
3. The user must comply with the laws and regulations of the country he or she is in when making
purchases. If the user violates said laws or regulations, Spice has the right to immediately cancel the
order, suspend the delivery of the order, or withold post-sale services. Spice has the right to freeze
or remove the user's account. The user will bear all legal responsibility arising from the incident.
Spice reserves the right to seek repayment from users for damages related to the aforementioned
activity.
4. The user agrees not to engage in acts that violate the laws and regulations of the United States or
other countries, or social ethics, in any way. Spice has the right to delete content that violates the
above agreement.
5. The user agrees not to use Spice to produce, upload, copy, publish, disseminate, or reprint content
that:
(1) violates the basic principles outlined in the Constitution;
(2) endangers national security, discloses state secrets, undermines state power, or harms national
unity;
(3) damages the nation's reputation or interests;
(4) stirs up xenophobic or anti-ethnic discrimination or other sentiments, or undermines national unity;
(5) breaks the national religious policy, promotes religious cults, or promotes superstition;
(6) spreads rumors, disrupts public order, or undermines social stability;
(7) disseminates content that is obscene, pornographic, gambling-related, violent, has murderous intent,
or has intent to incite terrorism-related crimes;
(8) is insulting or slanderous to others or their legal interests;
(9) attempts to sell goods secondhand;
(10) contains other content prohibited by laws or administrative reglations.
6. Spice has the right to examine and supervise the user's use of Spice. If, while using Spice, the
user violates any of the above provisions, Spice or one of its authorized persons has the right to
require that the user change published content or to directly take any necessary measures (including,
but not limited to, changing or deleting user-published content or suspending or terminating the user's
right to use Spice) in order to mitigate the impact of user misconduct.
1. The specific services provided by Spice are provided based on the current situation. Spice reserves
the right to change, suspend, or terminate some or all services at any time.
Spice will not assume any losses caused to users by business adjustments.
Unless expressly stated otherwise in this agreement, any new additions, updates, or functions added to
Spice, including new products that are introduced, are subject to this agreement.
The user understands and agrees that Spice's services are only provided based on the current situation.
Spice does not take responsibility for the expiration, deletion, transmission error, storage failure,
or any other issues related to any user communications or personalized settings.
2. Spice may charge some users fees for services provided.
Spice will clearly state any fees on the relevant pages.
If the user refuses to pay these fees, he or she may not make use of said services.
3. The user understands that Spice only provides services. Equipment related to these services
(including computers, modems, and other Internet devices) and all costs (including telephone and
Internet charges) are the responsibility of the user.
4. The services and content provided by Spice may include text, software, audio files, pictures,
videos, or graphics.
All of this content is protected by copyright, trademark, and other property ownership laws.
The user may only use this content after obtaining authorization from Spice or other relevant rights
holders. Without authorization, the user may not copy, reproduce, or create derivative products related
to the content.
5. Purchase of Goods and Services
This platform provides services that include browsing for, searching for, and purchasing products, as
well as additional aforementioned services, including but not limited to distribution and customer
service.
5.1 When you place an order on Spice, please confirm the name, price, quantity, model, specification,
size, contact address, telephone number, and consignee associated with the purchased product.
If you are not the consignee, the consinee's behavior and intentions are deemed to be your personal acts
and intentions, and you will be jointly liable for these behaviors and intentions.
5.2 You understand and agree that the information, including goods, services, and prices, displayed for
you on Spice are offers made for you.
When you place an order, you need to fill in the quantity of goods or services that you wish to
purchase, the price and payment method, the consignee, contact information, and delivery address. You
have the right to change this information before successfully making a payment and submitting an order.
After successfully submitting a payment and order, a contract relationship will be established between
you and the seller regarding the goods or services that you purchased. The seller will then ship the
goods or services you ordered.
5.3 Although sellers work hard to provide the best service possible, market changes and other
uncontrollable factors make it impossible for software to prevent the goods you wish to purchase from
being out of stock. If, when purchasing a product, you find that the product is out of stock, you have
the right to cancel your order and the associated contract. The seller also has the right to cancel your
order and the associated contract if they have run out of your desired product. If you have already paid
for the product, you will receive a refund.
6. You can enjoy discounts and special gifts: Spice is a platform that connects European and American
official websites in order to provide users with up-to-date business information, including new product
listings, discounts, and special events.
Sellers' promotions may create a situation in which, after successfully placing an order, the discounted
goods sell out, causing the order to fail. If merchants do not have a sufficient stock of gift packages,
the user may not receive, or may only receive a partial gift when buying a "full gift package" product.
Because of European and American business operation practices, the whole purchasing process rests on the
merchant's actual delivery of the product. Spice will make all efforts to negotiate with merchants, but
cannot interfere with merchants' decisions. Merchants have the right to interpret.
7. Changing or Canceling Orders and Returns:
7.1 Due to international order and logistics limitations, Spice does not currently allow order changes.
Once an order is submitted, it cannot be modified. No information, including recipient information,
quantity of goods, or the addition of extra gifts, can be changed. We hope that users understand. We
recommend that users take care when placing an order and only submit an order after confirming that it
is correct.
7.2 The current version of Spice does not offer a return service.
7.3 Spice has the right to unilaterally cancel orders that are judged not to be for personal use. If an
order not for personal use has already been shipped, Spice has the right to stop delivery of the order.
Spice will not provide after-sales services, including returns, for orders that are not for personal
use that have already been received.
7.4 When the user returns a product to Spice (including returns to Spice's North American Processing
Center).
Methods of handling the situation include, but are not limited to, transfering the product, returning
the product to the seller, and destroying the product. Before the product has been successfully dealt
with, Spice and/or Spice's authorized third-party server may pay the user a one-time disposal fee. The
user has the right to product ownership, but Spice has an irrevocable product disposal authorization
right.
8. Merchant and Order Processing: The agreement between Spice and the merchants requires that all
orders are processed uniformly by Spice. Merchants do not allow users to contact them directly to
resolve issues.
Spice also cannot provide users with more information about their order. This is because Spice must
ensure users' and merchants' interests, as well as users' privacy and security.
After receiving your package, please contact Spice with any questions you may have. We will contact the
merchant about your order on your behalf and provide free consultation services.
9.
Spice encourages users to make full use of the platform to share their own reviews about products or
their experience. These reviews must be made in the public domain, but users enjoy copyright and related
rights to the legal content they create on Spice.
Users should not use Spice to publish content protected by intellectual property rights or other laws.
If a third party complains to Spice about content posted by the user and provides preliminary evidence,
if Spice judges the complaint to be accurate, Spice will delete the content. If content posted by a
user causes losses for Spice, the user will be responsible for compensating for these losses.
10. Information published on Spice publicly:
For the use of this agreement, "the public area used for this service" refers to an area that is
available for the general public's use.
The user agrees that Spice has an irrevocable, global, permanent, free, and non-exclusive right to the
content published in the public area or any other public area, including photographs, text, and
audiovisual materials. Spice may copy, modify, rewrite, adapt, or publish the aforementioned content
for the purpose of displaying, distributing, or promoting the aforementioned service. Photographs, text,
and audiovisual materials will only be used in this way for the purpose of publishing them.
The user agrees that he or she has granted Spice the license-free, permanently valid, irrevocable,
non-exclusive, and fully sublicensable right to use, copy, modify, rewrite, adapt, distribute,
translate, create developmental works and/or disseminate, perform, display and/or incorporate (in part
or in full) any of the aforementioned content in any current or future form in media or technological
works.
11. Fees and Payment
11.1 Spice determines prices based on the prices listed on the seller's official website, as well as
any discounts or preferential policies and the current exchange rate.
The price for international shipping will be calculated based on the item's category, weight, volume,
quantity, packaging and other parameters. The package will be shipped to the user through DHL.
11.2 Spice currently supports direct payment using Visa, Mastercard, Discover, Amex, or JBL credit
cards.
11.3 Refunds for Failed Orders: Orders that require a refund due to cancellation, a failed order, or
discounts will generally be credited within 1-3 working days.
Spice does not save the user's payment information. All refunds are returned to the account used for
the original payment.
12 Duties
The fees paid by the user on the payment page only include payment, service fees, sales tax, and the
international shipping fee for this order. They do not include additional fees for duties.
The Spice app abides by relevant customs laws, regulations, and policies. We request that users comply
with the customs regulations of all countries in question and be cooperative while completing customs
clearance procedures, such as declaration and tax payments.
Spice does not provide duty services.
14. The shipping process can only begin with the support of the logistics team.
14.1 Shipping Partners: Spice currently works with DHL and SF among other logistics companies. Spice
strives to provide users with the best shipping services.
14.2 Shipping Delays: Spice provides users with international shopping opportunities and shipping that
crosses borders, so it is affected by various factors. In the case of seller promotions, domestic
holidays, or other large-scale events, the merchant preparation process and the customs process will
take longer than usual. In the case of an unexpected and uncontrollable event, such as customs
inspection detention or bad weather, the shipping process may be extended in accordance with the date
the package is received.
If there is a shipping delay, we request that you reference the relevant information on the Spice app's
internal page. If there is no relevant information on this page, the problem is an unrelated one. Please
contact Spice's online customer service with any questions.
14.3 Risk of Loss or Damage: American merchants use UPS and USPS, which have a risk of loss or damage.
If Spice's North American Logistics Center has not received a package, or if the U.S. shipping company
has lost or damaged the package during the delivery process, Spice will work with the user, the
merchant, and the U.S. shipping company to handle claims and potentially provide the user with a claim
payment. The maximum claim is the amount spent on the product in question.
(Note: Spice has the right of interpretation, except in special circumstances.)
15. Authenticity and After Sale Events
15.1 Authenticity Guarantee: All products on Spice are purchased through European and American
merchants' official websites. The products are stocked by and shipped from the official websites.
The package often contains a merchant shipping list (except for in situations of customs clearance
inspection). The user can check the accuracy of the order through the merchant order number provided on
the list. Spice can also provide the user with screenshots of online sales from the official website.
Users can typically find these screenshots in the bottom right-hand corner of the order details page
about 24 hours after placing an order (some merchants, because of technical issues or differences in
docking methods, are currently unable to provide screenshots of online sales).
Products bought on the Spice app are provided by merchants. Their authenticity is guaranteed. Please do
not worry about authenticity when buying products on Spice's app.
15.2 After-Sales Issues: In accordance with Spice's after-sales policy, please refer to the Spice
app's Help Document for issues such as package receipts, invoices, returns, or exchanges. If users
contact Spice's customer service, a representative will help the user solve their problem as quickly as
possible.
15.3 Products Restricted by Customs: Customs does not currently allow products that contain alcohol,
including perfume and nail polish, to be shipped internationally. If this situation changes, Spice will
notify users as soon as these products can be shipped. Please pay attention to notifications from the
Spice app and other relevant social media platforms.
1. Spice greatly values users' privacy and the protection of users' personal information. Protection of
user privacy is one of Spice's most fundamental policies. Spice promises that it will not disclose
users' non-public information to the public or third parties except when:
(1) Spice has obtained prior explicit permission from the user;
(2) Relevant laws and regulations demand otherwise;
(3) Relevant government authorities demand otherwise;
(4) It is necessary to protect public interests;
(5) It is necessary to protect Spice's legal rights.
1.2 Spice may work with third parties to provide users with services. If said third party agrees to
Spice's standards for the protection of user privacy, Spice may provide the third party with
registration information.
1.3 Assuming Spice does not disclose any individual user's information, Spice has the right to analyze
the user database and make commercial use of it.
1.4 Spice will use advanced technology and internal controls to protect users' private information.
Please refer to the "Spice User Privacy Policy" for more information about the collection, use,
storage, and disclosure of user privacy information.
1.1 Spice does not guarantee that its services will meet all of the user's expectations, nor does it
guarantee that its services will not be interrupted. Spice also makes no guarantee of its service's
timeliness, security, accuracy, authenticity, or completeness. However, Spice will use all
technological and operational means possible to improve its aforementioned services and functions.
System server updates will occassionally make the user temporarily unable to log in to Spice. This
situation will not affect the user's orders. Spice's engineers will typically solve these problems
within 12 hours, so we encourage users to be patient during these periods.
1.2 Spice does not bear any responsibility for service interruptions or other problems caused by
reasons Spice its control. However, Spice will try its best to reduce any losses or other problems
these issues cause for users.
1.3 Spice wishes to remind the user that, in accordance with relevant laws and regulations, any
information, data, text, software, music, audio files, photographs, pictures, videos, information, or
other materials (henceforth referred to as "content") that are uploaded, posted, emailed, or otherwise
conveyed through Spice, whether public or private, are the responsibility of the person who provides
said content.
Spice does not have control over the content transmitted through Spice. Therefore, Spice does not
guarantee that this content is accurate, complete, or high quality.
Spice is not responsible for any content under any circumstance. This includes, but is not limited to,
errors or omissions in any content, as well as any loss or damage caused by content derived from posts,
emails, or other content transmitted via Spice.
However, Spice has the right to stop the transmission of any of the aforementioned content and take
corresponding legal action, including but not limited to suspending the user's access to some or part of
Spice's services, maintaining relevant records, or reporting the issue to relevant authorities.
1.4 Being a network service provider, Spice does not have the ability to monitor illegal reprints,
false releases, or piracy issues.
Spice is not responsible for any violation of rights made by others on the website. Violators will bear
legal responsibility for their actions.
7) Legal Administration and Other Information
1. The conclusion, execution, and interpretation of this agreement, as well as the resolution of any
disputes, shall be governed by Delaware state law.
If any disputes regarding the content or implementation of this agreement arise between the two parties,
both sides should work to resolve the issue through friendly negotiation. If negotiation becomes
impossible, either party may bring a lawsuit to court where the company is located.
2. If any of the articles of this agreement are, for any reason, deemed to be annulled, invalid, or
unenforceable, the article will be deemed to be a division, and will not affect the validity and
enforceability of any remaining provisions.
8) Modification of the Agreement
1. Spice has the right to modify the provisions of this agreement at any time. If the content of this
agreement changes, Spice will notify users on its website.
2. If the user does not agree with Spice's updated agreement, he or she has the right to stop using
Spice's services.
If the user continues to use Spice, they are considered to accept the updates to the terms of the
agreement.
1. In order to protect users' privacy, we recommend that users contact Spice's customer service via
email (Bieyang@borderxlab.com). This is a customer service method commonly used by many American
merchants, and is the best way to protect users' privacy while also reducing the possibility of missed
messages or processing omissions.
2. Suggestions or Complaints about Spice: Please contact Spice's customer service and tell us your
thoughts about the app. Spice will make use of user feedback in future software and product service
updates.
3. For business-related discussions, please contact Spice's customer service department or send an
email to Spice's official email, Bieyang@borderxlab, in order to get in contact with someone in charge.
Spice respects and strives to protect the privacy of all users of Spice's platform and services.
In order to provide users with more personalized and effective services, Spice may disclose users'
personal information when in accordance with the provisions of this privacy policy.
However, Spice will treat this information with the utmost care and conscientiousness.
Except in situations outlined in the "Spice User Agreement" and this privacy policy, Spice will not
disclose personal information to external parties or provide it to third parties without first obtaining
the user's express permission.
Spice will update this privacy policy periodically.
When the user agrees to the Spice service agreement, he or she is deemed to have agreed to the entire
content of this privacy policy.
This privacy policy is an integral part of Spice's User Agreement.
1. Scope of Applicability
1.1 Personal information provided by the user on the Spice platform when registering or making an
account on the platform;
1.2 When a user uses Spice's platform or services or visits the Spice platform webpage, Spice
automatically receives and records information from the user's computer and web browser. This
information includes, but is not limited to, the user's IP address, web browser, language used, date and
time of access, the characteristics of their software and hardware, and their web history; if users
download or use Spice or its affiliate mobile client software or access mobile webpages through
Spice's platform service, Spice may obtain and use the user's location and mobile device information,
including, but not limited to, device model, identification code, operating system, resolution, and
telecommunications operator.
1.3 Spice receives personal user data from business partners only through legal channels.
2. The user understands and agrees that the privacy policy does not
apply to the following information:
2.1 Keyword information entered when using Spice's search service;
2.2 Credit ratings, illegal activity, or violations of Spice's rules and the measures that Spice has
laid out for users.
3.1 Spice will not provide, sell, rent, share, or trade the user's personal information to any
unrelated third party without the user's express permission, unless the third party, after providing
services to the user, either individually or in conjunction with Spice, will be banned from accessing
the user's materials, including those it could previously access.
3.2 Spice does not allow any third party to collect, edit, sell, or disseminate users' personal
information in any way.
If any Spice user is involved in any of the activities mentioned above, Spice has the right to
terminate the user's service agreement immediately.
3.3 In order to better serve its users, Spice or its affiliates may use personal information to provide
users with information they may be interested in. This information may appear in forms including, but
not limited to, sending product and service information to users, using Spice's system to connect users
with personalized third-party promotional information, or sharing information with Spice's partners,
allowing these partners to send users information about their products and services (the last item on
this list requires prior consent from the user).
3.4 In order to protect the user, other Spice users, or Spice and its affiliates' legitimate rights
and interests, Spice may use the user's personal information to prevent, detect, or investigate the
following: fraud, dangerous behavior, illegal activity, or behavior that violates Spice or its
affiliates' agreements, policies, or rules.
4. Disclosure of Information
In the following circumstances, Spice will disclose the user's personal information in part or in
whole, according to legal requirements or the user's personal wishes:
4.1 With the user's express permission, Spice may disclose personal information to third parties;
4.2 If the user has an appropriate intellectual property complaint and has lodged said complaint, at the
user's request, the complaint will be disclosed to the respondent so that the two parties can more
easily handle rights disputes.
4.3 According to the relevant provisions of the law, or the requirements of administrative or judicial
institutions, Spice may disclose personal information to a third party or to administrative or judicial
institutions;
4.4 If the user violates a country's relevant local laws or regulations, or Spice's service agreement
or related rules, Spice must disclose the information to a third party;
4.5 When Spice must share personal information with third parties in order to provide the required
products and services;
4.6 In some kinds of transactions on Spice's platform, if any party to the transaction fulfills or
partially fulfills transaction obligations and requests that information is disclosed, Spice has the
right to decide to provide the other party's contact information and other required information to the
user in order to faciliate the completion of a transaction or the resolution of a dispute.
4.7 Other disclosures of information that Spice, in accordance with laws, regulations, or website
policies, deems appropriate.
5. Storage and Exchange of Information
The data that Spice collects about the user will be stored on Spice and/or its affiliates' servers.
This information and data may be transmitted to the user's country or region, or to the location where
Spice's information and data is stored, or outside the country. It may then be accessed, stored, and
displayed outside the country.
6.1 If the user has not chosen to block cookies, Spice will set or make use of cookies, allowing the
user to log on to or use Spice's services or features that require cookies.
Spice uses cookies to provide users with carefully curated, personalized services, including
promotional services.
6.2 The user has the right to accept or reject the use of cookies.
The user may reject the use of cookies by changing their browser settings.
However, if the user rejects the use of cookies, they may be unable to log in or use Spice's services
or features that require cookies.
6.3 Relevant information obtained through Spice's cookies will apply to this policy;
7.1 User accounts contain security functions, please take proper care of your account and password
information.
Spice will use security measures, such as backing information up to other servers and encrypting user
passwords, to ensure that the user's information will not be lost, misused, or altered.
Despite the existence of the aforementioned security measures, users should remember that there are no
perfect security measures for information on the Internet.
7.2 When using Spice's services for online transactions, users cannot avoid disclosing their personal
information, such as contact information or mailing addresses, to those they may potentially participate
in transactions with.
Users should handle their personal information carefully and provide it to others only when necessary.
If the user discovers that their personal information, especially their username or password, has been
leaked, they should contact Spice's customer service immediately so that Spice can take measures to
solve the problem.
Spice ensures that the user's credit card information will remain secure when placing orders through
the Spice shopping application. The credit card information that the user enters when using Spice will
go through the "Hypertext Transfer Protocol Secure" and other technology used by the Spice technical
team. After being encrypted, the credit card information will be directly transmitted to the debit
party. The user's credit card information will not be stored. Therefore, the user must re-enter his or
her credit card information every time he or she enters the checkout page.
If the user is not a natural person with full civil rights and the ability for civil conduct, the user
may not use Spice's services, therefore Spice does not wish that the user provide us with any personal
information.
A minor's legal guardian may use Spice on their behalf.