Terms Of Use

　When you visit, browse, and use or download any contents of the Site, you are considered to have accepted the Terms of Use of the Site, and therefore agree to be bounded by the terms when you enter the Site in any fashion and use any services and information provided by The Site.

The Terms of Use stipulates the Rules on services and information provided to you by Beijing Information Services Branch (hereinafter to be referred as “the Company”, “we” or “us”)of PetroChina Sales Company through Energyahead website (http//:www.energyahead.com) (hereinafter to be referred as “the Site”).

The Company retains the right to amend any part of the Terms of Use. If you do not agree with such amendments, you shall not continuo to use any services provide by the Site or download any information from the Site. When you enter the Site or use the services provided by the Site on or after the date when the amendment becomes effective, you are considered to have accepted such amendments.

The Company retains the right to terminate or suspend the operation of the Site at any time, or supplement, delete, amend or move any contents of the Site. The Company retains the right to take any measure to prohibit any user from accessing parts or all contents of the Site.

1. User

You become our user when you accept the Terms of Use and visit the Site. Users may browse all the contents opening to the general public. If you wish to use every fee-based service provided by the Site, for example, to publish requests of trading on the Site, and to conduct trading activities in the E-Marketplace or E-Procurement Clubs of the Site, etc., you shall register to become a member.

The fee-based services provide by the Site may be bounded by additional terms and conditions, If you intend to use such fee-based services, you shall be informed on such additional the terms and conditions.

When you intend to use some of the services provided by the Site, you may have to fill out one or several forms prepared by the Site either online or in other fashions or provide relevant information as required by the Company. When you fill out the above forms or provide relevant information, you are considered to have undertaken:

1. The information on your personal identification provided according to the Company’s requirement is true, accurate, prompt and complete;
2. Any contents (" other information") published or provided by you through the Site are true, accurate, prompt and complete;
3. You shall maintain and update your personal identification information and other information to ensure the truthfulness, accuracy, promptness and completeness of the information.

If the personal identification information and other information provided by you prove to be untrue, inaccurate, delayed or incomplete, or we have rational evidence to believe that the above-mentioned information provided by you are untrue, inaccurate, delayed or incomplete, the Company retains the right to suspend or terminate your account, and deny your privilege on using parts or all services presently provided or likely to be provided in the future by the Company.

2. Intellectual Property and Other Relevant Rights

1. The Intellectual Property of the Site

All information shown or displayed on the Site and in relevance to the Site, or all information in relevance to the configurations, displays, screen layouts, catalogs owned or used by the Site, including but not limited to the domain names, logos, trademarks and the name of the Site (hereinafter to be referred as "The Intellectual Property of The Site") owned or used by the Site, shall be protected by all laws applicable on intellectual property protections, including protections by both national and international relevant laws on copyrights, trademarks and business confidentiality. You agree not to acquire any rights on the intellectual property of the Site, nor to raise objections or requests on the rights of the intellectual property entitled to the property owner of the Company or the Site, and agree to respect and not to infringe such intellectual property. The Company and the intellectual property owner of the Site retain all the rights in relevance to the intellectual property, and shall proactively protect such intellectual property, including seeking for legal compensations, damage compensations, and indemnity on legal fees.

2. Use of The Intellectual Property Owned by the Site

Before receiving a written consent of the Company, you are not permitted to copy any or all contents of the Intellectual property of the Site directly or indirectly, regardless of such acts being conducted electronically, mechanically or in any other fashions, including but not limited to the duplications on writing styles, contents or formality of the contents of the Site. You are not permitted to make copies of, or to distribute, publish, reprint or retransmit any information obtained from the Site directly or indirectly, or to use the information commercially in any other fashions when you conduct trading with a third party without using the Site.

3. Other Ownership Rights

The Company and the third party who provides such information are entitled for the property ownership rights of the information posted on the Site. In addition, other trademarks appeared on the Site, and some particular information on a specific company is also considered as the rights entitled to the relevant parties. You agree not to acquire any rights on the aforesaid information, nor to raise any objections or claims on the owner of the Site or acquire rights on any of such information or trademarks of the Site or the property owners of such information and trademarks, and agree to respect and not to tort the rights of a third party ("Other Ownership Rights").

3. User’s Fundamental Rules

For any information published on the Site, whether published openly or transmitted privately, individuals who provide such information are hold responsible. The terms herein states that instead of the Company but the individuals who provide relevant information shall take full responsibilities for the contents uploaded, published, transmitted and provided by e-mails or in other fashions by using the services of the Site. The company shall not control on the contents published by using the services provided by the Site, therefore shall not guarantee on the accuracy, integrality and quality of such contents. Users who receive such information from the Site shall agree and acknowledge that they may be exposed to inappropriate and unpleasant contents while using the services provided by the Site. Under any circumstances, the Company shall not take any responsibilities on any contents in any fashions for any losses or damages suffered from using any contents, including but not limited to any errors or omissions contained in any contents, or using any contents published by using the services provided by the Site, and transmitted such contents via. E-mails, or provided such contents by using other transmissions.

In the course of using the Site, users agree:

1. Shall not interfere or obstruct the security of the Site or abuse the Site, or any services, system resources, accounts, servers or networks attached or linked to the Site or to the accessories of the Site or to the links of the Site.
2. Shall not interfere or obstruct any users to use the Site or the accessories of the Site or links of the Site.
3. Shall not use the Site to upload, publish or convey any viruses or other document which can be damaging, disturbing or destructive, or alter any information or contents provided by the Site in any other fashions.
4. Shall not use the Site to upload, publish or convey any information with which you are not authorized, or other contents which are illegal, threatening, humiliating, harassing, fraudulent, slandering or unpleasant.
5. Shall not use the Site to upload, publish or convey any information which may violate others’ ownership rights, intellectual property rights or the other third parties’ rights.
6. Unless having received a written consent of the Company, do not use the Site to upload, publish or convey any uninvited advertisement, propaganda materials, junk-mails or to solicit businesses in other fashions.
7. Without prior authorizations from the Company, do not use or attempt to use the other users' accounts, services or systems, nor to fabricate or use false identities on the Site.
8. Shall not use the Site to transmit any forms of uninvited e-mails to any individual or organizations which have not agreed to receive.
9. Shall not reveal any usernames and passwords to anybody.
10. Shall not attempt to enter any parts of the Site which requires authorizations, or any parts which restrain on the entries of the general public.
11. Shall not photocopy, distribute, sell or use the services or part of services provided by the Company for any commercial purposes in any other fashions.

You acknowledge and agree that the Company is not obligated to exam any contents published on the Site in advance, but entitled to deny or delete any contents provided to the Site at its own discretion, including which we consider to have violated the Terms of Use or contain inappropriate contents. You shall assume any risks arising from the employment or dependence on the aforesaid information at your own discretion, including the risks arising from the assumption that the information acquired is accurate, integral and practical.

4. Links and Contents from Third parties.

1. Links with other Websites

The Site shall provide links with other websites from time to time. Such links are provided for the sole purposes of conveniences. The Company shall not be committed to any approvals, sponsorships or recommendations on services or products provided by linked websites, or the affiliated enterprises of the linked websites.

2. Links of Other Websites with the Site

Any website wishes to link with the Site must receive a written consent of the Site, unless the following criteria are satisfied:

1. Such link is in a text format, which contains the banners of the homepage of the Site only; and,
2. Such link only directs to the homepage of the Site, and shall not include any sublevel pages; and
3. When a user clicks on such a link, instead of being displayed inside the screen frame of other website, a full screen of the Site’s homepage must be displayed, and;
4. The layouts, locations and other aspects of such links shall not (i) generate the following impressions, namely, a specific entity’s acts or products are related to or supported by the Company or the Company’s affiliated parties, or (ii) cause damages or jeopardize the names and the credibility of the Company or the trademarks of the Company or the Company’s affiliated parties.

The Company retains the right to cancel any permits issued for links of other websites with the Site at its own discretion.

3. The Contents of Third parties

The Site contains material, data or information provided or published through graphic-frames and other technologies by third parties, including but not limited to the general contents, advertisings, products or service data and tools, or messages to invite online community discussions. You agree that the Company or the Company’s affiliated organizations shall not be responsible on behalf of you for any of such material, data or information provided by a third party. You are obligated to comply with applicable Terms of Use and privacy policies issued by the content providers for any of your employment of the contents published by any third parties. The Company shall not verify, approve or guarantee any contents provided by the third parties. The Company shall not be responsible for any deliverability and quality of any product or service promoted, advertised and provided by the third parties by using the Site or other websites. Please notify us in the event you believe that any of the contents provided by a third party have lead to infringements of your intellectual property.

5. Disclaimer on Responsibilities

The Site provides services "according to the existing status". Users shall be responsible for all risks resulted from using such services. The Company shall not undertake any forms of assurance or take any responsibilities for instructions of either explicit or implicit, including any guarantees on marketability, suitableness for specific applications or tort-free.

The Company shall not guarantee on the following affairs:

1. The services shall be satisfactory to your requirements;
2. The serves shall not be interrupted, and shall be prompt, secure, or error-free;
3. The results from using the services shall be accurate or reliable;
4. Any content or product qualities received from using the services shall meet your expectations; or
5. Any errors existed in any software shall be corrected;

f)You shall take relevant risks at your discretion for any contents of information received, downloaded or obtained in any other fashions from using the Site, including any damages incurred to your computer system or any losses of information resulted from downloading such information from the Site. Any information received from using the Site or the services of the Site in oral or written forms, shall not constitute the assurance of the Company.

This Disclaimer shall apply to: relevant services or attempts to use the services or trading among users, or damages or impairments resulted from the aforesaid terms, including any unfulfilled obligations, errors, omissions, interruptions, deletions, defects, delays on operations or transmissions, computer viruses, breakdowns of communication facilities, thefts or damages, or unauthorized entries, changing and using the records, which incur by virtue of contract violations, torts (whether or not conducted by the Company), or acts based on any other reasons. The Company and its subsidiaries, agents, affiliated parties and content providers shall not take any responsibilities and obligations for any losses incurred directly, specially, indirectly or accidentally, which are caused by transactions conducted or to be conducted from using any of the services, entry failures or using relevant services, or defaults of any responsibilities or obligations, even if the Company or the third parties mentioned-above are fully aware of the such possible damages.

Under the condition that there are no restrictions on the other rules listed in the Terms of Use, users agree that the Company and its staff members, directors, shareholders, organization members, employees, agents and affiliated parties of the Company shall not take any responsibilities for any losses or expenditures resulted from users’ employment of the Site or the services provided by the Site, whether or not incurred by virtue of the direct or indirect oversights or misconducts of the Company. The users shall exempt the aforesaid individuals from any responsibilities associated directly or indirectly.

The Company shall not be responsible for any damages resulted from using the transmitted information provided by the Site, including but not limited to e-mail communications in relevance to trading operations.

Notwithstanding the limitations on any other responsibilities stated in the aforesaid regulations or the Agreement, in the event that users are entitled to acquire compensations, every user shall agree to be therefore compensated at the maximized amount of: any expenditure or compensation paid to the Company by the user in relevance to a specific trade or a specific service used, provided that the incidents, conducts or omissions which result in the aforesaid compensations can be rationally attributed to such trading transactions or using such services.

6. Indemnity of Users

Users shall take responsibilities for the following affairs, acknowledge and agree that the Company shall be hold free from responsibilities arising form, and pledge to hold the Company free from any correlative losses resulted from the following affairs. Users agree to indemnify on losses incurred to the Company or the Company’s management staff, directors, shareholders, independent contractors, employees, agents and affiliated parties by virtue of the following affairs:

1. Users’employment of the Site or the services of the Site, or any violations on the applicable laws and regulations from such employments;
2. Trading, delivery, transportation, warehousing, handling, abandonment or use of the products, or any other acts or affairs that affect or are related to the products and the trading of the products, or acts conducted in compliance with relevant stipulations of aforesaid affairs stated in relevant laws and regulations;
3. Pay, deduct, reserve or charge taxes applicable to the products and acts stated in the aforesaid (b) provision in accordance with relevant laws or regulations;
4. Any personal injuries, property losses or environment contaminations resulted from the products and conducts stated in the aforesaid (b) provision;
5. Any claims or disputes arising from dissensions among users, including but not limited to claims resulted from relevant trading of the products;
6. Any information provided by users or any trading transaction with which a user acts as one party, or user’s false employment of such information;
7. User’s violation of the Terms of Use.

7. Confidentiality Policy

The Company respects and protects all personal information or privacy, and stipulates relevant regulations to protect such information and privacy. (See our “Confidentiality Policy” herein).

8. Applicable Laws

The Terms shall be governed by and interpreted in accordance with the laws of the People’s Republic of China.

9. Dispute Settlements

Parties in disagreement shall do their best to settle any disputes arising from or in relevance to the Terms of Use through friendly negotiations. In the event that such disputes fail to be settled within 30 days upon the starting date of friendly negotiations, the two parties shall apply for arbitrations on such disputes to China International Economic and Trade Arbitration Commission (CIETAG). The arbitrations shall be conducted in accordance with the then effective arbitration clauses of the Commission, and it shall take place in Beijing. The arbitral award is final and binding upon both parties.

10. Headings

The headings on each clause of this Terms of Use are given for the sole purpose of convenience, which shall not constitute any parts of this Terms of Use as well as affect the meanings or explanations of this Terms of Use under any circumstances.

11. Partition Ability

In the event that any part of the Terms of Use is regarded as illegal, invalid, un-enforceable and contrary to the public policies by the jurisdictional courts or other organizations, it shall not affect the validities of the other parts hereof.