Release Date: [2025-8-25]

Effective Date: [2025-8-25]

Welcome to the Messer China Website (hereinafter referred to as the “Website”)! The Website is owned and operated by Messer Griesheim (China) Investment Co., Ltd. (hereinafter referred to as “We”).

Before accessing the Website, please carefully read and fully understand the contents of these Terms and Conditions, particularly the clauses concerning exemption or limitation of liability, governing laws, and dispute resolution. Clauses that exempt or limit liability are highlighted in bold for your special attention.

These Terms and Conditions are established by us and shall be binding upon your access to and use of the Website’s functions, constituting an agreement between you and us.

If you have any questions about the content of these Terms and Conditions or do not accept any of the provisions outlined herein, please discontinue any further action and cease accessing the Website immediately. Your access to, use,  browsing, or any other utilization of the services or functions provided by the Website in any manner constitutes your acknowledgment and agreement to be bound by these Terms and Conditions.

1. User Code of Conduct and Liability

1.1 User Obligations

You acknowledge and undertake that in the process of using the functions and services provided by the Website, you shall comply with the relevant laws and regulations and shall not engage in any of the following acts that violate the laws and regulations, affect the normal operations of the Website, or infringe upon the legitimate interests of others:

1.1.1 You must not use the Website or its related functions and services to harm national security, undermine political stability, disclose national secrets, infringe on the national, social, or collective interests or the legal rights and interests of third parties. Additionally, you must not engage in illegal or criminal activities, establish websites or communication groups for conducting fraud, teaching criminal methods, producing or selling prohibited or controlled items, or other illegal or criminal activities, or use the network to publish information related to conducting fraud, producing or selling prohibited or controlled items, or other illegal or criminal activities.

1.1.2 You must not produce, release, duplicate, access, disseminate, store, or link to the following information:

1) being against the fundamental principles set out in the Constitution;

2) endangering national security, leaking national secrets, inciting to overthrow national power, overturning of the socialist system, inciting national division or undermining the national unity;

3) damaging the national honor and interests; or inciting ethnic hatred and ethnic discrimination or undermining solidarity among all ethnicities;

4) undermining the national policies on religions, and advocating religious cults and feudal superstition;

5) inciting illegal gathering, association, march, demonstration or mobbing and disturbing the social order;

6) fabricating or disseminating rumors to infringe upon others’ rights, disrupt economic or social order and undermine social stability;

7) disseminating obscene materials, advocating gambling, violence, killing and terrorism, or instigating others to commit crimes;

8) humiliating or defaming other people or infringing upon the legitimate rights and interests of others; or promoting terrorism or extremism;  

9) violating local customs and traditions; or

10) otherwise prohibited by the laws and administrative regulations.

1.1.3 You must not engage in the following activities that endanger the security of computer information networks: cracking, damaging, deleting, altering, or adding to network services and related hardware/software facilities; deleting, altering, or adding to the data or applications stored or transmitted in computer information networks; stealing others’ passwords or illegally intruding into others’ computer systems through software/hardware means; deliberately producing or spreading a computer virus or other harmful program; or other acts which endanger the security of computer information networks.

1.1.4 You must not unauthorizedly copy or use unpublished or unauthorized files on the network. Without the explicit consent of the relevant copyright holder, you shall not unauthorizedly crack, distribute, download, or copy software copyrighted by third parties, or engage in any other activities that infringe upon the intellectual property rights of others.

1.1.5 You must not engage in any use of the Website’s related functions and services that may involve us in political or public events.

1.1.6 You must not participate in any activities organized by us or our authorized third parties through means that infringe upon the lawful rights and interests of third parties, or by means of cheating, disrupting systems, conducting cyber-attacks, or using automated scripts to simulate client operations.

1.1.7 Without our prior written consent, you must not, either by yourself or by authorizing or assisting any third party, illegally scrape any content displayed on the Website (“illegal scraping” refers to obtaining content data through technical means such as using programs not authorized by the Website or abnormal browsing methods).

1.2 Liability Assumption

1.2.1 If you violate the above commitments, we reserve the right to take corresponding actions or terminate the provision of functions and services to you in accordance with these Terms and Conditions without obtaining your consent or providing prior notice to you.

1.2.2 Based on relevant laws and regulations or our reasonable judgment, if your actions are suspected of violating the laws and regulations or breaching these Terms and Conditions, we have the right to take appropriate measures, including, without limitation, directly blocking or deleting infringing information, or directly ceasing to provide functions and services.

1.2.3 Regarding your actions on the Website, including actions not performed on the Website but which have affected the Website and its users, we reserve the right to unilaterally determine the nature of your actions and whether they constitute a violation of these Terms and Conditions, and to take corresponding measures accordingly. You shall independently retain all evidence related to your actions and shall bear the adverse consequences for failing to provide sufficient and necessary evidence.

1.2.4 You shall independently bear all legal liabilities in your own name for any damage caused to any third party due to your alleged breach of commitment and shall ensure that the Website is indemnified against any losses or increased expenses arising therefrom.

1.2.5 If you are suspected of violating relevant laws and regulations or the provisions of these Terms and Conditions, causing us to suffer any losses (including being subject to any third-party claims or penalties imposed by administrative authorities), you shall fully compensate us for all losses incurred as well as reasonable expenses (if any) paid for protecting our rights.

2. Grounds for Exemption or Limitation of Liability

2.1 The Website shall not be liable for damages caused by force majeure. You understand and agree that force majeure shall include, but not be limited to, information network connection failures not attributable to the Website, failures of computer, communication or other systems, power failures, strikes, labor disputes, riots, insurrections, civil disturbances, insufficient productivity or production materials, fires, floods, storms, explosions, wars, government actions, orders from judicial or administrative authorities, or failure to act by third parties, resulting in inability to provide services or delays in service provision.

2.2 The Website may contain links to external websites. When you click on such links, the external website may appear in full screen (in which case you will need to use your browser’s back button to return to the Website), or in some cases it may appear within the frame of the Website (in which case you can use the navigation buttons in the frame to return to the Website). Providing links to external websites does not indicate that we assume any responsibility for such external websites. These links are provided solely to help you conveniently and quickly find relevant websites, services and/or products that may be of interest to you. You shall determine for yourself whether any services and/or products offered through such websites are suitable for your purposes. We assume no responsibility for the owners or operators of such websites, any goods or services they provide, or the content of their websites (including any claims arising from infringement of third-party intellectual property rights by content on any external website linked from the Website).

2.3 All information or advice provided on the Website is for general informational purposes only, and you should not rely on such information or advice to make any decisions. We will endeavor to ensure that all information provided on the Website is accurate at the time of publication, but we do not guarantee the accuracy of such information. We shall not be liable for any actions you may take based on reliance of such information or advice, or for any losses or damages you may suffer as a result of taking such actions.

2.4 You understand and agree that, to the extent permitted by law, the Website shall not be liable for service interruptions or terminations caused by the following:

1) damage caused by computer viruses, Trojans, or other malicious programs, or hacker attacks;

2) malfunctions in the computer software, systems, hardware, or communication lines of users or the Website;

3) improper user operation;

4) use of functions and services by users in a manner not permitted by the Website; or

5) other circumstances beyond the control or reasonable foreseeability of the Website.

2.5 Limitation of Liability

We shall not be liable for any physical or psychological harm or other losses caused to you by issues not attributable to the Website, such as undesirable online content, cybersecurity problems or network failures. Unless otherwise expressly stated in writing and to the extent permitted by laws and regulations, we make no representations or warranties of any kind, whether express or implied, regarding the information, content, materials, products, or services on the Website.

2.6 The Website reserves the right, within the limits permitted by the laws in force in mainland China, to independently decide to cease operations of the Website, shut down all/part of its functions and services, modify the layout and content of the Website, suspend operations for support or maintenance purposes, review, edit, or remove user-submitted content/information, as well as the right to terminate access to the Website at any time without prior notice.

3. Termination of Agreement

3.1 You agree that the Website reserves the right to suspend some or all functions and services for you based on security considerations until the security issue is resolved. If the security issue arises from your unlawful conduct, we reserve the right to terminate some or all functions and services for your and may seek compensation from you for any losses incurred.

3.2 You agree that even after the termination of your agreement with us, if you have engaged in any illegal or non-compliant behavior, or violated these Terms and Conditions while using the functions and services of the Website, we may still assert our rights and hold you accountable in accordance with these Terms and Conditions.

4. Intellectual Property Statement

4.1 The information and materials published on the Website (including, without limitation, codes, texts, charts, logos, button icons, images, audio clips, digital downloads, data compilations, and software) are the property of us or our content providers and are protected by Chinese and international copyright laws. The compilation of all content on the Website is our exclusive property and is protected by Chinese and international copyright laws. Any authorized viewing, copying, printing, or dissemination of the information content from the Website must not be used for commercial purposes, and all use of such information content or any portion thereof must include this copyright notice.

4.2 By accepting these Terms and Conditions, the user voluntarily and irrevocably transfers all transferable rights, including property rights such as copyright property rights (including, without limitation, reproduction right, distribution right, rental right, exhibition right, performance right, screening right, broadcasting right, information network transmission right, filming right, adaptation right, translation right, compilation right, and other transferable rights enjoyed by the copyright holder) over any form of information content submitted on the Website at any time (including, without limitation, feedback, reviews, user inquiries, etc.) to the owner of the Website. The user agrees that we have the right to independently initiate legal proceedings against any infringing party.

4.3 These Terms and Conditions constitute a written agreement for the transfer of rights, including copyright property rights as stipulated by the PRC Copyright Law and related laws. Their validity extends to any copyright-protected content submitted by users on the Website, regardless of whether such content was created before or after the establishment of these Terms and Conditions.

4.4 Unless otherwise required by law, no entity or individual may, without express prior written permission from the Website, illegally reproduce, disseminate, display, mirror, upload, download, repost, quote, link, scrape or otherwise use the information content and related materials on the Website, in whole or in part, by any means. Otherwise, we reserve the right to pursue legal liabilities.

4.5 The following content on the Website may not be reproduced without authorization:

4.5.1 content that has been declared as non-reproducible or requiring permission for reproduction;

4.5.2 unique graphics, logos, page styles, layouts, programs, and other elements unique to the Website;

4.5.3 content accessible only with special authorization or registered user privileges; or

4.5.4 other content prohibited by law or deemed unsuitable for reproduction by the Website.

4.6 We shall not be held legally liable for any disputes arising from improper citation of the Website’s content or for any losses incurred due to such disputes. We reserve the right to pursue legal action against users who violate this statement or engage in unlawful or malicious use of the Website’s content.

5. Governing Law and Jurisdiction

5.1 The formation, validity, interpretation, amendment, supplementation, termination, enforcement, and dispute resolution of these Terms and Conditions shall be governed by the laws of Mainland China. In the absence of relevant legal provisions, general domestic commercial practices and/or industry practices shall be referenced.

5.2 If any provision of these Terms and Conditions is held to be void, invalid, or unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

5.3 Any disputes arising from these Terms and Conditions shall be resolved through amicable negotiations between you and us. If such negotiations fail, either party shall have the right to submit the dispute to the people’s court in the place of our registration for litigation settlement.

6. Miscellaneous

6.1 These Terms and Conditions include the main body of these Terms and Conditions, the Website’s “Privacy Policy” and all rules that have been published or may be published on the Website in the future, all of which have the same legal effect. Additionally, the Website may integrate third-party services, which may have separate service agreements. When using such services, please read and agree to the corresponding separate agreements. The services provided by third parties are independently operated and bear independent responsibility. Disputes arising from your use of third-party services shall be resolved through consultation between you and the third party, and we will make reasonable efforts to provide necessary assistance.

6.2 To provide you with better features and services, and in response to adjustments in national laws and regulations as well as our business development, these Terms and Conditions will be updated accordingly. However, we will not diminish your rights under these Terms and Conditions without your explicit consent. We will publish updated versions on the Website, and we kindly request you to visit the Website regularly to stay informed about the latest terms. If you do not agree to the modified Terms and Conditions, please discontinue using the Website. Your continued access, use, browsing, or any other utilization of the Website and its features or services will be deemed as your acknowledgment and acceptance of the modified Terms and Conditions.

6.3 The Website serves solely as a platform for displaying information about products and companies. Should you or your company procure our products and services, the relevant rights, obligations, and liabilities shall be governed by the commercial contract executed between your company and us.