These Terms apply to every function of GIFUN LoadExpert (the "service"). Please read them in full before you start using the service. Terms dealing with intellectual property and prohibited conduct, the disclaimer for loading results, and the limitation of liability are marked in bold — they have a material effect on your rights and obligations; if anything is unclear, contact us before you use the service.
Version v1.3 · Effective from the date this page is published
This page sets out the Terms of Service of GIFUN LoadExpert (the "Terms"). Before using the service, please confirm that you have read and understood these Terms in full, in particular Article 6 (intellectual property and prohibited conduct), Article 7 (disclaimer and use limits for loading results), Article 9 (limitation of liability) and Article 12 (governing law and dispute resolution).
1.1 The service: the container and pallet loading calculations, plan generation, visualisation and related technical services operated by Zhang Jifeng and provided to users through loadexp.com and its subpaths (including the /app/ application) and through client applications on various platforms.
1.2 Loading result: any loading plan, coordinate data, loading sequence, space utilisation, centre-of-gravity and weight analysis, 3D visualisation graphic and exported file output by the service on the basis of data entered by the user.
1.3 User: any natural person, legal person or unincorporated organisation that accesses or uses the service. Where the service can be tried without registration, these Terms apply equally. The service is open to users including those located in mainland China, the Hong Kong Special Administrative Region of China, the Macao Special Administrative Region of China and the Taiwan region of China.
1.4 Rights holder: the natural person Zhang Jifeng who operates the service (published as "Gifun Studio" / "GIFUN LoadExpert"), together with his affiliates and licensors.
2.1 Where a user accesses, registers with, signs in to, submits a calculation request to, or actually uses the service in any way, that user is deemed to have read, understood and accepted all of these Terms.
2.2 The rights holder is entitled to revise these Terms in line with changes in laws and regulations and business needs, and to publish the revision by site notice or by updating the page. The revised Terms take effect on the date of publication; continued use of the service is deemed acceptance of the revision. A user who does not accept the revision should stop using the service.
3.1 The service provides: pallet and container loading calculations, mixed loading of multiple carton sizes, multi-container combination recommendations, loading plans and 3D visualisation, together with related auxiliary tools.
3.2 The service has a free trial allowance. Parameters such as the free allowance, the cooldown between calculations and the site-wide daily quota are adjusted at any time by the rights holder according to operational needs, and after any adjustment the rules actually in effect in the service govern, with no separate individual notice. The specific figures do not constitute any commitment to users.
3.3 The free trial is a technical trial function available anonymously, and what it returns is limited information (such as scalar metrics); it is not equivalent to the full service capability of a full account.
4.1 Some functions require a registered account. Users should provide registration information that is true, accurate and complete, and keep it up to date.
4.2 An account is for the registered user's own use only. Users must not rent, lend, share or give away an account, must not transfer account permissions to a third party, and must not provide access credentials to others in any form.
4.3 Users should keep their account and password safe, and bear the loss caused by poor safekeeping themselves. On discovering that an account is being used without authorisation, the user should notify the rights holder immediately.
4.4 Where registration information is false, an account is used abnormally, or these Terms or laws and regulations are breached, the rights holder is entitled to restrict functions and to suspend or cancel the account.
5.1 Rights in the data a user submits in order to use the service — cargo, carton types, container types, weights, company information and the like (the "user data") — remain with the user or the corresponding rights holder.
5.2 The user grants the rights holder a non-exclusive licence, necessary for delivering the functions, operations, security and troubleshooting of the service and usable within the territory of China, to store, process, transmit and display user data. Except in the following circumstances, the rights holder must not disclose user data to a third party: (1) the user has consented; (2) laws or regulations so require, or a competent authority lawfully so requires; (3) it is necessary to protect the lawful rights and interests of the rights holder and the necessary protective measures have been taken.
5.3 Users should satisfy themselves that the data they submit does not infringe any third party's rights and that they have fulfilled the necessary compliance obligations. Disputes arising from user data are borne by the user.
5.4 Users should avoid submitting anything relating to state secrets, to the trade secrets of others, or to sensitive data for which authorisation has not been obtained.
5.5 Processing of personal information: the service processes account information, login credentials, access logs (including IP addresses) and those parts of the data submitted by users that involve personal information in accordance with the Personal Information Protection Law of the People's Republic of China. For the specific purposes of processing, the methods, the retention periods and user rights, see the Privacy Policy. The Privacy Policy forms part of these Terms.
6.1 The intellectual property rights in the service and in all of its components — including but not limited to the loading algorithm, the calculation model and strategy configuration, the container type and pallet specification data, the software source code and object code, the interface design, the user interface design, the graphics and charts, the text content and the trade marks and logos — belong to the rights holder and are protected under the Copyright Law, the Trade Mark Law, the Patent Law and the Anti-Unfair Competition Law of the People's Republic of China and other laws and regulations; in Hong Kong SAR, China, Macao SAR, China and the Taiwan region of China the service is likewise protected under the local laws on copyright, trade marks, trade secrets and fair trading.
6.2 The loading algorithm, calculation parameters, strategy rules and related technical materials of the service are the trade secrets of the rights holder. Users who learn of or come into contact with that content through using the service owe a duty of confidentiality and must not disclose it to, provide it to, or allow its use by, a third party.
6.3 Acceptable use — without the rights holder's prior written permission, users must not carry out any of the following conduct (each a "prohibited act"):
6.4 Scope of authorisation: loading results generated by a user on the basis of the service may be used freely within that user's own internal business operations (including for delivering goods to its own customers); however, selling the loading results themselves to others as goods or as the subject matter of a service, providing a paid service externally, or publicly disseminating or publicly distributing them requires separate prior written authorisation from the rights holder.
6.5 The rights holder reserves all rights not expressly granted to users under these Terms. These Terms grant users no licence to use any trade mark, logo or brand.
A loading result is a computational recommendation for reference only; whether to adopt it is the user's own decision, and the user bears the consequences.
7.1 A loading result is a computational recommendation for reference only. The service calculates on the basis of the data entered by the user, and the accuracy of the output depends entirely on the truthfulness, accuracy and completeness of the data the user provides.
7.2 Before carrying out a load, the user should verify the conditions on site, including but not limited to: the actual dimensions and deformation of the container, the actual weight and centre of gravity, dunnage and support conditions, load-bearing and stacking limits, lashing and securing requirements, dangerous goods segregation requirements, the laws and regulations of the destination country or region, and the specific requirements of the carrier, the shipping line, the terminal and customs.
7.3 The service does not replace professional judgement on site, and does not constitute a warranty or undertaking as to the feasibility, safety or legality of a load. Users should make their own independent judgement and the necessary adjustments to a loading plan in the light of actual site conditions; whether to adopt a plan output by the service is the user's own decision and the user bears the consequences.
7.4 To the maximum extent permitted by law, the rights holder is not liable to compensate any direct or indirect loss arising from a user's adoption of, reference to or failure to adopt a loading result, including but not limited to damage to cargo, cargo loss or shortage, delayed delivery, a rolled container, a withdrawn export declaration, transport and storage costs, customer claims, loss of goodwill and loss of expected profits.
7.5 The disclaimer above does not apply to the following (under Article 506 of the Civil Code of the People's Republic of China): (1) personal injury caused to the other party; (2) property loss caused to the other party intentionally or by gross negligence on the part of the rights holder. Where intent or gross negligence exists, the rights holder bears liability in accordance with law.
7.6 The service gives no warranty as to the compliance of a loading result in any particular jurisdiction. Where cross-border transport, dangerous goods or out-of-gauge cargo is involved, users should obtain separate advice from a professional body.
8.1 The service is provided on an "as is" and "as available" basis. The rights holder does not warrant that the service will be uninterrupted, error-free or free of delay, nor that it will meet the user's particular purpose or expectations.
8.2 The rights holder is entitled to add, modify, suspend or terminate all or part of the functions of the service (including the free allowance and the free entry point) at any time, without prior notice.
8.3 Where the service is unavailable because of system maintenance, an upgrade, a fault, an interruption of a third-party service, a network attack or force majeure, the rights holder is not liable.
9.1 Except where laws impose mandatory rules and except as otherwise provided in Article 7.5, the aggregate liability of the rights holder under these Terms or in connection with the service shall not exceed the amount of the service fee actually paid by the user for the use of the service (zero for free use).
9.2 The rights holder is not liable for any indirect loss, incidental loss, punitive damages, loss of data, loss of profits or loss of goodwill, even if it has been notified of the possibility of such loss.
10.1 Where a user breaches these Terms (in particular the prohibited acts in Article 6.3), the rights holder is entitled to take one or more of the following measures: a warning, restriction of functions, suspension or cancellation of the account, deletion of the relevant content, termination of the service, and pursuit of legal liability.
10.2 Where a user breaches Article 6.3, that user bears the following liability:
Regional application: where a user is located in Hong Kong SAR, China, Macao SAR, China or the Taiwan region of China, the scale of liquidated damages above does not exclude the mandatory local provisions on liquidated damages and damages; where local law provides otherwise on a mandatory basis, those provisions apply to the extent that they apply.
10.3 The rights holder is entitled to file complaints and require necessary measures against infringing conduct with the relevant platforms, app stores, cloud service providers, domain name registration service providers, payment institutions and the like.
10.4 A failure or delay by the rights holder in exercising any right under these Terms does not constitute a waiver of that right.
11.1 Notices given by the rights holder to users may be served by site notice, reply to a ticket, page announcement or a prompt on the sign-in page, and are deemed served on the date of publication. The registration information for the service does not include an email address or a mobile number, so the rights holder cannot serve notices on individual users by email or SMS — the email address in Article 11.2 is only a channel for a user to send notices to, and to exercise rights against, the rights holder. Users should sign in of their own initiative to check site notices.
11.2 A notice, complaint or rights request from a user to the rights holder should be sent to: zhangjifeng@msn.com.
12.1 The formation, validity, interpretation and performance of these Terms are governed by the laws of the People's Republic of China. As regards, in particular, the place where the service is provided, the place where the operating entity is established and the principal place of performance of these Terms, the laws of the mainland region of the People's Republic of China apply.
12.2 A dispute arising from these Terms or from the service shall be resolved by the parties through friendly negotiation; where negotiation fails, the dispute shall be submitted to the competent People's Court in Ningbo, Zhejiang Province, for resolution by litigation, that court being the governing jurisdiction agreed by the parties.
12.3 Special regional note: where a user is located in Hong Kong SAR, China, Macao SAR, China or the Taiwan region of China, these Terms do not exclude and do not restrict the rights that user enjoys under legal provisions of mandatory application in force in that region, including but not limited to seeking remedies from the competent local authorities, exercising rights such as access to and correction of personal data, and the rights conferred by local consumer protection law. As regards such users, the jurisdiction provision in Article 12.2 of these Terms does not affect their right to seek remedies, in accordance with law, from a body or court with jurisdiction in their own region; whether a judgment given in another jurisdiction is recognised and enforced is handled in accordance with the judicial assistance arrangements in force in that jurisdiction at the time or with its local law.
12.4 These Terms are written and published in Simplified Chinese. Where a translation into another language or script is provided, the Simplified Chinese version prevails if the meaning of the text is ambiguous.
13.1 Severability: where any part of these Terms is held to be invalid or unenforceable, the remaining content remains legally effective.
13.2 These Terms constitute the entire agreement between the parties in respect of the service and supersede all prior intentions, undertakings or representations, whether oral or written.
13.3 Article 6 (intellectual property and prohibited conduct), Article 7 (disclaimer), Article 9 (limitation of liability) and Article 12 (governing law and dispute resolution) of these Terms remain effective after the service is terminated.
For the interpretation of these Terms, complaints, reports of infringement and rights requests, please contact: zhangjifeng@msn.com. Operating entity: Zhang Jifeng (natural person).
Version v1.3 · Effective from the date this page is published. Please also read the Privacy Policy.