| PLEASE READ THESE TERMS AND CONDITIONS.
TradeAsia welcomes you. TradeAsia provides its service to you
subject to the following Terms of Service ("Agreement"),
which may be updated by us from time to time without notice to you.
In addition, when using particular TradeAsia services, you shall
be subject to any posted guidelines or rules applicable to such
services, which may be posted from time to time.
- Acceptance of Terms and Conditions
- For purposes of this Agreement, a "User" is any
person who accesses www.e-TradeAsia.com and any hosts with
e-TradeAsia.com domain name ("TradeAsia Sites"),
for whatever purpose, regardless of whether said User has
or has not registered with TradeAsia as a Member or whether
said User is a paying customer for a specific service provided
by TradeAsia.
- By accessing or using TradeAsia Sites, you hereby agree
to accept the terms and conditions set forth in this Agreement
as a User. If you do not accept all of the terms and conditions
of this Agreement, please do not use TradeAsia Sites.
- TradeAsia may amend this Agreement at any time by posting
the amended and restated Agreement on the TradeAsia Sites.
The amended and restated Agreement shall be effective immediately
upon posting.
- Users Generally
- Users may use TradeAsia Sites solely for their own personal
or internal purposes. Each User agrees that it shall not copy,
reproduce or download any information, text, images, video
clips, directories, files, databases or listings available
on or through TradeAsia Sites for the purpose of re-selling
or re-distributing the TradeAsia Content, mass mailing (via
emails, wireless text messages, physical mail or otherwise),
operating a business that competes with TradeAsia, or otherwise
commercially exploiting the TradeAsia Content. Systematic
retrieval of TradeAsia Content from this Site to create or
compile, directly or indirectly, a collection, compilation,
database or directory without written permission from TradeAsia
is prohibited.
- Some of the TradeAsia Content displayed on this Site is
provided or posted by third parties ("Third Party Content").
Any Third Party Content is the sole responsibility of the
party who provided the content. TradeAsia is not responsible
for the accuracy, propriety, lawfulness or truthfulness of
any Third Party Content, and shall not be liable to any User
in connection with such User's reliance of such Third Party
Content. In addition, TradeAsia is not responsible for the
conduct of any User's activities on the TradeAsia Sites, and
shall not be liable to any person in connection with any damage
suffered by any person as a result of such User's conduct.
- TradeAsia may allow Users access to content offered by third
parties through hyperlinks (in the form of word link, banners,
channels or otherwise) to such Third Party's web site. User
acknowledges that TradeAsia has no control over such third
party's web site, and TradeAsia shall not be responsible or
liable to anyone for such web site, or any content, products
or services made available on such a website.
- Messages or information sent by a User through communication
systems provided by the Site, or through emails, fax or letters
to addressees obtained from the Site, shall not contain any
of the materials described in the provisions of Section 4.5
below.
- TradeAsia reserves the right to limit, deny or create different
access to TradeAsia Sites and its features with respect to
different Users, or to change any of the features or introduce
new features without prior notice. Each User acknowledges
that inability to use TradeAsia Sites wholly or partially
for whatever reason may have adverse effects on its business.
Each User hereby agrees that in no event shall TradeAsia be
liable to the User or any third parties for any inability
to use TradeAsia Sites (whether due to disruption, limited
access, changes to or termination of any features on the Site
or otherwise), any delays, errors or omissions with respect
to any communications or transmission, or any damage (direct,
indirect, consequential or otherwise) arising from the use
of or inability to use TradeAsia Sites or any of its features.
- We urge that you read TradeAsia's Privacy
Policy which governs the protection and use of each User's
information in TradeAsia's possession. Each User hereby accepts
the Privacy Policy and any
updates and amendments thereto.
- As a condition of your access to and use of TradeAsia, you
agree that you will not use the TradeAsia service to infringe
the intellectual property rights of others in any way. TradeAsia
will in appropriate circumstances terminate the accounts of
members or users who are repeat infringers of the copyrights,
or other intellectual property rights, of others.
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- Members
- Each User who has registered with TradeAsia by submitting
an application form on TradeAsia Sites and was thereafter
approved by TradeAsia is a member of TradeAsia. TradeAsia
will establish an account for each Member and each Member
will be assigned a Member ID and password for log-in access
to its own Account.
- TradeAsia may suspend or terminate a Member's Account at
any time by giving no less than 24-hour notice to the Member;
provided, however, that notice is not required for such termination
if (a) in TradeAsia's determination, there is any breach of
the provisions of this Agreement by the Member; or (b) TradeAsia
has reasonable grounds to suspect that such information provided
by a Member is untrue, inaccurate or is not current or complete,
or (c) TradeAsia believes that the Member's actions may cause
financial loss or legal liability to such Member, TradeAsia's
other Users, or TradeAsia or its affiliates.
- A Member may not sell, attempt to sell, offer to sell, give,
assign or otherwise transfer an Account, User ID or Password
to a third party. TradeAsia may suspend or terminate the Account
of a Member or the transferee of a Member in the event of
a sale, offer to sell, gift, assignment or transfer in violation
of this Section.
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- Users Who Post Information on TradeAsia
- You must be a Member in order to post information on TradeAsia
Sites. Your status as a Member is governed by the provisions
of Section 3 above.
- No sales agency relationship is created between any Member
and TradeAsia, our affiliates, directors, officers or employees
by virtue of TradeAsia's display of any of the Member 's information
on TradeAsia Sites.
- Each User hereby represents, warrants and agrees to (a)
provide TradeAsia with true, accurate, current and complete
information to be displayed on the Site and (b) maintain and
promptly amend all information to keep it true, accurate,
current and complete. Each Member hereby grants an irrevocable,
perpetual, worldwide and royalty-free, sublicensable (through
multiple tiers) license to TradeAsia to display and use all
information provided by such Member in accordance with the
purposes set forth in this Agreement and to exercise the copyright,
publicity, and database rights you have in such material or
information, in any media now known or not currently known.
- Each Member hereby represents, warrants and agrees that
it has obtained all necessary third party copyright, trademark
trade secret or patent licenses and permissions, or such other
licenses or permissions as may be required in connection with
any other personal or proprietary rights of any third party
(including but not limited to rights of personality and rights
of privacy), for any material or information it posts on TradeAsia
Sites or provides to TradeAsia or authorizes TradeAsia to
display. Third party copyrights, trademarks, trade secret
rights, patents and other personal or proprietary rights affecting
or relating to material or information displayed on TradeAsia
Sites, including but not limited to rights of personality
and rights of privacy, or affecting or relating to products
that are offered or displayed on TradeAsia Sites, are hereafter
referred to as "Third Party Rights." Each User hereby
represents, warrants and agrees that it shall be solely responsible
for ensuring that any material or information it posts on
TradeAsia Sites or provides to TradeAsia or authorizes TradeAsia
to display does not, and that the products represented thereby
do not, violate any Third Party Rights.
- Each Member hereby represents, warrants and agrees that
information submitted to TradeAsia for display on TradeAsia
Sites shall not:
- contain fraudulent information or make fraudulent offers
of items or involve the sale or attempted sale of counterfeit
or stolen items or items whose sales and/or marketing
is prohibited by applicable law, or otherwise promote
other illegal activities;
- be part of a scheme to defraud other Users of TradeAsia
Sites or for any other unlawful purpose;
- relate to sale of products or services that infringe
or otherwise abet or encourage the infringement or violation
of any third party's copyright, patent, trademarks, trade
secret or other proprietary right or rights of publicity
or privacy, or any other Third Party Rights;
- violate any applicable law, statute, ordinance or regulation
(including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination
or false advertising);
- be defamatory, libelous, unlawfully threatening or unlawfully
harassing;
- be obscene or contain or infer any pornography or sex-related
merchandising or any other content or otherwise promotes
sexually explicit materials or is otherwise harmful to
minors;
- contain political propaganda or extreme political views
or opinions
- promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age;
- contain any material that constitutes unauthorized advertising
or harassment (including but not limited to spamming),
invades anyone's privacy or encourages conduct that would
constitute a criminal offence, give rise to civil liability,
or otherwise violate any law or regulation;
- solicit business from any Users in connection with a
commercial activity that competes with TradeAsia;
- contain any computer viruses or other destructive devices
and codes that have the effect of damaging, interfering
with, intercepting or expropriating any software or hardware
system, data or personal information;
- otherwise create any liability for TradeAsia or its
affiliates.
- TradeAsia reserves the right in its sole discretion to remove
any material displayed on TradeAsia Sites which it reasonably
believes is unlawful, could subject TradeAsia to liability,
violates this Agreement or is otherwise found inappropriate
in TradeAsia's opinion. TradeAsia may disclose the User's
identity and contact information, if requested by a government
or law enforcement body, an injured third party, or as a result
of a subpoena or other legal action, and TradeAsia shall not
be liable for damages or results thereof and User agrees not
to bring any action or claim against TradeAsia for such disclosure.
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- Trade Inquiry Exchanges between Buyers and Suppliers
- Through TradeAsia Sites, TradeAsia provides a web-based
platform for exchanging information between buyers and suppliers
of products and services. TradeAsia does not represent the
sellers nor the buyers. As a result, TradeAsia does not control
and is not liable to or responsible for the quality, safety,
lawfulness or availability of the products or services offered
for sale on TradeAsia Sites or the ability of the suppliers
to complete a sale or the ability of buyers to complete a
purchase.
- Users are hereby made aware that there may be risks of dealing
with people acting under false pretenses. Because user verification
on the Internet is difficult, TradeAsia cannot and does not
confirm each User's purported identity (including, without
limitation, Members and Gold Members).
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- Limitation of Liability
- THE FEATURES AND SERVICES ON THE TRADEASIA SITES ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS,
AND TRADEASIA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY,
RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS
AND TERMS ARE HEREBY EXCLUDED.
- TRADEASIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE
VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY,
COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON
OR THROUGH THE SITE. TRADEASIA DOES NOT REPRESENT OR WARRANTY
THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY,
PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED
OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY
RIGHTS; AND TRADEASIA MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED
ON THE TRADEASIA SITES.
- Any material downloaded or otherwise obtained through TradeAsia
Sites is done at each User's sole discretion and risk and
each User is solely responsible for any damage to its computer
system or loss of data that may result from the download of
any such material. No advice or information, whether oral
or written, obtained by any User from TradeAsia or through
or from TradeAsia Sites shall create any warranty not expressly
stated herein.
- Under no circumstances shall TradeAsia be held liable for
an delay or failure or disruption of the content or services
delivered through TradeAsia Sites resulting directly or indirectly
from acts of nature, forces or causes beyond its reasonable
control.
- Each User hereby agrees to indemnify and save TradeAsia,
its affiliates, directors, officers and employees harmless,
from any and all losses, claims, liabilities (including legal
costs on a full indemnity basis) which may arise from such
User's use of TradeAsia Sites (including but not limited to
the display of such User's information on TradeAsia Sites)
or from its breach of any of the terms and conditions of this
Agreement. Each User hereby further agrees to indemnify and
save TradeAsia, its affiliates, directors, officers and employees
harmless, from any and all losses, claims, liabilities (including
legal costs on a full indemnity basis) which may arise from
User's breach of any representations and warranties made by
User to TradeAsia. Each User hereby further agrees to indemnify
and save TradeAsia, its affiliates, directors, officers and
employees harmless, from any and all losses, claims, liabilities
(including legal costs on a full indemnity basis) which may
arise, directly or indirectly, as a result of any claims asserted
by Third Party Rights claimants or other third parties relating
to products offered or displayed on the Site. Each User hereby
further agrees that TradeAsia is not responsible and shall
have no liability to it, for any material posted by others,
including defamatory, offensive or illicit material and that
the risk of damages from such material rests entirely with
each User. TradeAsia reserves the right, at its own expense,
to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event
you shall cooperate with TradeAsia in asserting any available
defenses.
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- Intellectual Property Rights
- TradeAsia is the sole owner or lawful licensee of all the
rights to TradeAsia Sites and the TradeAsia Content. TradeAsia
Sites and TradeAsia Content embody trade secrets and intellectual
property rights protected under worldwide copyright and other
laws. All title, ownership and intellectual property rights
in TradeAsia Sites and TradeAsia Content shall remain with
TradeAsia, its affiliates or licensors of the TradeAsia Content,
as the case may be. All rights not otherwise claimed under
this Agreement or by TradeAsia are hereby reserved.
- "TRADEASIA", "TRADEASIA" and related
icons and logos are registered trademarks or trademarks or
service marks of AsianNet Inc. in various jurisdictions and
are protected under applicable copyright, trademark and other
proprietary rights laws. The unauthorized copying, modification,
use or publication of these marks is strictly prohibited.
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