|
|
 |
|
|
|
|
|
1. Acceptance |
|
By accessing the Site or using services provided by the Site, you acknowledge terms
and conditions hereof and you agree that you will be bound by the terms and conditions
of this Agreement with respect to your access or use of this Site and any further
upgrade, modification, addition or change to this Site. If you do not accept all
of the terms and conditions of this Agreement, please do not use this Site. |
|
This Agreement applies to each Premium Service (as defined below) in addition to
any terms and conditions that may be applicable to such specific Premium Service
provided, however, that (a) in the event of any conflict or inconsistency between
any provision of the terms and conditions that may be applicable to such Premium
Service and any provision of this Agreement, such conflict or inconsistency shall
(except as otherwise expressly provided or agreed) be resolved in a manner favorable
to EasyBizChina and/or its affiliates; and (b) only to the extent that such conflict
or inconsistency cannot be so resolved, the provisions of the terms and conditions
applicable to such specific Premium Service shall prevail. |
|
In addition, this Agreement may be amended by EasyBizChina any time by posting the
amended and restated Agreement on the Site. The amended and restated Agreement shall
be effective immediately upon posting. Your continued use of the Site shall be deemed
to be acceptance of the amended terms. This Agreement may not otherwise be modified,
except in writing by an authorized officer of EasyBizChina.
|
|
|
 |
|
|
|
|
2. The Site is Only a Venue |
|
The Site is merely a venue for Users to communicate, gather information and participate
in the online commercial transactions described herein, including the Member Area.
The Site's sole purpose is to facilitate the commercial communications process and
provide an efficient resource for research, communication and commerce. The Site
does not guarantee and disclaims any liability with respect to the accuracy of any
information provided by Users with respect to quality, condition, documentation
or ownership of the items advertised for sale or buy on its Site or the accuracy
of any other information provided by Users in connection with any aspect of the
Site. The Site does not guarantee any individual Supplier's or Buyer's ability to
complete transactions using the Member Area and makes no representation regarding
the identity, creditworthiness, or performance of any User. Each User is encouraged
to evaluate carefully the credit and business rating of every other User with whom
transactions are contemplated. Any and all disputes between Buyers and Suppliers
at any time during or after the negotiation and or consummation of a transaction
in which the Site facilitated the occurrence of that negotiation or transaction
are to be resolved directly between the parties in accordance with their respective
policies on such matters.. |
|
|
|
|
|
|
|
|
3. Premium Services |
|
Access to the Site and certain of its features are provided to all Users free of
charge. However, EasyBizChina reserves the right, without prior notice, to restrict
access to certain areas or features of the Site ("Premium Services") to paying Users
or Users who undergo a specific registration process. Access to and use of these
Premium Services are governed by additional terms and conditions under separate
agreements in addition to this Agreement.
|
|
EasyBizChina reserves the right to deny Premium Services to any User for whatever
reason in order to protect the interests of EasyBizChina. |
|
Users who have purchased any of the Premium Services (entitled Gold Supplier and
Trade Promoter) pay an annual membership fee to EasyBizChina for using the Site's
certain features, products and services related to these Premium Services. Free
members and members with Premium Service status may also purchase certain extra
features, products and services which are not included in their membership packages
with respect to their membership types. EasyBizChina may at its sole discretion
add to, delete, or change some or all of the contents of the Site or its functionality,
or change the applicable fees for using the Site at any time.
|
|
|
|
Premium Service members are responsible for paying all applicable taxes in addition
to fees of features, products and services they use. Paid membership fees (i.e.
a one-year valid purchase of a Premium Service) will not be refunded even though
a member requests to terminate its membership before the expiry of the membership
|
|
|
|
|
|
|
|
|
4. Users |
|
The Site is provided to individuals or companies who can form legally binding contracts
under applicable law. If you do not qualify, please do not use the Site. EasyBizChina
is obligated to advise you that any user, during accessing the Site, must behave
in accordance with applicable laws. EasyBizChina is not responsible for the possible
consequence caused by your behavior during use of the Site. The Site, in its sole
discretion, refuses the service to anyone at any time. The service is not available
to temporarily or indefinitely suspended members of the Site. |
|
|
|
|
|
|
|
|
5. Registered Users |
|
5.1 Each User who has completed an on-line registration form on the Site by giving
its information is a registered user of the Site (a "Registered User"). The Site
will establish an account ("Account") for each Registered User and each Registered
User will be assigned a username ("User ID") and password ("Password") for log-in
access to its own Account. Upon submission of a completed Registration Form, each
User agrees to accept each and every one of the terms and conditions of the Agreement.
The Site reserves the right to review and verify the information provided in an
applicant's Registration Form and to limit, postpone or reject the application for
any reason, including not meeting the Site's required qualifications. Each User
understands that, until its Registration Form has been approved, it will not have
access to the Site. The Site reserves the right, in its sole discretion, to review
each User's status and compliance with the terms of the Agreement and to suspend
or terminate a User privilege to access the Site at any time without notice. |
|
|
|
5.2 Each User creates their User ID and Password and is solely responsible for its
confidentiality. User agrees not to furnish User name, Password or other information
to any other party for any use of the Site. User agrees to notify the Site immediately
of any unauthorized use of User's personal Password, User name or other information.
|
|
|
|
5.3 Each User agrees and warrants that all of the information provided in its Registration
Form is true and correct, including, but not limited to, the User's legal name,
address, phone number, fax number, e-mail address and other personal and business
information. User agrees to promptly update any information provided in its Registration
Form if such information subsequently changes.
|
|
|
|
5.4 The Site may assign a web-based email account with limited storage space for
the User to send or receive email (the "Email Account"). The User shall be responsible
for all users and the content of all the messages communicated through the Email
Account, as well as the consequences of any such message. The Registered User shall
not use the Email Account for junk mail, chain letters or spamming or the transmission
of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material or any kind or nature. Further, the Registered
User shall not use the Email Account to publish, distribute, transmit or circulate
any unsolicited advertising or promotional information or any content that is obscene,
indecent, seditious, offensive, defamatory, threatening, or which incites or results
in causing racial hatred, discrimination, menace or breach of confidence.
|
|
|
|
5.5 If the Registered User is a business entity, you represent that (a) you have
the authority to bind the entity to this Agreement; (b) the address you use when
registering is the principal place of business of such business entity; and (c)
all other information submitted to the Site, during the registration process is
true, accurate, current and complete.
|
|
|
|
5.6 By becoming a Registered User, you consent to the inclusion of your personal
data in our Global Buyer Database and authorize the Site to share such information
with other Users.
|
|
|
|
5.7 The Site may suspend or terminate a Registered User's Account or Email Account
at any time by giving no less than 24-hour notice to the Registered User; provided,
however, that notice is not required for such termination if (a) in the Site's determination,
there is any breach of the provisions of this Agreement by the Registered User;
or (b) the Site has reasonable grounds to suspect that such information provided
by a Registered User is untrue, inaccurate or is not current or complete, or (c)
the Site believes that the Registered User's actions may cause financial loss or
legal liability to such Registered User, the Site 's other Users, or the Site or
its affiliates.
|
|
|
|
|
|
|
|
|
6. User Conduct and Behavior
|
|
6.1 You must be a Registered User in order to post information on the Site using
the self-help submit and edit tools provided through the Site. Your status as a
Registered User is governed by the provisions of Section 4 above. |
|
|
|
6.2 No sales agency relationship is created between any User and the Site, our affiliates,
directors, officers or employees by virtue of the Site's display of any of the User's
information on the Site. |
|
|
|
6.3 Each User hereby represents, warrants and agrees to (a) provide the Site 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 User hereby grants an irrevocable, perpetual, worldwide and royalty-free,
sublicensable (through multiple tiers) license the Site to display and use all information
provided by such User 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. |
|
|
|
6.4 Each User 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 the Site or provides to the Site or authorizes the Site 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 the Site, including but not limited to rights of personality and rights of privacy,
or affecting or relating to products that are offered or displayed on the Site,
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 the Site or provides to the Site or authorizes the Site
to display does not, and that the products represented thereby do not, violate any
Third Party Rights, or is posted with the permission of the owner(s) of such rights.
Each User hereby represents, warrants and agrees that it has the right to manufacture,
offer, sell, import and distribute the products it offers and displays on the Site,
and that such manufacture, offer, sale, importation and/or distribution of those
products violates no Third Party Rights. |
|
|
|
6.5 Each User hereby represents, warrants and agrees that information submitted
to the Site for display on the Site shall not:
|
|
|
|
a. 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; |
|
|
|
b. be part of a scheme to defraud other Users of the Site or for any other unlawful
purpose; |
|
|
|
c. 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;
|
|
|
|
d. violate any applicable law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising); |
|
|
|
e. be defamatory, libelous, unlawfully threatening or unlawfully harassing; |
|
|
|
f. be obscene or contain or infer any pornography or sex-related merchandising or
any othercontent or otherwise promotes sexually explicit materials or is otherwise
harmful to minors; |
|
|
|
g. promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation or age; |
|
|
|
h. 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; |
|
|
|
i. solicit business from any Users in connection with a commercial activity that
competes with the Site; |
|
|
|
j. 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; |
|
|
|
k. link directly or indirectly to or include descriptions of goods or services that
are prohibited I.under this Agreement; or otherwise create any liability for the
Site or its affiliates. |
|
|
|
6.6 The Site reserves the right in its sole discretion to remove any material displayed
on the Site which it reasonably believes is unlawful, could subject the Site to
liability, violates this Agreement or is otherwise found inappropriate in the Site's
opinion. The Site reserves the right to cooperate fully with governmental authorities,
private investigators and/or injured third parties in the investigation of any suspected
criminal or civil wrongdoing. Furthermore, the Site 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 the
Site shall not be liable for damages or results thereof and User agrees not to bring
any action or claim against the Site for such disclosure. In connection with any
of the foregoing, the Site may suspend or terminate the Account of any User as the
Site deems appropriate in its sole discretion. User agrees that the Site shall have
no liability to User, including no liability for consequential or any other damages,
in the event the Site takes any of the actions mentioned in this Section, and that
User agrees to bear the risk that the Site may take such actions. |
|
|
|
|
|
|
|
|
7. Transactions between Buyers and Suppliers |
|
7.1 Through the Site, EasyBizChina.com provides an electronic web-based platform
for exchanging information between buyers and suppliers of products and services.
The Site does not represent the seller or the buyer in specific transactions and
does not charge any commissions from completing any transactions. As a result, the
Site 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 the Site
or the ability of the suppliers to complete a sale or the ability of buyers to complete
a purchase. |
|
|
|
7.2 Users are hereby made aware that there may be risks of dealing with people acting
under false pretenses. The Site uses several techniques to verify the accuracy of
the information our users provide us when they register on the Site. However, because
user verification on the Internet is difficult, the Site cannot and does not confirm
each User's purported identity.
|
|
|
|
7.3 Each User acknowledges that it is fully assuming the risks of purchase and sale
transactions when using the Site to conduct transactions, and that it is fully assuming
the risks of liability or harm of any kind in connection with subsequent activity
of any kind relating to products or services that are the subject of transactions
using the Site. Such risks shall include, but are not limited to, mis-representation
of products and services, fraudulent schemes, unsatisfactory quality, failure to
meet specifications, defective or dangerous products, unlawful products, delay or
default in delivery or payment, cost mis-calculations, breach of warranty, breach
of contract and transportation accidents. Such risks also include the risks that
the manufacture, importation, distribution, offer, display, purchase, sale and/or
use of products or services offered or displayed on the Site may violate or may
be asserted to violate Third Party Rights, and the risk that User may incur costs
of defense or other costs in connection with third parties' assertion of Third Party
Rights, or in connection with any claims by any party that they are entitled to
defense or indemnification in relation to assertions of rights, demands or claims
by Third Party Rights claimants. Such risks also include the risks that consumers,
other purchasers, end-users of products or others claiming to have suffered injuries
or harms relating to product originally obtained by Users of the Site as a result
of purchase and sale transactions in connection with using the Site may suffer harms
and/or assert claims arising from their use of such products. All of the foregoing
risks are hereafter referred to as "Transaction Risks". Each User agrees that the
Site shall not be liable or responsible for any damages, liabilities, costs, harms,
inconveniences, business disruptions or expenditures of any kind that may arise
a result of or in connection with any Transaction Risks.
|
|
|
|
7.4 Users are solely responsible for all of the terms and conditions of the transactions
conducted on, through or as a result of use of the Site, including, without limitation,
terms regarding payment, returns, warranties, shipping, insurance, fees, taxes,
title, licenses, fines, permits, handling, transportation and storage.
|
|
|
|
7.5 In the event that any User has a dispute with any party to a transaction, such
User agrees to release and indemnify the Site (and our agents, affiliates, directors,
officers and employees) from all claims, demands, actions, proceedings, costs, expenses
and damages (including without limitation any actual, special, incidental or consequential
damages) arising out of or in connection with such transaction.
|
|
|
|
|
|
|
|
|
8. No Agency |
|
The relationship between a User and the Site is that of an independent contractor.
No agency, partnership, joint venture, employee-employer or franchise relationship
is implied, intended or created by the terms and conditions of this User Agreement. |
|
|
|
|
|
|
|
|
9. Supervision |
|
The Site reserves the right to supervise all material, content and information on
its Site, to determine compliance with the terms and conditions of this User Agreement
and all current and future operating procedures and rules of conduct established
by the Site. The Site reserves the right, at its sole and absolute discretion, to
amend, edit, remove or otherwise block any material posted by a User which may violate
any state, federal or local law or violate any aspect of this User Agreement. However,
the Company does not assume responsibility for verifying the material, content and
information on its Site and is not responsible for any damages, losses, expenses
or other injuries incurred by any User as a result of relying on any material, content
and information posted on the Site. Users agree to indemnify and hold harmless the
Site from any damages, losses, expenses or other injuries incurred by any User as
a result of using any aspect of the Site. |
|
|
|
|
|
|
|
|
10. Changes to Site |
|
The Site reserves the right, in its sole and absolute discretion, to modify, suspend
or terminate any aspect of its Site, including but not limited to its Member Area,
without notice, including, but not limited to, changes in content, features, functionality,
news and information, and product categories. |
|
|
|
|
|
|
|
|
11. Links to Third Parties' Web Sites |
|
This Site may contain links and pointers to Internet sites maintained by third parties.
The Site does not operate or control in any respect any information, products or
services on such third-party sites. Third party links and pointers are included
solely for the convenience of Users, and do not constitute any endorsement by the
Site. User assumes sole responsibility for use of third party links and pointers.
The Site reserves the right to selectively revoke its consent to any link at any
time in the Site's sole and absolute discretion. |
|
|
|
|
|
|
|
|
12. Copyright & Intelligence Property Protection |
|
EasyBizChina Inc. is the exclusive copy rights owner of EasyBizChina, EasyBizChina.com,
and related icons and logos. The unauthorized copying, modification, use or publication
of these marks is strictly prohibited. |
|
|
|
|
|
|
|
|
13. Dispute & Resolution |
|
This Agreement shall be governed in all aspects by the laws of the British Virgin
Islands, without regard to its conflict of law principles. If any claim or dispute
arising out of, in connection with or relating to this Agreement, including any
question concerning its existence, validity and termination or interpretation is
not resolved through friendly consultations within thirty (30) days from the date
a Party gives other Parties written notice of a dispute, then it shall be resolved
exclusively by arbitration under the auspices of, and in accordance with and under
the arbitration ordinance and the arbitration rules of the British Virgin Islands,
then in effect, and shall be submitted to the courts of British Virgin Islands.
Any arbitration shall be heard before an arbitrator (the chairman of the arbitration
tribunal) appointed by the courts of British Virgin Islands. The arbitration shall
be final and binding on the Parties, shall not be subject to any appeal, and the
Parties agree to be bound thereby and to act accordingly.
|
|
|
|
|
|
|
|
