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This Agreement describes the terms
and conditions applicable to your use of the asiatradehub.com web site, which features
tools for trading and communicating in a global business to business e-market (the
"Service").
Please read this agreement carefully!
THE FOLLOWING
DESCRIBES THE TERMS AND CONDITIONS ON WHICH ASIA TRADE HUB OFFERS YOU ACCESS TO THE
SERVICE.
1)
Acceptance of Terms
By accessing our web site past the home page, you agree
that you have entered into this Agreement with Matrix net-on-line Limited
("Matrix") and that you will be bound by the terms and conditions hereof ("Terms"), which Matrix in its
discretion may change from time to time. We will post a notice on our web site to inform
you of any changes to the Terms. If you do not agree to the changes, you must discontinue
using the Service. The changed terms shall automatically be effective immediately after
they are initially posted on the homepage of our site. Your continued use of the Service
will signify your acceptance of the changed Terms. Unless explicitly stated otherwise, any
new features that augment or enhance the Service shall be subject to this Agreement. This
Agreement may not be otherwise modified except in a writing signed by an authorized
officer of Matrix.
2)
Who Can Use Asia Trade Hub
The Service is only available to individuals or
companies who can form legally binding contracts under applicable law. Thus, you must be at least 18 years of age to use our services.
If you do not qualify, please do not use the Service. Matrix may, in its sole discretion,
refuse the Service to anyone at any time. The Service is not available to temporarily or
indefinitely suspended Asia Trade Hub members.
3) Fees
Joining Asia Trade Hub and the use of the Service is
free! We reserve the right to charge fees for the Service upon notice to you pursuant to
paragraph 1. You are responsible for paying all applicable taxes and duties and for all
hardware, software, service and other costs you incur to trade, procure a listing from us,
or access our servers. We reserve the right to change or discontinue, temporarily or
permanently, some or all of the Service at any time without notice.
4) Asia Trade Hub
Is Only A Venue For Trading
Our site acts as the venue for users to locate people
to trade with and to negotiate the exchange of goods and services. We are not involved in
the actual transaction between trading partners. As a result, we have no control over the
quality, safety or legality of the items being traded, the truth or accuracy of the item
listings, the ability of traders to fulfill their obligations in a trade agreement. We
cannot and do not control whether or not traders will complete their part of a trade. In
addition, note that there are risks of dealing with underage persons or people acting
under false pretense.
5) Your
Information And Items For Trade
"Your Information" includes any information
data, text, software, music, sound, photographs, graphics, video, messages or other
materials you provide to us or other users during the registration, trading or listing
processes, in any public message area or through any email feature. With respect to Your
Information, you are solely responsible for Your Information, and we act as a passive
conduit for your online distribution and publication of Your Information. We may take any
action, however, with respect to your information we deem necessary or appropriate in our
sole discretion if we believe it may create liability for us or may cause us to lose (in
whole or in part) the services. You hereby warrant that you have all rights, including
all
copyrights, necessary to submit Your Information to Asia Trade Hub. You acknowledge that
Matrix does not take any responsibility to determine what information that is submitted to
us is protected, nor will we be responsible for the use of Your Information by other users
of the Service.
5.1) Registration Obligations
If you register with us, you agree to:
(a) provide true,
accurate, current and complete information about yourself or company as prompted by the
member information form at http://www.asiatradehub.com, and
(b) maintain and
promptly update the member information to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or incomplete, or
Matrix has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Matrix has the right to suspend or terminate your registration and
refuse any and all current or future use of the Service
(or any portion thereof). If you have registered with us on behalf of a company or
other entity, than you represent and warrant that you have the authority to bind such
company or other entity to the Terms.
5.2) Member ID, Password and Security
During the registration process, you will select a
Member ID and Password. You are solely responsible for maintaining the confidentiality of
your Member ID and Password, and for all activities that occur under your Member ID and
password. You agree to (a) immediately notify Asia Trade Hub of any unauthorized use of
your Member ID or Password or any other breach of security, and (b) ensure that you
properly exit the web site at the end of each session. Matrix cannot and will not be
liable for any loss or damage arising from your failure to comply with this paragraph.
5.3) Rules About Your Information
You agree that Your Information and the items you offer
for trade on Asia Trade Hub:
1)
Will not be fraudulent or involve the sale of
counterfeit or stolen items;
2) Will not infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of publicity or
privacy (See
our Copyright Policy for more information);
3) Will not violate any law, statute, ordinance or
regulation (including without limitation those governing export control, consumer
protection, unfair competition, anti-discrimination or false advertising);
4) Will not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing;
5) Will not be obscene or contain child pornography;
6) Will not contain any viruses, Trojan horses, worms, time
bombs or other computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or personal
information; and
7)
Will not link directly or indirectly to or include
descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii)
you do not have a right to link to or include. You also agree not to use the Service (h)
in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited
messages, (i) to collect e-mail addresses and other information about others without their
consent or (j) to create false e-mail addresses or otherwise attempt to mislead others as
to the identity of the sender or the origin of a message.
5.4) Prohibited Items
You may not post on our site or trade through our site
any: (a) any item that could cause us to violate any applicable law, statute, ordinance or
regulation, or (b) any item prohibited and incorporated herein by reference, which may be
updated from time to time.
6) The
License You Grant To Us
You grant to us the exclusive, worldwide, perpetual,
royalty-free right (with the right to sublicense through multiple tiers) to use,
reproduce, modify, adapt, publish, translate, create derivative works from, distribute,
perform and display (in whole or in part) Your Information, and/or to incorporate Your
Information in other works in any form, media, or technology now known or later developed.
7) Privacy
Notwithstanding the license in paragraph 6, Asia Trade
Hub will only use Your Information in accordance with our Privacy Policy, The complete
terms of our Privacy Statement are part of this Agreement so you should read it. Please
note that when you voluntarily disclose Your Information in Asia Trade Hub trading areas,
that information can be collected and used by others.
8) Trading
Process
a). Listing An Item : Listings are text descriptions, graphics and/or pictures on Asia Trade Hub
web site supplied by you that either; (a) describe an item you have that you want to
trade, or (b) describe an item you are looking for. You may post either or both of these
listing types of listings on Asia Trade Hub site, provided that you place such listings in
an appropriate category. Matrix is not responsible for the accuracy or content of
listings.
b). Negotiating A Trade : Traders on Asia Trade Hub negotiate with each other through the process of
formulating offers and counteroffers. Acceptance of an offer or counteroffer by all
parties constitutes an obligation for all parties involved to complete the transaction.
Acceptances and Offers are not retractable except in exceptional circumstances such as a
user materially changing the description of the item after your offer was made or clear
typographical errors, or when you can not authenticate the identity of a user involved in
the trade.
c)
Handling
Trading Disputes : We do not and
cannot be involved in dealings between traders. In the event that you have a dispute with
one or more users, you release Asia Trade Hub (and our agents and employees) from any
claims, demands and damages (actual and consequential) of every kind and nature arising
out of or in any way connected with such disputes.
d) Use Common Sense : We cannot nor do we try to control the information provided by other users
which is made available through the Service. By its very nature, other people's
information may be offensive, harmful or inaccurate, and in some cases will be mislabeled
or deceptively labeled. We expect that you will use caution and common sense when using
our site.
9) The
Trading System
a) No Trade Manipulation
: You agree to not use a shill (a secondary account
or third party) to manipulate the outcome of a negotiation with another trader.
b) System Integrity : You agree that you will not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Asia Trade Hub site or
any trade being conducted on our site. You may not take any action which imposes an
unreasonable or disproportionately large load on our infrastructure. You may not disclose
or share your password to any third parties or use your password for any unauthorized
purpose.
c) Feedback : You may not take any actions which may undermine the integrity of the
feedback system (e.g., "Member Tag"), such as: leaving positive feedback for
yourself using secondary Member IDs or third parties; leaving negative feedback for other
users using secondary member IDs or third parties (feedback bombing); or leaving negative
feedback if a user fails to perform some action that is outside the scope of the trade
(feedback extortion).
d) No Commercial Exploitation : You agree that you may not commercially exploit any information, including
but not limited to, copying any information displayed, on the Asia Trade Hub web site
without prior written authorization from an authorized officer of Asia Trade Hub.
10) Termination
You agree that Matrix, in its sole discretion, may
terminate your password, account (or any part thereof) or use of the Service, and remove
and discard Your Information within the Service, for any reason, including without
limitation, if Matrix believes that you have violated or acted inconsistently with the
letter and spirit of the Agreement. Matrix may also, in its sole discretion and at any
time, discontinue providing the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under any provision of this
Agreement may be effected without prior notice, and acknowledge and agree that Matrix may
immediately deactivate or delete your account and all related information and files in
your account and/or bar any further access to such files or the Service. Further, you
agree that Matrix shall not be liable to you or any third party for any termination of
your access to the Service. Paragraphs 12, 13, 14, and 22 shall survive any termination of
this Agreement.
11) What Happens if You Break the Rules?
We may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership, any of your current listings,
and any other information you place on the site if you breach this Agreement or if we are
unable to verify or authenticate any information you provide to us. Without limiting any
other remedies, Matrix may suspend or terminate your account if you are found (by
conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged
in fraudulent activity in connection with our site.
12) The Service is Provided "As
Is."
We will try very hard to make your experience with Asia
Trade Hub enjoyable. Unfortunately, we cannot always foresee or anticipate technical or
other difficulties. These difficulties may result in loss of data or other service
interruptions. For this reason, you expressly understand and agree that your use of the
service is at your own risk. the service is provided on an "as is" and "as
available" basis. asia trade hub expressly disclaims all warranties of any kind,
whether express or implied, including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose and non-infringement. matrix makes no
warranty that: (i) the service will meet your requirements; (ii) the service will be
uninterupted, timely, secure, or error-free; (iii) the results that may be obtained from
the use of the service will be accurate or reliable; and (iv) the quality of any products,
services, information, or other material purchased or obtained by you through the service
will meet your expectations. any material downloaded or otherwise obtained through the use
of the service is done at your own discretion and risk and you will be solely responsible
for any damage to your computer system or loss of data that results from the download of
any such material. no advice or information, whether oral or written, obtained by you from
asia trade hub or through or from the service shall create any warranty not expressly
stated in the agreement.
Note:
Some jurisdictions do not allow
the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
This warranty gives you specific legal rights and you may also have other legal rights
which vary from jurisdiction to jurisdiction.
13) Limit of Liability
You expressly understand and agree that matrix shall not be
liable for any direct, indirect, incidental, special, consequential or exemplary damages,
including, but not limited to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if asia trade hub has been advised of the possibility of such
damages), resulting from: (i) the use or the inability to use the service; (ii) the cost
of procurement of substitute goods and services resulting from any goods, data,
information or services purchases or obtained or messages received or transactions entered
into through or from the service; (iii) unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct of any third party on the service; or
(v) any other matter relating to the service.
Note:
Some jurisdictions do not allow
the limitation of liability, so the foregoing limitation may not apply to you.
14) Indemnity
You agree to indemnify and hold asiatradehub.com and our
subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any
claim or demand (including legal expenses and the expenses of other professionals) made by
a third party due to or arising out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or the rights of a third party.
15) Compliance With Laws
You shall comply with all applicable laws, statutes,
ordinances and regulations regarding your use of the Service and your bidding on, listing,
purchase and sale of items, including, but not limited to, complying with Indian Laws.
16) No Agency
You and Matrix are independent identity, and no agency,
partnership, joint venture, employee-employer or relationship is intended or created by
this Agreement.
17) Advertising & Financial Services
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and
such advertiser. You agree that Matrix shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service. If you intend to create or join any service,
receive or request any news messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities, please be advised MATRIX
shall not be responsible nor liable for the accuracy, usefulness or availability of any
such information transmitted via the Service, and shall not be responsible nor liable for
any trading or investment decisions made based on such information.
18)
Links
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because Matrix has no control over such sites
and resources, you acknowledge and agree that Matrix is not responsible for the
availability of such external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that Matrix
shall not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or resource.
19) Notices
Except as explicitly stated otherwise, any notices
shall be given by email to vasia@vsnl.com or to the email address you provide
to Asia Trade Hub during the registration process (in your case), or such other address as
the party shall specify. Notice shall be deemed given twenty-four (24) hours after email
is sent, unless the sending party is notified that the email address is invalid.
Alternatively, we may give you notice by certified mail, postage prepaid and return
receipt requested, to the address provided to Asia Trade Hub during the registration
process. In such case, notice shall be deemed given three (3) days after the date of
mailing.
20) Force Majeure
MATRIX shall not be liable to you for delays or
failures in performance resulting from causes beyond our reasonable control, including,
but not limited to, acts of God, labor disputes or disturbances, material shortages or
rationing, riots, acts of war, governmental regulations, communication or utility
failures, or casualties.
21) Assignment
MATRIX may assign this Agreement without your consent.
22) Miscellaneous
The Agreement constitutes the entire Agreement between
you and MATRIX and controls to use of the Service, superseding any prior written or oral
Agreements between you and MATRIX. The Agreement shall be governed in all respects by the
Indian Laws without regard to its conflict of law provisions. If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such section. Our failure
to act with respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches.
More about Us.
The services hereunder are offered by
asiatradehub.com.
For more information, please email us at
info@matrixnetonline.com
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