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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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