Terms & Conditions
Welcome to ChineseUser.Com's Terms &
Conditions ("Terms"). This Agreement describes the terms and conditions applicable to your use of the
ChineseUser.Com web site, which features tools for trading and communicating in a global business
or personal e-service (the "Service").
PLEASE READ THIS AGREEMENT CAREFULLY!
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH
ChineseUser 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 ChineseUser.Com ("ChineseUser") and that you
will be bound by the terms and conditions hereof ("Terms"), which ChineseUser
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 ChineseUser.
2. Who Can Use ChineseUser. 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. ChineseUser may, in its sole discretion, refuse the Service to anyone at
any time. The Service is not available to temporarily or indefinitely suspended ChineseUser
members.
3. Fees. Joining ChineseUser
and the use
of the Service is partly free! We reserve the right to change 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. ChineseUser Is
Only A Venue For Communicating & Trading. Our site acts as the venue for users to locate people to
communicate & trade with, to
negotiate the exchange of goods and services and to obtain various
trade-related services. However, 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 foreign
nationals, 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 of our ISPs or other suppliers. You hereby warrant that
you have all rights, including all copyrights, necessary to submit Your
Information to ChineseUser. You acknowledge that ChineseUser 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 , 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 ChineseUser has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, ChineseUser 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, then 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 ChineseUser 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. ChineseUser
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
ChineseUser:
-
will not be fraudulent or involve the
sale of counterfeit or stolen items;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);
-
will not violate any law, statute,
ordinance or regulation (including without limitation those governing export
control, trade quotas, consumer protection, unfair competition,
anti-discrimination or false advertising);
-
will not be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing;
-
will not be obscene or contain child
pornography;
-
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
-
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 that is currently on Chineseuser.Com's Prohibited Items List
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 non-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, ChineseUser will only use Your Information in accordance with our Privacy
Policy. The
complete terms of our Privacy Policy are part of this Agreement so you
should read it. Please note that when you voluntarily disclose Your Information
in ChineseUser.Com's trading areas, that information can be collected and used by
others.
8. The Trading
Process
8.1 Listing An
Item.
Listings are text descriptions, graphics and/or pictures on ChineseUser's 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 ChineseUser's site, provided that you place
such listings in an appropriate category. ChineseUser is not responsible for the
accuracy or content of listings (including any translations thereof).
8.2 Negotiating A
Trade.
Traders on ChineseUser 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 ChineseUser users 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. ChineseUser is not
responsible for the accuracy of, or any error or omission in, any information
contained in any Request for Quote, Purchase Order, Quote or other online
document that is part of the ¡°My Trade Activity¡± feature.
8.3 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 or third-party service
providers whose services you obtain through our web site, you release ChineseUser
(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.
8.4 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.
8.5 Quick Sample. If you use the Quick Sample feature on our website as a buyer or
seller, you agree to abide by the Quick Sample Buyer Guidelines and the Quick
Sample Seller Guidelines, both of which are incorporated into and form a part
of these Terms. In addition to the
release that you (as seller or buyer) provide under Section 8.3 above, you
release ChineseUser (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 any order for samples that we process for you,
including any failure for whatever reason to complete any orders, any failure
for whatever reason to deliver any samples ordered, and any defects in or
problems with any samples delivered. We reserve the right, at any time and in our sole discretion, to suspend
or terminate your ChineseUser membership if you fail to use Quick Sample in
accordance with these Terms or for any reason.
9. The Trading
System
9.1 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.
9.2 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 ChineseUser.com 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.
9.3 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).
9.4 No Commercial
Exploitation.
You agree that you may not commercially exploit any information, including but
not limited to, copying (through robot, spider, any other automatic device or
manual process) any information displayed, on the ChineseUser web site without
prior written authorization from an authorized officer of ChineseUser.
10. Termination. You agree that
ChineseUser, 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 ChineseUser believes that
you have violated or acted inconsistently with the letter and spirit of the
Agreement. ChineseUser 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 ChineseUser 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 ChineseUser
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? Without limiting other remedies, 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 (i)
you breach this Agreement, (ii) we are unable to verify or authenticate any
information you provide to us or (iii) we believe that your actions may cause
legal liability for you, our users, third-party service providers whose
services are provided through our web site or us. Without limiting any other
remedies, ChineseUser 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 ChineseUser
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. ChineseUser 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. ChineseUser 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 ChineseUser OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
AGREEMENT.
12.1 Any Samples Ordered through Sample
House Are ¡°As Is.¡± YOU EXPRESSLY UNDERSTAND
AND AGREE THAT ANY SAMPLES ORDERED AND DELIVERED ARE PROVIDED ON AN ¡°AS IS¡± AND
¡°AS AVAILABLE¡± BASIS, AND YOU AGREE THAT YOU USE THOSE SAMPLES AT YOUR OWN
RISK. ChineseUser
EXPRESSLY DISCLAIMS
ANY AND 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 WITH RESPECT TO ANY SUCH SAMPLES.
12.2 Note: Some jurisdictions do not allow
the disclaimer of implied warranties, so the foregoing disclaimers 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 ChineseUser 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 ChineseUser 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, SAMPLES, 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 HOWEVER ARISING, INCLUDING NEGLIGENCE.
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 ChineseUser and our subsidiaries, affiliates, officers, directors, agents, and
employees, harmless from any claim or demand (including reasonable 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 all applicable
laws regarding the transmission of technical data exported from any applicable
country.
16. No Agency. You and ChineseUser
are
independent contractors, and no agency, partnership, joint venture,
employee-employer or franchisor-franchisee 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 ChineseUser 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 ChineseUser 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 ChineseUser has no control over such sites and resources, you acknowledge
and agree that ChineseUser 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 ChineseUser 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 webmaster@ChineseUser.com
(in
the case of ChineseUser) or to the email address you provide to ChineseUser 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 ChineseUser during the registration
process. In such case, notice shall be deemed given three (3) days after the
date of mailing.
20. Force
Majeure. ChineseUser 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. ChineseUser may assign this
Agreement.
22. Miscellaneous. The Agreement constitutes
the entire Agreement between you and ChineseUser and governs your use of the
Service, superseding any prior written or oral Agreements between you and ChineseUser.
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.
23. Arbitration.
Any controversy or claim arising out of or relating to this Agreement or
our services shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the Singapore Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party.
Contacting Us.
If you have any questions about this Terms &
Conditions, the practices of ChineseUser,or your dealings with the
ChineseUser.com web site,you can contact us at:webmaster@ChineseUser.com
Tel: (65)-67777918 Fax:
(65)-67777051
