Terms and Conditions
This Terms of Use Agreement (the "Agreement") describes the terms and conditions relevant to your usage of the Eworldtradefair.com website. You are requested to read and understand them carefully.
1Appliance and Acceptance of Terms and Conditions.
-
A person who accesses the Site for whatsoever purpose is called a “User” regardless of whether he has registered on the Site as a registered User or is a paying customer for a particular service provided by Eworldtradefair.com or its affiliate, in relevance to this agreement. A User can be an individual using this Site and any legal entity, which may be represented, by such person under actual or evident authority.
- To each of the services defined below, this agreement is applicable and also in addition to any terms and conditions that may be applicable to such specific Service provided. However (i) any conflict or inconsistency that may be applicable to such Premium Service and any provision of this Agreement which arises between any provision of the terms and conditions, (except as otherwise expressly provided or agreed) shall be resolved in a manner favorable to Eworldtradefair.com and/or its affiliates; and (ii) the provisions of the terms and conditions applicable to such specific Service shall prevail, only to the extent that such conflict or inconsistency cannot be so resolved.
- The terms and conditions of this Agreement will bind you with respect to your access, use, up gradation, modification, addition or change to this Site. By accessing or using the Site, you hereby agree to accept the terms and conditions set forward in this Agreement as a User & if you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
- This Agreement can be amended by Eworldtradefair.com at any time by posting the amended and restated Agreement on the Site and the same shall be effective immediately upon posting. This Agreement was last amended on January 1, 2009. Posting of the amended and restated Agreement by Eworldtradefair.com and your continued use of the Site shall be considered to be acceptance of the amended terms. Until & unless given in writing by an authorized officer of Eworldtradefair.com, this Agreement may not otherwise be modified.
2Users Generally
- This Site can be used by users solely for their own personal purposes and each of them agree that it shall not copy, reproduce or download any information, text, images, video clips, files, databases directories or listings available on or through the "Eworldtradefair.com Content", for the purpose of re-selling or re-distributing the Eworldtradefair.com Content, mass mailing (via emails, wireless text messages, physical mail, etc.), operating a business that competes with Eworldtradefair.com, or otherwise commercially exploiting the Eworldtradefair.com Content. It is strictly prohibited to retrieve the content, create or compile, directly or indirectly, a collection, database or directory (whether through automaton, automatic devices or manual processes) without written permission from Eworldtradefair.com. In addition, it is strictly prohibited to use of the content or materials for any purpose not expressly permitted in this Agreement.
- Some Third Party Content (Posted by third parties) is displayed on this Site. Eworldtradefair.com is not the author of Third-Party Content, whether contributed by unspecified users or paid content providers. Eworldtradefair.com shall not be liable to any User for the conduct of any User's activities on the Site, in association with such User's reliance of such Third Party Content, and to any person in connection with any harm suffered by any individual as a result of such User's conduct. In addition, Eworldtradefair.com is not responsible for the accuracy, propriety, lawfulness or reliability of any Third Party Content. Any Third Party Content is the sole responsibility of the party who provided the content.
- Users access to content, products or services offered by third parties for third party websites may be allowed by Eworldtradefair.com through hyperlinks (in the form of word links, banners, channels or otherwise). In order to be aware of the terms and conditions of your use of such sites, it is advised to examine such sites' terms and conditions and/or privacy policies before using them. Eworldtradefair.com shall not be held responsible or liable to anyone for such web site, or any content, products or services made available on such a website ad a User acknowledges that Eworldtradefair.com has no control over such third party's web site, does not monitor such sites.
- With regards to the provisions of Section 4.5 below, Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees acquired from the Site, shall not contain any of the materials described, within.
- The right to limit, deny or create different access to the Site and its features with respect to different Users are reserved by Eworldtradefair.com, and also to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. By using this Site, each User hereby agrees that in any event of inability to use the Site for any (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, slip-ups 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 the Site or any of its features, Eworldtradefair.com shall not held liable to the User or any third parties.
- Any User shall not attempt to get unauthorized access and undermine the integrity of the to computer systems or networks used by Eworldtradefair.com and/or any other User.
- It is recommended by us to you to read Eworldtradefair.com's Privacy Policy that governs the protection and use of each User's information in the possession of this Site and/or its affiliates. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. It is acknowledged by each User that Privacy Policy can be changed by Eworldtradefair from time to time, provided that Eworldtradefair.com shall make available the updated version of the same on the Site at all times. Acceptance of the Privacy Policy that is then displayed on the Site at the time of such use, is considered as accepted by your continuation of usage of the Site.
- It is agreed by you as a condition of your access to and use of Eworldtradefair.com, that you will not use the Eworldtradefair.com service to breach the intellectual property rights or other legal rights of others in any way. Those who are repeat infringers of the copyrights, or other intellectual property rights, or other legitimate rights of others, Eworldtradefair.com will in relevant circumstances cease the accounts of such Users. In addition, if Eworldtradefair.com believes that User's conduct is harmful to the interests of Eworldtradefair.com, its affiliates, or other users, or for any other reason in Eworldtradefair.com's sole discretion, with or without cause, Eworldtradefair.com reserves the right to terminate the account of a user. A User’s account can also be terminated upon any single infringement of the rights of others in conjunction with use of the Eworldtradefair.com service.
3Registered Users
- A User is called a registered user of the Site if he has completed and submitted a registration form on Eworldtradefair.com either online on the Site or offline by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) to providing the pertinent specific services. For each Registered User, An account ("Account") will be established and each Registered User will be assigned a user alias ("User ID") and password ("Password") for login access to its own Account.
- A User may be assigned web-based email account with limited storage space to send or receive email (the "Email Account") and he shall be liable for all users and the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
- If you represent that:-
- you have the authority to bind the entity to this Agreement;
- the address you use when registering is the principal place of business of such business entity; and
- all other information submitted to Eworldtradefair.com and its affiliates during the registration process is true, accurate, current and complete, the Registered User is considered as a business entity. A branch or representative workplace will not be considered a separate entity for purposes of this provision, and its principal place of business will be deemed to be that of its head office.
- You agree to the insertion of your personal data in our Global Buyer Database and allow Eworldtradefair.com and its affiliates to share such information with other Users, by becoming a Registered User of the Site.
- A Registered User's Account or Email Account may suspended or terminated at any time by Eworldtradefair.com or its affiliates by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if
- there is any breach of the provisions of this Agreement by the Registered User; in Eworldtradefair.com's fortitude or
- Eworldtradefair.com deems that the Registered User's actions may cause financial loss or legal liability to such Registered User, Eworldtradefair.com's other Users, or Eworldtradefair.com or its affiliates or
- Eworldtradefair.com has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete.
- The Email Account shall not be used for spamming, junk mails or the transmission of any unlawful, harassing, slanderous, abusive, threatening, harmful, offensive, obscene or otherwise objectionable material of any kind or nature, by the Registered User. 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, rebellious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
- Eworldtradefair.com may refuse registration and deny the issuance of an Account and/or Email Account and associated User ID and Password to any User for whatever reason for not complying with Section 3.1 above.
4Users Who Post Information on the Site
- In order to post information on the Site using the self-help submit and edit tools provided through the Site, you must be a Registered User of the Site. Your status as a Registered user is governed by the provisions of Section 3 above and any terms and conditions applicable to the relevant Premium Service .
- By virtue of Eworldtradefair.com's display of any of the User's information on the Site, no sales agency relationship is created between any User and Eworldtradefair.com, our affiliates, directors, officers or employees
- It is agreed and warranted by each user to provide with true, accurate, current and complete information to be displayed on the Site and maintain and promptly amend all information to keep it true, accurate, current and complete. An irreversible, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license is granted by each user to Eworldtradefair.com to display and use all information provided by such User in accordance with the purposes set forth in this Agreement. The same is done to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
- For any material or information a User authorizes Eworldtradefair.com to display, posts on the Site or provides to Eworldtradefair.com, each User hereby symbolizes, warrants and agrees that it has obtained all necessary third party copyright, trademark, trade secrets 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). "Third Party Rights." are referred to as 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. The sole responsibility for ensuring that any material or information it posts on the Site or provides to Eworldtradefair.com or authorizes Eworldtradefair.com to demonstrate 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 is warranted and represented by the User. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import, export and distribute the products it offers and displays on the Site, and the same violates no Third Party Rights.
- It is represented, warranted and agreed by each user that information submitted to Eworldtradefair.com for display on the Site shall not :
- Violate any pertinent law, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Include deceptive information or make fraudulent offers of items or involve the auction 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 the Site or for any other unlawful purpose;
- Relate to auction of products or services that infringe or otherwise 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;
- Be libelous, unlawfully threatening or troublesome;
- 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 injurious to minors;
- Encourage discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contain any material that give rise to civil liability, or otherwise violate any law or regulation, invades anyone's privacy or encourages conduct that would comprise of a criminal offence, and constitutes unauthorized publicity or harassment (including but not limited to spamming);
- Impersonate any individual or entity; misrepresent yourself or your affiliation with any person or entity;
- Solicit business from any Users in connection with a commercial activity that competes with Eworldtradefair.com;
- Link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are forbidden under this Agreement;
- 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 private information;
- Violate any provision in the Product Listing Policy;
- Otherwise create any legal responsibility for Eworldtradefair.com or its affiliates.
- In its sole discretion, Eworldtradefair.com reserves the right to remove any material displayed on the Site which could subject Eworldtradefair.com to liability, violates this Agreement or is otherwise found inappropriate in Eworldtradefair.com's opinion and which it reasonably believes is unlawful. In the investigation of any suspected criminal or civil wrongdoing, Eworldtradefair.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties. Further, on request by a government or law enforcement body, an injured third party, or as a result of a lawful action, Eworldtradefair.com may disclose the User's identity and contact information and shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Eworldtradefair.com for such disclosure. In connection with any of the abovementioned, Eworldtradefair.com may suspend or terminate the Account of any User, as Eworldtradefair.com believes appropriate in its sole discretion. User agrees that Eworldtradefair.com shall have no responsibility and liability to User for consequential or any other damages, in the event Eworldtradefair.com takes any of the actions mentioned in this Section, and that User agrees to bear the risk that Eworldtradefair.com may take such actions.
5 Buyers and Suppliers Transactions
-
An electronic web-based platform for exchanging information between buyers and suppliers of products and services is provided by Eworldtradefair.com. No commissions are charged by Eworldtradefair.com for completing any transactions as well as do not represent the seller or the buyer in specific transactions. Consequently, Eworldtradefair.com 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 procurement.
- We advice the Users to stay aware from the risk of dealing with people acting under forged pretences. Although several techniques are used by Eworldtradefair.com to verify the accuracy of the information our users provide us, when registering on the Site. However, because user verification on the Internet is difficult, Eworldtradefair.com cannot and does not confirm each User's purported identity (including, without limitation, Suppliers). You are advised to use the various tools offered on the Site plus common sense, to evaluate with whom you are dealing.
- It is acknowledged by each user that all risks of purchase and sale transactions when using the Site to conduct transactions, 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 are fully assumed by it. Such risks shall include misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, impediment or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents, but are not limited to it. It also includes 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.” These also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may infringe 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. Each User agrees that for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a consequence of or in connection with any Transaction Risks, Eworldtradefair.com shall not be answerable or 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, fees, taxes, insurance, title, licenses, fines, permits, handling, transportation and storage, users are fully and wholly responsible.
- The User agrees to release and indemnify Eworldtradefair.com (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 association with such transaction, In the case that it has a dispute with any party over a transaction.
6Premium Services.
- Certain features of the website and its’ access are provided free of charge to all the users. However, Eworldtradefair.com 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 and usage of these Premium Services are presided over by additional terms and conditions under separate agreements in addition to this Agreement.
7 Limitation of Liability
- The features and services on the site are provided on an "as is" and "as available" basis, to the maximum extent permitted by law. Eworldtradefair.com hereby clearly 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.
- Eworldtradefair.com does not symbolize or warranty that the manufacture, importation, export, 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. Eworldtradefair.com makes no representations or warranties about the validity, precision, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the site, to the maximum extent permitted by law. Also Eworldtradefair.com makes no representations or warranties of any kind concerning any product or service offered or displayed on the site.
- Downloading or obtainment of data from the Site is done at each User's sole discretion and risk and it is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No recommendation or information, whether oral or written, obtained by any User from Eworldtradefair.com or through or from the Site shall create any warranty not expressly stated herein.
- Eworldtradefair.com can’t be held responsible for a delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, insurrections, civil disturbances, shortages of labor or materials labor disputes, riots, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties, under any circumstances.
- It is agreed by every user to indemnify and save Eworldtradefair.com from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement, along with its affiliates, directors, officers and employees harmless. Each User hereby further agrees to indemnify and save Eworldtradefair.com, 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 Eworldtradefair.com, including but not limited to those set forth in Sections 5.3, 5.4 and 5.5 above. It is agreed by the user to underwrite and save Eworldtradefair.com, 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 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, that Eworldtradefair.com is not responsible and shall have no responsibility to it. Eworldtradefair.com reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Eworldtradefair.com in asserting any available defenses, at its own expense.
- Any liability shall not be borne by Eworldtradefair.com for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in agreement, negligence, tort or otherwise or any other damages resulting from any of the following:
- Third party unauthorized data access or to confidential information of any User;
- The use or the incapability to use the Site;
- Violation of Third Party Rights or claims or demands that Users' manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may disobey or may be asserted to violate Third Party Rights; or 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;
- Any flaw in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
- Any matters relating to Premium Services however arising, including negligence.
- Statements or conduct of any User of the Site; or
- In spite of above provisions, the cumulative liability of Eworldtradefair.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Use for all claims arising from the use of the Site or the Eworldtradefair.com service shall be limited to the greater of (a) fees amount that User pays to Eworldtradefair.com or its affiliates in the 12 months prior to the action giving rise to liability and (b). The previous condemnation shall not prohibit the requirement by the User to prove actual damages. All claims arising from the use of the Site or the Eworldtradefair.com service must be filed within one year from the date the cause of action arose.
8Intellectual Property Rights
- The sole owner of all the rights to the Site and the Eworldtradefair Content is Eworldtradefair.com. The Content on Eworldtradefair.com symbolizes trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the Site and Eworldtradefair.com Content shall linger with Eworldtradefair.com, its affiliates or licensors of the Eworldtradefair.com Content, as the case may be. All rights not otherwise claimed under this Agreement or by Eworldtradefair.com are hereby reserved.
9Notice
- All notices or demands to or upon a User provided by the User to Eworldtradefair.com shall be effective if either by posting such notice or demand on an area of the Site that is publicly accessible without a charge, or delivered personally, sent by courier, certified mail, by fax or email to the last-known correspondence, fax or email address. Notice to a User shall be deemed to be received by such User if and when :-
- Eworldtradefair.com is capable to demonstrate that message has been sent to such User, whether in physical or electronic form, or
- After Eworldtradefair.com's immediate posting such notice on an area of the Site that is openly accessible without charge.
10General
- This Agreement and the Privacy Policy constitute the entire agreement between the User and Eworldtradefair.com with respect to and govern the use of the Site, subject to any additional agreements relating to Premium Services, and overruling any prior written or oral agreements in relation to the similar subject matter herein.
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or produced by this Agreement. Both Eworldtradefair.com and the User are independent contractors.
- The outstanding provisions of this agreement shall be enforced and if any provision is held to be invalid or unenforceable, such provision shall be struck.
- Headings no way define, limit, construe or describe the scope or degree of such section and are for indicative only.
- Eworldtradefair.com's failure with respect to any breach by a User under this Agreement to enforce any right or failure to act will not waive that right nor waives Eworldtradefair.com's right to act with respect with consequent or alike breaches.
- All rights are assigned to Eworldtradefair.com in this Agreement including all of its titles, benefits, interests, and obligations and duties in this Agreement as well as in any agreement relating to Premium Services to any person or entity (including any affiliates of Eworldtradefair.com). The User may not assign, in whole or part, this Agreement to any individual or entity.
- IPC laws shall govern this agreement without regard to its conflict of law provisions and the parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of India.
11Buyers and Suppliers Transactions
-
An electronic web-based platform for exchanging information between buyers and suppliers of products and services is provided by Eworldtradefair.com. No commissions are charged by Eworldtradefair.com for completing any transactions as well as do not represent the seller or the buyer in specific transactions. Consequently, Eworldtradefair.com 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 procurement.
- We advice the Members to stay aware from the risk of dealing with people acting under forged pretences. Although several techniques are used by Eworldtradefair.com to verify the accuracy of the information our users provide us, when registering on the Site. However, because user verification on the Internet is difficult, Eworldtradefair.com cannot and does not confirm each User's purported identity (including, without limitation, (including, without limitation Silver, Gold and Platinum Suppliers). You are advised to use the various tools offered on the Site plus common sense, to evaluate with whom you are dealing.
- It is acknowledged by each member that all risks of purchase and sale transactions when using the Site to conduct transactions, 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 are fully assumed by it. Such risks shall include misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, impediment or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents, but are not limited to it. Each member agrees that for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a consequence of or in connection with any Transaction Risks, Eworldtradefair.com shall not be answerable or 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, fees, taxes, insurance, title, licenses, fines, permits, handling, transportation and storage, members are fully and wholly responsible.
- The member agrees to release and indemnify Eworldtradefair.com (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 association with such transaction, in case it has a dispute with any party over a transaction.
|