PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
The following demonstrates terms and conditions of use (here-in-after referred to as an "Agreement"), applicable to your use of WeInTrade.com (hereinafter referred to as "web site"), which promotes business between suppliers and buyers globally. It is an agreement between you as the user(s) of the web site (the "User(s)") and WeInTrade.com (hereinafter referred to as "WeInTrade").
Before you subscribe to and/or begin participating in or using web site, WeInTrade believes that user(s) have fully read, understood and accept the agreement.
If you do not agree to or wish to be bound by agreement, you may not access or otherwise use the web site.
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes.
This agreement applies to all WeInTrade services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
II. WeInTrade.com IS A VENUE/PLATFORM
Web site acts as a mere venue/platform for our members to negotiate/interact for buying, selling, Promoting and other business services by way of locating companies to trade with, through our on-line exchange.
We do not take part in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the members only. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between WeInTrade and other party.
III. USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization that legally operates in China or in other countries, uses and has the right to use the services provided by WeInTrade. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. If you do not qualify, please do not use the Service.
WeInTrade advises its users that while accessing the web site, they must follow/abide by the related laws. WeInTrade is not responsible for the possible consequences caused by your behavior during use of web site. WeInTrade may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of web site.
In joining or becoming a member of WeInTrade.com, you hereby agree to: (a) provide true, accurate, current and complete information about yourself (such as identification, contact details and etc.) in the "JOIN FREE" application form (such information being the "Registration Content"), or as part of your continued use of the Service and (b) maintain and promptly update the Registration Content to keep it true, accurate, current and complete.
If you represent a business entity registered on WeInTrade.com, you promise that you have the authority to bind the entity to this Agreement.
If you provide any information that is untrue, inaccurate, not current or incomplete, or WeInTrade.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WeInTrade.com reserves the right at its sole discretion to suspend or terminate your Service without any prior notice to you.
You are solely responsible for maintaining the confidentiality of your Member ID and Password, and are fully responsible for all activities that occur under your Member ID and Password. You agree to (a) immediately notify WeInTrade of any unauthorized use of your Member ID or Password or any other breach of its security, and (b) ensure that you properly exit the website at the end of each session. WeInTrade cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement. WeInTrade does not have the duty for your damages causing by force majeure, such as attacks, any interrupts, or malfunction.
You agree to use the Service only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or guideline in the relevant jurisdictions.
You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by WeInTrade.com.
You agree that you are solely responsible for (and that WeInTrade.com has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which WeInTrade.com may suffer) of any such breach.
WeInTrade.com will send or serve any notice or document to your email address (and you agree that when you modify the original email address submitted during the registration process and it is accepted by WeInTrade.com, the new email address will be prevail). If the notice or document arrives at your email system (or the circumstances justify the assumption that the service has been made), the service shall be deemed completed.
WeInTrade.com is entitled to send all kinds of business information relating WeInTrade.com's services by the contacting you have provided (Including e-mail, mobile phone messages, etc.). You must send a written notice to us if you refuse to continue to receive the business information.
V. Information collection
Only registered members can provide, post, send, publish or submit (also referred to as "provide") information (such as files, photographs, videos or other images about person and/or entity, products, services, offers, etc.) on WeInTrade.com. WeInTrade reserves the right (but shall have no obligation) to filter, modify, select and/or delete any or all information it deems inappropriate. Every member is solely & legally responsible for (and that WeInTrade has no responsibility to you or to any third party for) the accuracy, completeness, integrity, timeliness, correctness and non-infringement of the information that you create, display, transmit or provide while using the Service and for the consequences of your actions (including any loss or damage which WeInTrade may suffer) by doing so.
Each Member acknowledges and warrants that information provided to WeInTrade.com shall not (a) be obscene, contain, infer any pornography, sex-related merchandising, any other content, otherwise promotes explicit sexual materials or is otherwise harmful to people, (b) be defamatory, libelous, unlawfully threatening or unlawfully harassing, (c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (d) infringe or otherwise abet, encourage the infringement ,be in violation of any third party's copyright, patent, trademarks, trade secrets or other proprietary rights, rights of publicity or privacy, or any other Third Party Rights, and (e) be restricted or prohibited by law.
Though WeInTrade makes great effort to confirm the information provided, WeInTrade does not guarantee & is not legally responsible for the accuracy, integrity, quality & non-infringement of such information.
WeInTrade collects information about persons/companies, products & offers, and builds its own database. WeInTrade holds copyright over all related information and web designs. Any unauthorized copying or commercial use of content obtained from WeInTrade.com is strictly prohibited, and WeInTrade reserves right to take legal action in the case of such activity.
VI. AMENDMENT TO USER(S) AGREEMENT
WeInTrade may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.
VII. INTELLECTUAL PROPERTY RIGHTS
You agree and understand that:
(a) The contents of the Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons, are the sole property of WeInTrade or its licensors. All intellectual property in and to the Website and its contents and functionalities shall vest solely with WeInTrade or its licensors.
(c) To the extent required, You grant to WeInTrade a non-exclusive, royalty free, worldwide, transferable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of your intellectual property which You have provided to WeInTrade (including the Website).
(d) You have no right to make any copies of the whole or part of the Website or any of the contents therein.
(e) You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Website save for any User Information that belongs to you.
(f) You have no right to use any search mechanisms other than that provided on the Website and you will not use any web-crawler or any data harvesting tools to harvest data of any sort from the Website.
VIII. LINKS TO THIRD PARTY SITES
Links to third party sites are provided by web site as a convenience to user(s) and WeInTrade has not have any control over such sites i.e. content and resources provided by them.
WeInTrade may allow user(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. WeInTrade believes that user(s) acknowledge that WeInTrade has no control over such third party's site, does not monitor such sites, and WeInTrade shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
Most content and some of the features on the web site are made available to visitors free of charge. However, WeInTrade reserves the right to terminate access to certain areas or features of the web site (to paying or registered users) at any time for any reason, with or without notice. WeInTrade also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of WeInTrade and/or other visitors to the web site. WeInTrade reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
WeInTrade withholds the right to temporary or permanent termination of membership of any user for any of the following reasons:
(a) If it concludes that the user(s) have provided any false information in connection with the member account to WeInTrade, or are engaged in fraudulent or illegal activities.
(b) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of web site.
(c) Utilize web site to send spam messages or repeatedly publish the same product information.
(d) Post any material to members that is not related to international trade or business cooperation.
(e) Impersonate or unlawfully use another companies name to post information or conduct business of any form
(f) any unauthorized access, use, modification, or control of the web site data base, network or related services.
(g) Obtain by any means web site member's user name and/or password.
If WeInTrade terminates user(s) membership, user(s) will not have the right to re-enroll or join WeInTrade under a new account or name unless formally invited to do so by WeInTrade. In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the web site wholly or partially for whatever reason may have adverse effect on its business. User(s) hereby agree that in no event shall the web site be liable to the user(s) or any third parties for any inability to use the web site (whether due to disruption, limited access, changes to or termination of any features on the web site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the web site or any of its features.
X. DATA PROTECTION
XI. INTERACTION BETWEEN USERS
WeInTrade provides an on-line platform for exchanging information between buyers and suppliers of products and services. Web site does not represent the seller or the buyer in specific transactions. Web site does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the web site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses. Web site uses several techniques (such as Verification) to verify the accuracy and authenticity of the information our user(s) provide us. However, since it is not possible in all cases and is not 100% fool-proof, WeInTrade cannot and does not confirm each user(s) purported identity (including, without limitation, Verified Members). WeInTrade encourages user(s) to use various tools available on the web site and otherwise, as well as common sense, to evaluate the user(s) with whom they would like to deal with.
User(s) acknowledge that user(s) fully assume the risks of purchase and sale transactions when using the web site to conduct transactions, and that user(s) fully assume 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 web site.
Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by user(s) of the web site as a result of purchase and sale transactions in connection with using the web 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".
User(s) agree that WeInTrade shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the web site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, user(s) agrees to release and indemnify WeInTrade (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. User(s) may use the content/features on web site solely for their personal or internal purposes. User(s) agree that they will not use WeInTrade database and/or services to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, user(s) will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
WeInTrade reserves the right to add/modify/discontinue any of the features offered with a service.
The interpretation and application of this Agreement, as well as disputes relating to this Agreement, shall be dealt with in accordance with the laws of People's Republic of China. Each party shall apply to Beijing People's Court which holds the jurisdiction on the disputes.