This Terms and Conditions Agreement (the "Agreement") describes the terms and conditions
applicable to your use of the Sinoimex.com Site, which is identified by the uniform
resource locator sinoimex.sinoimex.com (the "Site"). The Site provides a variety of services
subject to the following Terms and Conditions. Please read these Terms and Conditions
carefully.
1. Acceptance
1.1 By accessing or using the Site, you hereby agree, without limitation or qualification,
to accept the terms and conditions set forth in this Agreement as a User. You shall
be bound by the terms and conditions of this Agreement with respect to your access
or use of this Site and any further upgrade, modification, addition or change to
this Site. If you do not accept all of the terms and conditions of this Agreement,
please do not use this Site.
1.2 Sinoimex.com reserves all the rights and authorities to amend and update this
Agreement at anytime, without prior notice, by posting the amended and restated
Agreement on the Site. The amended and restated Agreement is effective immediately
upon posting, and your continued use of the Site shall be deemed to be acceptance
of the amended terms.
1.3 Unless otherwise stated, new services or functions launched by Sinoimex.com
shall be subject to this Agreement.
1.4 This Agreement may not otherwise be modified, except in writing by an authorized
officer of Sinoimex.com.
2. Defined Terms
The definitions appearing herein below shall have the meanings as set forth below:
2.1 "Agreement" means the terms and conditions stated herein.
2.2 "Site" means Sinoimex.com and includes any link which opens with the site.
2.3 "User" is any person who accesses the Site for whatever purpose, regardless
of whether this User is just browsing the Site without registration, registers with
Sinoimex.com as a free member or is a paid member. A User is considered as a "Member"
after completing registration process. A User includes a person or a legal entity
which may be represented by this person under actual or apparent authority using
this Site.
2.4 "Banner" means a service offered by Sinoimex.com to a user wherein a graphic
image is placed on the Site and used to advertise the product(s) and/or service(s)
of the user.
2.5 "On-line Sinoimex Store" is a platform wherein a User can showcase product(s)
or service(s) on-line by posting on the Site the photographs, words, ordering information
of such product(s) and/or service(s).
2.6 "Trade Lead" is a service provided to a User wherein a User posts information
or seek for information about a particular product and/or service that User wishes
to sell or buy on the Site.
3. Users
3.1 The Users of this Site shall be persons or business entities which can form
legally binding contracts under applicable law. If you are not eligible, please
do not use this Site. The Site reserves the right to terminate the User and may
refuse to provide the User with access to the Site if Sinoimex.com discovers that
the User is not qualified.
3.2 Users are solely responsible for maintaining the confidentiality of their Member
IDs and Passwords, and are fully responsible for all activities that occur under
the Member IDs and Passwords. Users agree to immediately notify Sinoimex.com of
any unauthorized use of their Member IDs or Passwords or any other breach of security,
and ensure proper exits of the website at the end of each session. Sinoimex.com
cannot and will not be liable for any loss or damage arising from Users' failure
to comply with this Agreement.
3.3 Users may use this Site solely for their own personal or internal purposes.
We urge that Users read Sinoimex.com's Copyright Notice and Privacy Policy. Each
User hereby is well aware of Copyright Notice and accepts the Privacy Policy and
any update and amendment thereto.
4. Right and Liability
4.1 Users acknowledge and agree that Sinoimex.com may terminate your access to the
Site or usage of any of the features, products and services provided by Sinoimex.com,
should you fail to comply with the Agreement. Any such termination shall be in Sinoimex.com's
sole discretion and may occur without prior notice or any notice.
4.2 Sinoimex.com reserves the right to deny or terminate any User's access to the
Site or to any of the products and services provided, for any conduct that in its
sole discretion Sinoimex.com believes is or may be directly or indirectly harmful
to other Users, to Sinoimex.com or its subsidiaries, affiliates or business contractors
or to other third parties or for any conduct that violates any local or international
laws or regulations.
4.3 Access to the Site and access/usage of certain features of the Site are provided
to all Users free of charge. Access or usage of certain features, products and services
of the Site are provided to paid members. However, Sinoimex.com reserves the right
to limit, deny or create different access(es) to the Site and its features with
respect to different User types, without any or prior notice.
4.4 Sinoimex.com also reserves the right, without prior notice or any notice, to
change any of the features, products and services or introduce new features, products
and services of this Site.
4.5 Sinoimex.com provides an electronic web-based platform for exchanging information
between buyers and sellers of goods and services. The Site acts as a venue for users
to locate buyers/sellers to negotiate and to trade with. However, Sinoiemx.com is
not involved in any actual transactions between trade parties. The Site does not
represent the seller or the buyer in any transactions and does not charge any commissions
from the parties of transactions. Therefore, Sinoimex.com has no control over and
is not responsible for the quality, safety, availability or legality of the provider's
items, the traders' information and their abilities of to fulfill their obligation
in trade agreements. In the event that any user has a dispute with any party to
a transaction, the User releases and agrees to indemnify Sinoimex.com from all claims,
costs, expenses, demands and damages, actual and consequential, of every kind and
nature, known and unknown, suspected and unsuspected, disclosed, arising out of
or in any way connected with such disputes. Users are solely responsible for all
of the transactions conducted on, through or as a result of use of the Site, including,
without limitation, terms regarding payment, returns, warranties, shipping, insurance,
fees, taxes, licenses, fines, handling, transportation and storage.
4.6 Users shall not submit information on the Site which contains 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 personal
information.Sinoimex.com reserves the right to terminate the User's access to the
Site, pursue legal liability and claim compensations.
5. Third Parties and Content
5.1 User acknowledges and agrees that some of the content like data, files,
texts, graphics, photos, videos, logos, banners, advertising materials and other
content materials, displayed on this Site is provided or posted by third parties
or other Users. Any content provided or posted by third parties or other Users,
whether publicly posted or privately transmitted, is the sole responsibility of
the party or the person from which such content originated. In other words, User,
and not Sinoimex.com, is entirely responsible for all content that he/she uploads,
posts, emails or otherwise transmits via the features and services provided by Sinoimex.com.
5.2 Sinoimex.com does not control the user or third party content posted via the
Site. As such Sinoimex.com is not responsible for and does not guarantee the accuracy,
integrity, quality, propriety, or lawfulness of any third party or User content,
and shall not be liable to any User in connection with such User's reliance of such
third party content. In addition, Sinoimex.com is not responsible for the conduct
of any User's activities on the Site, and shall not be liable to any person in connection
with any damage suffered by any person as a result of such User's conduct. As a
general condition, although Sinoimex.com reserves the right to do so, Sinoimex.com
does not pre-screen user or third party content posted on this Site.Sinoimex.com
does not guarantee that any screening will be done to your satisfaction or that
any screening will be done at all. Sinoimex.com reserves the right to monitor some,
all, or no areas of the features, products and services for adherence to these Terms
and Conditions.
5.3 The Site may contain hyperlinks in the form of words, images, banners or otherwise,
to access to other websites that are controlled by parties other thank Sinoimex.com.
Users must be aware that Sinoimex.com is not responsible for everything of such
other websites, even when said website is accessed through a link from the Sinoimex.com.
Sinoimex.com does not control these websites, does not monitor such sites and bears
no responsibility or liability for, nor should Sinoimex.com be deemed in any way
to endorse or approve of, the contents, products, services, and information on the
linked website. Sinoimex.com encourages Users to read such sites' Terms of Use and
Privacy Policies before using such sites.
6. Waiver and Severability
The failure of Sinoimex.com to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision. If any
provision of this Agreement is found to be invalid and/or determined to be invalid
or unenforceable, in whole or in part, by a court of competent jurisdiction, the
Parties agree that the Court shall endeavor to give effect to the Parties' intentions
as reflected in the provision, and all the other provisions of this Agreement shall
remain in full force and effect.
7. Liability Disclaimer
7.1 IN NO EVENT WILL SINOIMEX.COM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT
OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ANY OTHER HYPERLINKED
WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE.
7.2 INFORMATION, FEATURES, PRODUCTS AND SERVICES ON SINOIMEX.COM SITE IS PROVIDED
ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS,
CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
7.3 Users must be aware that messages or information sent by other Users through
communication systems, emails, fax or letters is out of Sinoimex.com's control and
monitoring ability and so Users acknowledge that Sinoimex.com shall not be held
responsible or liable for the contents of the messages and information. The information
sender shall be responsible for the contents of all the information communicated,
as well as the consequences of any such message.
7.4 Users acknowledge and agree that by using the features, products and services
provided in this Site, a user may be exposed to content that is offensive, indecent
or objectionable. Under no circumstances will Sinoimex.com be liable in any way
for any user or third party content, including, but not limited to, for any errors
or omissions in any such content, or for any loss or damage of any kind incurred
as a result of the use of any such content posted, emailed or otherwise transmitted
via the features, products and services provided by the Site.
7.5 User, by accepting these Terms and Conditions, acknowledges that in no event
shall Sinoimex.com be liable to the Users or any third parties for any inability
to use the Site, whether due to disruption, limited access, changes to or termination
of any features on the Site or otherwise, and for any delays, errors or omissions
with respect to any communications or transmission, or any damage arising from the
use of the Site.Sinoimex.com can not be held responsible also for the inability
of the User to use the Site or any of its features.
7.6 Any material downloaded or otherwise obtained through the Site is done at each
User's sole discretion and risk and each User is solely responsible for any damage
to its 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 any User
from Sinoimex.com or through or from the Site shall create any warranty not expressly
stated herein.
7.7 Under no circumstances shall Sinoimex.com be held liable for an 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, labor disputes,
riots, insurrections, civil disturbances, shortages of labor or materials, fires,
flood, storms, explosions, acts of God, war, governmental actions, orders of domestic
or foreign courts or tribunals or non-performance of third parties.
8. Indemnity
The User hereby agrees to indemnify and hold Sinoimex.com and its subsidiaries,
affiliates, joint-ventures, executives, directors, agents, and employees, harmless
from any claim or demand, including legal expenses and the expenses of other professionals,
made by any third party due to or arising out of the User's breach or violation
of this Agreement or the documents it incorporates by reference, or violation of
any law or of the rights of a third party and/or any dispute(s), claim(s), litigation
or other civil or criminal proceeding between a User and another User/third party
transacting on this Site or using the Services.
9. Notice
Except as explicitly stated otherwise, all notices to Sinoimex.com shall be given
by postal mail to Sinoimex.com, Building 7, No.1 North Section of Digital Road, Dalian Hi-tech Industrial Zone, China. 116023, P.R.C.
Attn: legal.dept
All notices to the Users shall be effective if either delivered personally, sent
by courier, certified mail, by facsimile or email to the last-known correspondence,
fax or email address provided by the User to Sinoimex.com, or by posting such notice
on an area of the Site that is publicly accessible without a charge. Notice to a
User shall be deemed to be received by such User if and when,
9.1 Sinoimex.com is able to demonstrate that communication, whether in physical
or electronic form, has been sent to such User. For example, Notice shall be deemed
given 24 hours after email is sent, unless the sending party is notified that the
email address is invalid, and notice shall be deemed given three days after the
date of mailing.
9.2 Immediately upon Sinoimex.com's posting such notice on an area of the Site that
is publicly accessible without charge.
10. Governing Laws and Disputes
This Terms and Conditions Agreement and your use of the Site shall be governed by
and construed in accordance with the laws of People's Republic of China. This will
not prevent Sinoimex.com from pursuing a claim for breach of contract, copyright
infringement or otherwise in respect of this Agreement and the Services in any other
jurisdiction throughout the world.
(Last Updated on 22.12.2010)