AfricanTrade.com Information Center |
|
Terms and Conditions
Welcome to AfricanTrade.com’s Agreement (the "Agreement"). This agreement sets forth the terms and conditions on which AfricanTrade.com offers access to its services. Featuring herein are tools for trading and communicating in a global business to business e-market place (the "Service").
PLEASE READ THIS AGREEMENT CAREFULLY!
Before you subscribe to and/or begin participating in or using the site, AfricanTrade.com requires that you read and accept the AfricanTrade.com user agreement ("agreement"). We believe that you, as a user, have fully read and understood the following terms and conditions before using AfricanTrade.com services, and that you accept and agree to the terms and conditions stated herein as applied to your use of the site. If you do not agree to or accept all the terms of this agreement, you may not access or otherwise use this website.
AfricanTrade.com at its sole discretion may at any point of time amend this agreement by posting the new or amended terms on our Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changed Agreement.
1. MEMBERSHIP
1.1 Membership Eligibility
Our Services are available only to those individuals or companies who can form legally binding contracts under U.S. laws. Therefore, you must not be a minor, i.e., you must be at least 18 yrs. of age to be eligible to use our services. One of the preliminary conditions of membership with our site is that you should have completed the information required on the Registration Form when you log on. If you feel at any stage that you do not qualify, kindly do not use our services. AfricanTrade.com may in its sole discretion refuse the services to any one at any point of time. The Services are not available to temporarily or indefinitely suspended AfricanTrade.com members. It is also understood that any individual accepting this agreement warrants or represents that he or she is authorized to accept it on behalf of the company or firm applying for membership and has the power to bind their company responsible for his/her acceptance.
1.2 Membership approval
Once you have accepted this agreement, your completed Registration Form shall be submitted to AfricanTrade.com. We shall then notify via E-mail if you/your company has been approved for membership or whether any additional information is required. It is at the sole discretion of AfricanTrade.com to refuse its services to any one at any time. We at AfricanTrade.com, while approving your membership, make no assertions regarding one member or another.
2) Fees
To become a member, registration can be done by filling in the Registration Form free of charge. On becoming a member, one can post unlimited number of trade offers (buy, sell, or biz.) or can respond online to those listed at AfricanTrade.com. Adding ones company to our Company Directory and bidding for a product on auction is also offered free of charge. For details on the commission we charge on the various transactions that you might carry out, please refer to Commissions. Various levels of paid memberships are also available allowing members to take full advantage of the many valuable services we offer. For detailed list of services and fees please refer to subscription types.
Our Fee Structure, incorporated into this agreement by reference may be amended from time to time. Unless otherwise stated, fees are quoted in US dollars. We may, however, at our discretion, temporarily change our fee policies for our services and such changes will be applicable with effect from the time when we post them onto the website.
3) AfricanTrade.com - MERELY A VENUE
AfricanTrade.com acts as merely a venue for our members to come together for buying and selling products and to locate companies to trade with, through our on-line trade platform. We do not take part in the actual transaction that takes place between the buyer and seller and hence are not a party to any contract for any sale/business deal negotiated between members/non-members. We are consequently not responsible for the quality, safety or legality of the items being traded or that of deals made through this online platform. This agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between AfricanTrade.com and any other party.
We cannot, and do not control suppliers and hence cannot promise if they will complete the sale of items they offer at our site or whether the Buyers will complete the purchase of items, that they agreed to purchase. Additionally, you face the risk of dealing with foreign nationals or people acting under false pretense. We have a feedback system designed to serve you best by periodically re-evaluating the Buyers and Sellers on our Site. However, no feedback is foolproof, and so we repeatedly ask you to act with due care and take all necessary precautions.
4) YOUR INFORMATION AND ITEMS FOR TRADE
"Your Information" includes any information you type/pass on when registering with us, or to others during negotiation or the trading process, in any public message area or through any E-mail feature. You are solely responsible for the information you forward. We merely act as an intermediary for the online distribution and publication of your information. We are, however, entitled to take whatever action we deem required with respect to your information as might be necessary or appropriate, if we at any point of time believe that it could create liabilities for us, our ISPs or any of our other members.
5) MEMBER OBLIGATION
When you register with us, you agree to provide and maintain true, accurate, current and complete information about yourself or company as prompted by the Registration Form.
If we, at AfricanTrade.com, at any stage detect any false information submitted by you, we have the sole discretion to suspend or terminate your registration and refuse any and all current or future use of the service (or any portion thereof).
6) USER NAME, PASSWORD AND SECURITY
While registering with us, you are required to select and enter a USER NAME and PASSWORD. You and you alone are solely responsible for maintaining the confidentiality of your User ID and Password for all the activities that occur under them. You agree to immediately notify AfricanTrade.com of any unauthorized use of either your USER NAME or your PASSWORD if you happen to know of it. You also agree not to disclose your password to any third party and agree to properly exit the web site at the end of each session.
INFORMATION RULES
You agree herewith that your information on AfricanTrade.com
a. will not be fraudulent or involve the sale of counterfeit or stolen items;
b. will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c. will not violate any law, statue, directive, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
d. will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
e. will not be obscene or child pornography, or should not offend any bodies sentiments.
f. will not contain any viruses, Trojan horses, worms, or any other programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
g. will not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement or you do not have a right to link or include.
7) RIGHTS YOU GIVE US You grant to us the non-exclusive worldwide, perpetual, irrevocable, royalty- free right (with the right to sublicense) 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 popular or later developed and used.
8) PRIVACY POLICY
Please make a note that since you voluntarily disclose your information at AfricanTrade.com trading areas, your information is collected and disseminated to buyers or sellers and may be used by others. AfricanTrade.com agrees not to share any of the information with the third parties not related to the Service. We, at AfricanTrade.com, take all the precautions necessary to protect your confidentiality and the information you disseminate to us, however unauthorized and indiscriminate disclosure of personal information online could result in unsolicited messages, for which AfricanTrade.com cannot be held responsible. Click here to view our detailed Privacy policy
9) TRADING AT
Buyers and Suppliers on AfricanTrade.com interact with each other, with or without the assistance of AfricanTrade.com personnel, by exchanging information, and, formulating offers and counteroffers. These offers constitute respective obligation for all parties involved, to complete the transaction and failure to do so will result in a claim for breach. You agree to negotiate in good faith and to comply with legal principles applicable to all contracts associated with the sale of goods. Acceptances and offers cannot be retraced from except under exceptional circumstances.
a) TRADE OFFERS: Posting an item for trade implies that you fully intend to sell the product. Similarly, posting a purchase offer implies that you fully intend to purchase the product.
b) TENDER LISTING: Posting a Tender implies that you fully intend to accept bids. Similarly, submitting a bid electronically implies that you fully intend to fulfill tender conditions.
c) AUCTIONS: Posting an item for Auction implies that you fully intend to sell the product. Similarly, submitting a bid implies that you fully intend to purchase the product.
b) TRANSACTION DISPUTES
In the event of a dispute between one or more users you shall not hold AfricanTrade.com, its affiliates, agents or employees responsible for any claims, demands and damages of any sort. Both trading parties submit to the jurisdiction of U.S. and further agree that any cause of action arising under this agreement shall be brought exclusively in any court in the U.S. Territory.
10) ALLIANCE PARTNERS
As a convenience to our subscribing members, AfricanTrade.com has identified various service partners that provide inspection, financial, shipping, insurance, and other services. AfricanTrade.com may, from time to time provide access to these services directly from its trade portal. You recognize and understand that any arrangement between a member and a service partner is solely between those parties and does not involve AfricanTrade.com in any way. We play no part in pricing decisions related to such services or in any negotiations between members and service partners relating to the provision of such services. AfricanTrade.com may, however, receive a fee from these service providers based on the provision of such services to members.
11) SYSTEM INTEGRITY
You hereby agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of AfricanTrade.com or any other trade transaction being conducted on our site. You may not take any action, which imposes an undue or disproportionate large load on our infrastructure.
12) TERMINATION
You hereby agree that AfricanTrade.com, in its sole discretion, could terminate your password, account (or any part thereof) or use of the service if it deems necessary. It could also remove and discard any or all of your information within the service for any reason. AfricanTrade.com may also, by way of its sole discretionary powers discontinue providing the service or any part thereof, with or without a prior notice. Further, you agree that AfricanTrade.com shall not be liable to you or any third party for any termination of your access to the Service. Paragraphs 15, 16, 17, and 20 shall survive any termination of this agreement
13) BREACH
If you breach this agreement or if we are unable to verify or authenticate any information you provide to us, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current listings, and any other information you might have placed on the site.
14) THE SERVICE IS PROVIDED "AS IS" WARRANTIES
Despite all the efforts we take to make your visit to our auction site convenient and a memorable one, we cannot unfortunately always foresee or anticipate technical snags, loss of data, service interruptions or other problems that might just happen once in a while. For this reason, you expressly understand and hereby agree that your use of the service is absolutely at your own risk. The service is provided on an "as is" and "as available" basis. AfricanTrade.com 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. AfricanTrade.com makes no warranty that -
1) the service will meet your requirements;
2) the service will be uninterrupted, timely, secure, or error free;
3) the results that may be obtained from the use of the service, including results or information provided by third-party sources, will be accurate or reliable; and
4) the quality of any products, services, information, or, services, information, or other material purchased or obtained by you through the service will meet your expectations.
5) 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 AfricanTrade.com or shall create any warranty not expressly stated in the agreement.
15) LIMITED LIABILITY
You expressly understand and agree that AfricanTrade.com 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 intangible losses (even if auction.AfricanTrade.com has been advised of the possibility of such damages), resulting from:
the use or the inability to use the service;
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;
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third party on the service; or
any other matter relating to the service.
16) INDEMNITY
You agree to indemnify and hold AfricanTrade.com and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including legal expenses of other professionals) made by a third party due to or arising out of your breach of this agreement, your information or your violation of any law or the rights of a third party.
17) ADVERTISING AND 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 hereby agree that AfricanTrade.com shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as the result of the presence of such advertisers on the service.
18) NOTICES
Except as explicitly stated otherwise, any notices shall be given at the e-mail address you are given at the time of registration or such other address as a party shall specify. Notice shall be deemed given twenty-four (24) hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to AfricanTrade.com during the registration process. In such a case, notice shall be deemed to be given three (3) days after the date of mailing.
19) MISCELLANEOUS
The Agreement constitutes the entire Agreement between you and AfricanTrade.com and governs your use of the Service, superceding any prior written or oral Agreements between you and AfricanTrade.com. The Agreement shall be governed in all respects by the laws of the U.S Territory. 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.
|
|
|
