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 AfricanTrade.com
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.
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