| EXIMTURKEY.COM Terms of Use Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
Agreement Detail:
The following Terms and Conditions govern the relationship between eximturkey.com Limited ("eximturkey.com") and all Members and the use of the web site provided by eximturkey.com located on the internet at www.eximturkey.com (the "Site"). eximturkey.com reserves the right to amend and/or supplement these Terms and Conditions from time to time as it may deem appropriate
1. Membership
Three classes of Membership are available under the site: Bronze Member Silver Member and Gold Member. Eximturkey.com will reserve the right to determine the accessibility of the services provided for each group of members.
2. Site Access; Use of Passwords; Authorized Persons
Access to the Site is through a combination of a unique user identity, company identity and user individual password (collectively, "Passwords"). Each Member shall keep its Passwords strictly confidential and shall not allow and/or permit any of them to be used by third parties. Each Member shall promptly notify eximturkey.com of any unauthorized use or loss of its Password or any other breach of security.
Each Member shall provide eximturkey.com with a list of persons ("Authorized Persons") who are authorized to represent it in taking part in the listing and RFQ maintenance. The Member may update the list of Authorized Persons and so inform eximturkey.com from time to time. No transaction will be validated unless the Passwords of the relevant Authorized Person are used.
3. Information Posted on the Site
All Members are allowed to post information on the Site provided that they shall bear all responsibility and liability for all information so posted. eximturkey.com shall have no obligation to monitor and/or scan through the contents and/or the information as the Members may post on the Site. Notwithstanding the foregoing, eximturkey.com reserves the right to remove and/or take such other action, as it may deem appropriate with respect to such information in its sole discretion. All information posted on the Site must comply with the Member Conduct Rules (see above) posted on the Site, as amended by eximturkey.com from time to time.
4. Trading on the Site - Limited Role of eximturkey.com
EXIMTURKEY.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AS TO (i) THE IDENTITY OR RELIABILITY OF ANY BUYER OR SELLER OF PRODUCTS, (ii) THE QUALITY OF THE PRODUCTS/QUOTATION OR (iii) THE ABILITY OF EITHER THE SELLER OR THE BUYER TO SELL, BUY OR TO COMPLETE THE SALE AND PURCHASE OF PRODUCTS THROUGH THE SITE. Members are advised to set up their own guidelines and criteria to determine the companies with which they wish to do business, and eximturkey.com assumes no responsibility whatsoever in relation to the sale and purchase of Products between the Members on the Site.
It is understood that eximturkey.com is not involved in the actual sale and purchase of Products between Members and has no knowledge or control as to the truth or accuracy of postings or the ability of Sellers to sell or Buyers to buy Products on the Site. Each Member agrees that eximturkey.com, its agents and employees shall be released from all Damages (as defined below) arising out of or in any way connected with any dispute between Members as to the purchase or sale of Products. eximturkey.com shall have the right, and is hereby expressly authorized, to release to any Member any records, information or evidence relating to any transaction involving such Member made on the Site, without any liability on eximturkey.com's part to any party to such transaction or any other person.
5. Transaction Rules
Any Member offering Products for sale or request for quotation or responding to an inquiry for purchase of Products (a "Seller") and any Member responding to an offer to sell Products or posting an inquiry for purchase of Products (a "Buyer") and every transaction between Buyers and Sellers on the Site are subject to the Transaction Rules (see above) which may be changed by eximturkey.com from time to time.
6. Value Added Services
Eximturkey.com may from time to time nominate and make available to Members certain banks, insurance companies, shippers and other service providers (collectively, "Value Added Providers") to provide value added services to Members in connection with buying and selling Products and related transactions on the Site ("Value Added Services"). Each Member acknowledges and confirms that: (i) eximturkey.com is not the provider of Value Added Services; (ii) the Value Added Providers are independent contractors which have their own rules, policies and practices in providing the Value Added Services; and (iii) no warranty is or will be given by eximturkey.com as to, and eximturkey.com shall have no liability in respect of:
a) The quality of Value Added Services;
b) The ability of Value Added Providers to provide the Value Added Services;
c) The creditworthiness of Value Added Providers;
d) The accuracy, truth, reliability or reasonableness of any information that Value Added Providers may post on the Site or otherwise provide concerning the Value Added Services;
e) The terms and conditions of the Value Added Services; or
f) Whether the Value Added Providers are able to or will complete the Value Added Services for Members as agreed between them.
7. Intellectual Property
Each Member acknowledges and agrees that all data developed or collected by eximturkey.com in connection with the operation of the Site and the transactions conducted thereon shall be the exclusive property of eximturkey.com. All third party content published or posted by eximturkey.com on the Site is the property of the respective copyright owners and no Member is permitted to copy and/or distribute such contents for commercial purposes. Any Member copying or distributing third party content shall be liable for all legal consequences and eximturkey.com shall have no responsibility therefore. To enable eximturkey.com to use such information as the Members may provide and data developed or collected by eximturkey.com in connection with the operation of the Site and the transactions conducted thereon, each Member grants to eximturkey.com a non-exclusive, worldwide, perpetual, irrevocable royalty-free right to exercise the Member's copyright and publicity right in any information so provided as the Member shall have in any media now known or later developed.
8. Use of Data
Each Member confirms that it has reviewed and accepted the terms contained in eximturkey.com Members Privacy Policy (see above).
For the purposes of any applicable privacy law, each Member hereby consents to eximturkey.com's use of any data supplied by it for eximturkey.com's own internal use, administration, audit, security, debt recovery and direct marketing purposes, to eximturkey.com's supplying such data to other group members of eximturkey.com, the Value Added Providers or selected third parties to use for such purposes, and to eximturkey.com's supplying such data to such third parties as may be necessary for its business. Each Member consents to any such data being transferred to another jurisdiction outside Hong Kong that may not have similar laws and legislation protecting such data.
9. Termination of Membership
Either eximturkey.com or a Member may terminate the Member's Membership at any time, effective immediately upon notice to the other party. Neither party shall have any liability of any kind for any consequences of such termination. Upon termination of its Membership, a Member and its Authorized Persons will lose the right to sell and purchase Products on the Site, except for any outstanding binding transactions to which such Member is a party as of the termination of its Membership, which shall be completed through the Site. Upon termination of its Membership.İn any conditions,when the concord ended,eximturkey.com won’t pay any money back to its members.
10. Indemnification
Each Member agrees that it will indemnify, defend and hold eximturkey.com, its officers, directors, employees and agents (collectively "Indemnified Parties") harmless from and against any and all Damages (as defined below) incurred by any of the Indemnified Parties in connection with any claims arising out of, based upon or resulting from any breach by such Member of these Terms and Conditions or any applicable law, any use by the Member of the Site or any dispute with another Member and/or any Value Added Provider or any other party. eximturkey.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by such Member, and such Member shall not in any event settle or otherwise dispose of any matter without the prior written consent of eximturkey.com.
11. Disclaimer of Warranties
EXIMTURKEY.COM PROVIDES THE SITE AND THE CONTENT ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND EXIMTURKEY.COM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT. EXIMTURKEY.COM DOES NOT WARRANT THAT THE SITE OR THE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. EXIMTURKEY.COM MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL MEET MEMBERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT ANY POSTED PRODUCTS WILL BE PURCHASED OR SOLD. IF A MEMBER IS DISSATISFIED WITH THE SITE, THE CONTENT OR ANY SERVICES ON THE SITE, ITS SOLE REMEDY SHALL BE TO DISCONTINUE USING THE SITE. EXIMTURKEY.COM MAKES NO WARRANTY REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY MEMBER FROM EXIMTURKEY.COM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. EACH MEMBER AGREES AND ACKNOWLEDGES THAT THE USE OF THE SITE IS AT MEMBER'S SOLE RISK.
For the avoidance of doubt and without limitation to the foregoing, eximturkey.com makes no warranty that economic reporting, information, material or data contained on the Site, or on any hyperlinks from the Site, is accurate, reliable or up to date, and shall have no responsibility for any Damages (as defined below) arising directly or indirectly from reliance thereon.
12. Limitation of Liability
EXIMTURKEY.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, INCLUDING THE LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES EVEN IF EXIMTURKEY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ANY COSTS ARISING THEREFROM (COLLECTIVELY, "DAMAGES").
For the avoidance of doubt and without limitation to the foregoing, each Member agrees that neither eximturkey.com nor any officer, affiliate, director, shareholder, agent or employee of eximturkey.com shall be liable to such Member or any third party for Damages resulting directly or indirectly from or otherwise arising from or in connection with any of the following:
a) The termination of such Member's membership by eximturkey.com whether with or without cause under the terms hereof;
b) The interruption, suspension or termination of the Site for whatever reason;
c) The use of the Site and the Content by such Member, including Damages resulting from or arising from such Member's reliance on the Site or any mistakes, omissions, errors, defects or delays in operation, non-deliveries, mis-deliveries, or any failure of performance on the Site;
d) Any unauthorized party's obtaining and/or using a Member's Passwords, and any reliance by eximturkey.com on the list of Authorized Persons provided to eximturkey.com and on the actions taken and the representations made (or purporting to be taken and
made) by such Authorized Persons using the appropriate Passwords;
e) Any allegation, suit, claim or other proceeding based upon a contention that the use of the Site and the Content by such Member or a third party infringes the copyright, patent, trademark, trade secret, privacy, confidentiality or other intellectual property
rights or contractual rights of any third party;
f) Any information posted on the Site or on any hyperlink from the Site being incorrect, untrue, misleading or forged;
g) The failure or alleged failure of any Product purchased to conform to any specifications or terms;
h) the breach or alleged breach of any warranty, express or implied, or any other breach of covenant or failure of performance by any party relating to any Product purchased or sold; or
i) Government restrictions, strikes, war, any natural disaster or force majeure, default or failure to perform by eximturkey.com's contractors or suppliers, or any other condition beyond eximturkey.com's control.
13. Governing Law
Each Member agrees that any controversy or claim arising out of or relating to these Terms and Conditions and the relationship between eximturkey.com and the Members shall be submitted to the exclusive jurisdiction of the courts located within the country(s) mentioned above. For the purpose of this clause, each of the Members waives any objection to proceedings in any such courts on the ground that the proceedings have been brought in an inconvenient forum. The submission by each Member to the jurisdiction of the courts of the respected country(s) herein shall not affect the right of eximturkey.com to take proceedings in any other jurisdiction nor shall the taking of proceedings in one jurisdiction preclude eximturkey.com from taking proceedings in any other jurisdiction.
14. Miscellaneous Provisions
Submissions. Any comments, feedback, ideas, suggestions, information, know-how, material, or any other submissions disclosed or offered by Members to eximturkey.com using the Site or otherwise (collectively, "Submissions") are not confidential and shall become and remain the property of eximturkey.com. Any such Submissions shall be deemed to include a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license for eximturkey.com to publish, reproduce, distribute, copy, use, create derivative works, display (in whole or part) or otherwise act on such Submissions without additional approval or consideration, in any media now known or later developed for the full term of any rights that may exist in such Submissions.
Taxes. eximturkey.com assumes no responsibility to calculate, report or remit sales or use taxes which may be assessed, due or owing to the taxing authorities of any jurisdiction for transactions that arise in connection with the Member's use of the Site.
Notices. Except as explicitly stated otherwise, notices shall be given in the case of eximturkey.com, by e-mail to info@eximturkey.com, the attention of Customer Services Support, eximturkey.com, or, in the case of a Member, by e-mail, or delivery to the Member's e-mail address, (as provided by the Member to eximturkey.com during the registration process or as later notified by the Member). Notice shall be deemed effective 24 hours after an e-mail or sent, or, in the case of mailing or delivery, one day after the date of receipt.
No Waiver. The failure by eximturkey.com to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision.
Limitation of Actions. Each Member agrees that any cause of action arising out of or related to the Site or these Terms and Conditions must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.
Entire Agreement. These Terms and Conditions, as amended or supplemented by eximturkey.com from time to time, comprise the entire agreement between Member and eximturkey.com and supersede all prior agreements between the parties regarding the subject matter contained herein.
Survival. All provisions in these Terms and Conditions regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of a Member's Membership.
Relationship. The relationship between the Members and eximturkey.com is that of independent contractors. Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employer-employee or franchiser-franchisee between eximturkey.com and any Member (whether it is a Buyer or Seller).
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