Saturday, June 9, 2007

A sample form for B2B Terms & Conditions!

Terms & Conditions

Welcome to the WhyMart.com, owned and operated by WhyMart.com Inc. Technology Co., Ltd.("WhyMart.com Inc.") and WhyMart.com providing both free and fee based services. The following demonstrates terms and conditions applicable to your use of WhyMart.com, which promotes business between Chinese suppliers and worldwide purchasers in a global B2B market. By using the information, services and products available through this website, you are agreeing to the terms and conditions (also "Agreement") contained herein.
1.ACCEPTANCE

By accessing WhyMart.com or using service provided by WhyMart.com, you acknowledge terms and conditions hereof and you agree that you will be bound by the terms and conditions contained in this Agreement. In addition, this Agreement may be updated by WhyMart.com Inc. from time to time without notice to you. You can always find the most recent version of the WhyMart.com Terms & Conditions at http://www.WhyMart.com/help/terms/. If you neglect to adhere to the changes, you must abandon using the service. The changed terms and conditions shall be valid as soon as posted on WhyMart.com. Your continuous use of the service will signify your acceptance of the changed terms. Unless explicitly stated otherwise, any new function that augments or enhances our service shall be subject to this Agreement. This Agreement may not be otherwise modified except in writing signed by an authorized officer of WhyMart.com Inc..
2.USERS

WhyMart.com is provided to individuals or companies who can form legally binding contracts under applicable law. If you do not qualify, please do not use the service. WhyMart.com Inc. is obligated to advise you that any user, during accessing WhyMart.com, must behave in accordance with applicable laws. WhyMart.com Inc. is not responsible for the possible consequence caused by your behavior during use of WhyMart.com. WhyMart.com 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 WhyMart.com.
3.REGISTRATION OBLIGATIONS

If you register in WhyMart.com, you agree to:
(a) provide true, accurate, current and complete information about yourself in the "JOIN NOW" application form (such information being the "Registration Content") and (b) maintain and promptly update the Registration Content to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WhyMart.com Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WhyMart.com Inc. reserves the right to suspend or terminate your member service.
4.MEMBER ID, PASSWORD AND SECURITY.

During the registration process, you will create a Member ID and Password. 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 WhyMart.com Inc. of any unauthorized use of your Member ID or Password or any other breach of security, and (b) ensure that you properly exit the website at the end of each session. WhyMart.com Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement.
5.INFORMATION COLLECTED BY WhyMart.com

In order to become a member of WhyMart.com, you must register and provide certain information about yourself. During your registration and your participation in certain features and services on our website, information such as your name, e-mail, messages and pictures, may be recorded in our database. When you request pages from our server, our web server automatically collects your information, including your IP address. This address is only used by computers on the network to send the requested pages to you.

Use, posting or dissemination of the following information is strictly prohibited:

1. Derogatory comments of any kind, in particular those relating to religious beliefs, ethnicity or sexual preferences.
2. The harassment, abuse, or threatening of other users
3. Any Infringement of registered trademark, copyright or patent.

Only registered members can post information on WhyMart.com. WhyMart.com Inc. reserves the right to select and delete information it deems inappropriate. Every member is solely & legally responsible for the accuracy, completeness, integrity, timeliness, correctness and non-infringement of the information provided. Though WhyMart.com Inc. makes great effort to confirm the information provided, WhyMart.com Inc. does not guarantee & legally responsible for the accuracy, integrity, quality & non-infringement of such information. WhyMart.com Inc. collects information about companies, products & offers, and builds its own database. WhyMart.com Inc. holds copyright over all related information and web designs. Any unauthorized copying or commercial use of content obtained from WhyMart.com is strictly prohibited, and WhyMart.com Inc. reserves right to take legal action in the case of such activity.

WhyMart.com Inc. is obligated to safeguard all users' privacy unless WhyMart.com Inc. is granted permission by users or is required by related law. WhyMart.com Inc. may preserve all information submitted by users and may also disclose related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; or (b) respond to claims that any content violates the rights of third-parties; or (c) protect the rights, property, or personal safety of WhyMart.com, other users and the public. About privacy policy, please click here.
6.LINK

WhyMart.com may contain links to other websites. WhyMart.com Inc. builds relation with those website only on the basis of cooperation and as such WhyMart.com Inc. does not have control over such websites and resources provided by those websites. WhyMart.com Inc. does not endorse and is not responsible for validity of any content, advertising, service, product or information from said linking websites. WhyMart.com Inc. is not liable, or responsible, directly or indirectly, for any damage or loss caused by any content, advertising, service, product or information from the linking website.
7.CHARGE

Access to WhyMart.com and registering Free Member are free of charge. WhyMart.com Inc. reserves the right to modify the charging clause and we promise to notify you of the changed clause immediately. WhyMart.com Inc. provides certain services to users who have undergone a specific registration process and agreed to pay for such services ("Premium Services" such as advertising, trade or membership services ). Use of certain services or features of WhyMart.com that are part of a Premium Service are governed by additional terms and conditions under separate agreements in addition to this Terms & Conditions. WhyMart.com Inc. reserves the right to modify the charging clause. Please note that we are not responsible for all hardware, software, service and other costs you incur while accessing our website and Internet based data on our servers. WhyMart.com Inc. reserves the right to change or discontinue, temporarily or permanently, some or all of the services at any time without notice.
8. TERMINATION

WhyMart.com Inc. reserves the right to terminate the service at any time or for any reason, with or without notice, if it concludes that you have provided false information in connection with your member account, are engaged in fraudulent or illegal activities, or are engaged in activities that may damage the rights of WhyMart.com Inc. or others. WhyMart.com Inc. withholds the right to temporarily or permanents terminate membership for any of the following reasons:

1. Utilise WhyMart.com to send spam messages or repeatedly publish the same product information.
2. Post any material to members that is not related to international trade or business cooperation.
3. Impersonate or unlawfully use another companies name to post information or conduct business of any form.
4. Any unauthorized access, use, modification or control of the WhyMart.com database, network or related services.
5. Obtain by any means WhyMart.com member's username and/or password.

9.LIABILITY DISCLAIMER

WhyMart.com will not be liable for interruption to service as a result of acts of god, hardware malfunction, software related problems, or human error. The services available to you on WhyMart.com may contain errors and our service is subject to periods of interruption. While WhyMart.com Inc. does its best to maintain the services available on WhyMart.com, WhyMart.com Inc. cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this website.

WhyMart.com Inc. provides the services on WhyMart.com "as is," with no warranties whatsoever. All express warranties and all implied warranties, including warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law.

In no event shall WhyMart.com Inc. be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the performance of WhyMart.com or from any services provided through this website, even if WhyMart.com has been advised of the possibility of such damages.

If you are dissatisfied with WhyMart.com, or any portion, your exclusive remedy shall be to cease using the website.
10.DISCLAIMER OF WARRANTIES FOR PRODUCTS DATABASE

You expressly agree that use of our database contained on WhyMart.com is at your own risk. WhyMart.com Inc. shall not be responsible for any content found on this database. WhyMart.com Inc. expressly disclaims all warranties of any kind, whether implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. WhyMart.com Inc. makes no warranty that our database will be uninterrupted, timely, securely or error free.

You acknowledge and agree that any material, and/or data downloaded or otherwise obtained through use of the database on WhyMart.com is done at your own discretion and risk. You will be solely responsible for any damages to your computer system or loss of data that result from the download of such material and/or data.

WhyMart.com, WhyMart.com Inc., its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any loss or injury resulting from using of Offer Board or Products Directory on WhyMart.com, or for any decision made or action taken by you in reliance on content contained in Offer Board or Products Director. WhyMart.com, WhyMart.com Inc., its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any direct, consequential, special, incidental, indirect, or similar damages, even if you are advised of the possibility of such damages, resulting from the use or the inability to use the service.

Some jurisdictions do not allow the exclusive of certain warranties, so some of the above exclusions may not apply to you.
11.SECURITY

WhyMart adopts strict security policies. If any member should interfere with our security policies they shall be temporarily or permanently banned from using WhyMart.com and its related services. In addition information published by other members will not be available to those members whose access to WhyMart.com has been terminated.
12. INDEMNIFICATION

You agree to indemnify and hold WhyMart.com, WhyMart.com Inc., its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Offer Board or Product Directory on WhyMart.com, the violation of these terms and conditions by you, or the infringement by you, or other user of Offer Board or Product Directory using your computer, of any intellectual property or other right of any person or entity. WhyMart.com Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

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