PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH AASOURCE.COM OFFERS YOU ACCESS TO THE SERVICE.
- Acceptance of Terms
The following describes the terms and conditions between you and AASource.com ("Website") under which AASource.com offers you access to the Service. Use of the Service indicates that you accept the terms and conditions set forth below. If you do not accept all of the terms and conditions, then you will not be permitted to use the Service.
We may amend the terms and conditions from time to time in our sole discretion without notice or liability to you. The amended terms and conditions shall automatically be effective immediately upon posting of the same upon AASource.com. Once the amended terms and conditions have been posted on AASource.com, you will be deemed to have notice of the same, and your continued use of the Service at any time thereafter shall be deemed to constitute acceptance by you of the amended terms and conditions.
In these terms and conditions, you shall be referred as "User". This Website is operated, and the Service shall be provided, by AASource.com. References in these terms and conditions to "we", "us", or "Website" shall be deemed to be references to AASource.com.
- The Service
2.1The Service shall be provided only to business or corporate entities (e.g. corporation, limited liability company, partnership, sole proprietorship etc.). AASource.com's decision as to whether or not to accept any subscription from, and to provide the Service to, any particular User shall be final.
2.2The User shall be required to register, on a pay or free-of-charge basis, and/or provide personal data to AASource.com in order to use the Service and/or to have access to certain information available on or through AASource.com. Refusal to supply personal data, or the provision of incorrect or inaccurate personal data, may result in AASource.com being unable to process the User's requests or to provide the Service to the User. The User hereby agrees and confirms that AASource.com shall not be liable for any loss or damage arising from any failure by AASource.com to provide the Service or to comply with any request of the User as a result of the User's failure to comply with its obligations under this Clause 2.2.
2.3AASource.com may allow Users access to products and services offered by third party websites through hyperlinks or "co-branded" sites accessible through AASource.com. The User acknowledges that AASource.com has no control over such third party websites and AASource.com shall not be responsible or liable to the User or any other person for the contents or availability of such websites, or any goods, products or services made available on such websites, and AASource.com does not endorse or approve, and is not responsible or liable for, and does not make any warranties, representations or undertakings about, any content, advertising, product or other material on or available from such third party websites.
The User further acknowledges and agrees that AASource.com shall not be responsible or liable, directly or indirectly, for any loss, claims, damages or actions arising from or caused or alleged to be caused by or in connection with the use of or reliance on any information or content available on or through such third party website or any underlying transaction between the User and any such third party.
The User may not link AASource.com to any other website without AASource.com 's prior written consent. 2.4AASource.com reserves the right to limit, deny or create different priorities to different Users or to change the Service and/or all of its features and/or to change, upgrade, modify, alter, limit or terminate the Service at any time temporarily or permanently without prior notice and for any or no reason at its sole and absolute discretion. AASource.com further reserves the right to introduce new features, functionalities and/or applications to the Service or to future versions of the Service. All new features, functionalities, applications, modifications, upgrades and alterations of AASource.com shall be governed by these terms and conditions, unless otherwise stated by AASource.com.
AASource.com does not warrant any continuity of connection, transmission over, security of, or results from, the use of the Service or otherwise in connection with the use of AASource.com, and the User hereby agrees that in no event shall AASource.com be liable to the User or any third parties for any inability to use the Service, any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage arising there from or occasioned thereby or for the results obtained from the User's use of the Service. 2.5AASource.com cannot guarantee that any messages sent over the Internet will be completely secure. AASource.com will not accept any responsibility for any damages incurred by the User if the User sends a message to AASource.com, or if AASource.com sends a message to the User at its request, over the Internet. AASource.com shall not be responsible in any manner for direct, indirect, special or consequential losses or damages howsoever arising out of the use of AASource.com. Communications over the Internet may be subject to interruption, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet or otherwise. 2.6AASource.com is unable to guarantee that third parties will not be able to independently gain access to confidential information or data (including without limitation payment details and details of the User's personal identity) passing to or via AASource.com. Accordingly, AASource.com does not accept any responsibility or liability whatsoever for any loss or damage suffered or incurred by the User as a result of any use or mis-use of any such confidential information or data by any such third party and the User agrees and acknowledges that its use of AASource.com shall be solely at its own risk.
- User's Responsibility
3.1As a condition of the User's use of AASource.com, the User must not, and hereby agrees that it will not: i. trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of AASource.com 's servers, and/or any data areas for which the User has not been authorized by AASource.com; ii.restrict or inhibit any other user from using and enjoying AASource.com; iii.upload, post, publish, transfer or transmit to AASource.com, or include in any message communicated through or using the Email Account, any information, data, software files or other material which (a) is or is in AASource.com's opinion misleading, inaccurate, deceptive, unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable (or is likely to be perceived as such by any recipient), including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law; iv.upload, post, publish, transfer or transmit to AASource.com, or include in any message communicated through or using the Email Account, (a) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding or (b) any information which may materially misrepresent facts which may be damaging or injurious to AASource.com, its Users or their respective agents; v.upload, post, publish, transfer or transmit to AASource.com, or include in any message communicated through or using the Email Account, any information or software which contains any virus, trojan horse, worm or other harmful component, or which is damaging to data, software or the performance of AASource.com's or any other parties' computer system, or which adversely affects the performance or availability of AASource.com; vi.upload, post, publish, transfer, transmit, reproduce, distribute or in any way exploit any information obtained by the User from or through AASource.com for commercial purposes; or vii.upload, post, publish, transfer, transmit, reproduce, or distribute in any way, any information, data, software files or other materials which (a) is obtained through AASource.com which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without the prior written permission of the copyright owner or right holder, or (b) is a breach of any person's rights (including without limitation copyright, confidentiality and any other intellectual property right). 3.2The User has no rights in or to the information available on AASource.com and will not use the information available on AASource.com in any manner or for any purpose, except as permitted in writing under these terms and conditions. 3.3The User agrees to indemnify AASource.com in full from and against any and all claims, liabilities, losses, damages, expenses and other costs whatsoever suffered or incurred by AASource.com as a result of any breach of the User's obligations under Clauses 3.1 and/or 3.2, including, but not limited to, any claims made against AASource.com by any third party.
- Transactions between Buyers and Suppliers
4.1AASource.com is not involved in, or a party to, any contract entered into between the User and any other party as a result of the use of the Service. The User hereby acknowledges and agrees that AASource.com has no control over, and makes no representations, warranties or undertakings with regard to, the quality, safety or legality of any items offered for sale on or through the Service, the truth or accuracy of any listings appearing on AASource.com, the ability of the suppliers to sell or deliver the items or the ability of buyers to buy the items or to pay the purchase price therefor. Further, AASource.com cannot and does not control whether or not sellers will complete the sale of items they offer for sale or buyers would complete the purchase of the items they procure through the Service. In addition, the User hereby acknowledges that there may be risks of dealing with foreign nationals, underage persons or people acting under false pretences.
4.2The User shall be solely responsible for all of the terms and conditions of any contract or transaction entered into between the User and any other party (whether buyer or seller, as the case may be), including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. AASource.com shall have no responsibility or liability in respect of any such contract or transaction, or the performance or breach by any party of any of the terms and conditions of such contract.
4.3AASource.com does not endorse or make any representation or warranty whatsoever (whether express or implied) and shall not be responsible or liable under any circumstances whatsoever, in respect of
(a) any third party website hyperlinked to AASource.com, or any products, services, information, data or other content offered or provided therein; and/or
(b) any product, service, information, data or other content offered or provided by third parties in or through AASource.com. 4.4As AASource.com acts only as a facilitator to the transactions between the User and other users of the Service, AASource.com shall have no liability for the failure of any items bought or sold via the Service to meet or comply with any specifications, requirements or descriptions or for the breach or alleged breach of any warranty given or made by the supplier (whether express or implied by law) or for the failure of the supplier to deliver the items to the buyer or for the failure of the buyer to accept delivery or to make payment of the purchase price therefor. As a condition for the use of the Service, the User agrees that it shall look solely to the other party to the transaction for damages or liabilities incurred as a result of any failure to meet or comply with any specification, requirement or description, breach or alleged breach of warranty or failure to make delivery or failure to make payment.
- Prohibition of Access
5.1AASource.com reserves the right at any time to prohibit or deny the User access to AASource.com or any part thereof, and to cancel the User's right to the Service, immediately and without notice, where AASource.com is of the opinion that the User has breached any of these terms and conditions, or if AASource.com considers, in its sole and absolute discretion, that such prohibition or denial is appropriate, desirable or necessary for any reason whatsoever. AASource.com shall not be obliged to provide to the User any reason for any such prohibition or denial, or for any cancellation of the User's subscription to the Service.
- Partial Invalidity
6.1The illegality, invalidity or unenforceability of any provision of these terms and conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
7.1The User irrevocably agrees to defend, indemnify and hold AASource.com and its affiliates harmless from and against any and all liabilities, damages, losses, claims, actions, costs and expenses (including without limitation legal fees on a full indemnity basis), suffered or incurred by AASource.com (or its affiliates) in connection with or arising from any breach by the User of any of these terms and conditions and/or its use of AASource.com. AASource.com may, if required by AASource.com, participate in the defence of any claim or action made by any party against the User which relates to the Service or the use of AASource.com, and any negotiations for settlement thereof. No settlement which may adversely affect AASource.com's rights or obligations shall be made without AASource.com's prior written approval. AsianSourcing.com reserves the right, at its own expense and on notice to the User, to assume exclusive defence and control of any such claim or action.
- Intellectual Property Rights
8.1All intellectual property rights (including without limitation copyright and trade marks) subsisting in AASource.com belong to AASource.com or have been lawfully licensed to AASource.com for use on the Website. All rights under applicable laws are hereby reserved. Except with the prior permission of AllsianSourcing.com, the User shall not upload, post, publish, reproduce, copy, transfer, transmit or distribute in any way any component of AASource.com itself (or its source HTML code) or create any derivative works thereof, in whole or in part, in any manner other than for the purposes of utilizing AASource.com (meaning that the User may only display AASource.com on its computer screen and print it out for the sole purpose of viewing its content in connection with the relevant transaction). 8.2Copyright and all other intellectual property rights subsisting in any database accessible via AASource.com and each and every piece of information provided through this Website is owned by AASource.com or the third party providers of such information. The User may use information retrieved from AASource.com only for the purposes of reference in respect of which it was posted to AASource.com. 8.3The User agrees that AASource.com is entitled to use, disclose, adopt and modify all and any ideas, concepts, know how, proposals, suggestions, comments and other communications and information provided by the User to AASource.com ("Information") in connection with AASource.com and/or the Service without any payment to the User. The User hereby waives and agrees to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to AASource.com's use, disclosure, adoption and/or modification of any or all of the Information.
- Limited Liability and Warranty
9.1THE USER'S ACCESS TO AND USE OF AASOURCE.COM IS AT THE SOLE RISK OF THE USER. AASOURCE.COM (INCLUDING, WITHOUT LIMITATION, ITS CONTENTS, FUNCTIONALITY, PERFORMANCE AND FEATURES) IS PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, FOR THE USER'S PERSONAL USE ONLY AND AASource.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND ALL WARRANTIES, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY OR COMMITMENT THAT ACCESS OR USE WILL BE UNINTERRUPTED OR ERROR FREE) ARE EXPRESSLY EXCLUDED. 9.2ACCORDINGLY, SUBJECT ONLY TO CLAUSE 10.4, AASOURCE.COM SHALL NOT BE LIABLE FOR ANY LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF ITS USE OF OR INABILITY TO ACCESS THE WEBSITE. IT SHALL BE THE USER'S RESPONSIBILITY TO MAKE ALL NECESSARY COPIES AND BACKUPS OF ANY INFORMATION OBTAINED OR AVAILABLE FROM AASOURCE.COM. ACCORDINGLY, SUBJECT TO CLAUSE 10.4, THE USER AGREES NOT TO BRING A CLAIM OF ANY NATURE AGAINST AASOURCE.COM IN RELATION TO THE USER'S USE OF OR ACCESS TO THE WEBSITE EXCEPT WHERE SUCH A CLAIM CANNOT BE EXCLUDED BY LAW. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, AASOURCE.COM'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE USER ACKNOWLEDGES AND AGREES THAT AASOURCE.COM WILL HAVE THE RIGHT (SUBJECT TO THE DISCRETION OF THE COURT) TO A STAY OF PROCEEDINGS IF THE USER BRINGS ANY CLAIM AGAINST AASOURCE.COM IN BREACH OF THE FOREGOING. 9.3AASOURCE.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITE. AASOURCE.COM IS NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN THE USER AND ANY THIRD PARTY. 9.4Neither AASource.com nor any of its affiliates shall guarantee, represent or warrant or assume any responsibility that: i.the information on the website AASource.com is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference; ii.the information on the website AASource.com is free of defect, error, omission, virus or anything which may change, erase, add to or damage the User's software, data or equipment; iii.messages sent through the internet will be free from interception, corruption or loss; iv.access to the website AASource.com will be available or be uninterrupted; or v.defects in the website AASource.com will be corrected. 9.5In no event will AASource.com or its affiliates be liable to the User or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, any information on the Website, even if AASource.com or its affiliates have been advised of the possibility of such damages. 9.6The User will exercise and rely solely on its own skill and judgment in its use and interpretation of any information on the Website. The User is responsible to ensure that its use of the information complies with all applicable legal requirements.
- Governing Law
11.1These Terms and Conditions shall be governed in all respects by the laws of the Hong Kong Special Administrative Region ("Hong Kong") and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the Hong Kong courts.
12.1The User may not transfer or assign its rights or obligations under these Terms and Conditions without AASource.com's prior written consent. 12.2AASource.com will not be liable to the User for failure to fulfill obligations caused by events outside AASource.com's control, including without limitation, any difficulties experienced by the User in accessing AASource.com. 12.3These Terms and Conditions constitute the entire agreement between AASource.com and the User relating to the User's use of AASource.com and shall supersede and replace all other contracts, discussions, letters or communications (whether written or oral) relating to the subject matter hereof save that neither party excludes liability for any fraudulent misrepresentations made by it to the other party upon which the other party can be shown to have relied.
SUPPLIER LISTING TERMS & CONDITIONS
Interpretation : In these Terms and Conditions,
"Supplier" shall mean the sole proprietorship, partnership or limited company that submits the Listed Information to AASource.com;
"we", "us" or "Website" shall mean AASource.com;
"Listed Information" shall mean the company profiles, information and product photos and descriptions with such form and content as the Supplier may, from time to time, submit to AASource.com to be considered for uploading onto the Website subject to these Terms and Conditions;
"Hong Kong" shall mean the Hong Kong Special Administrative Region of the People's Republic of China;
"Terms and Conditions" shall mean the terms and conditions set out in this document, as the same may be amended, from time to time, in accordance with Clause 3 hereof;
- Amendment of Terms : AASource.com shall be entitled, at all times and in its sole discretion, to amend the provisions of the Terms and Conditions, and any such amendments shall be binding upon the Supplier forthwith.
- Fee : The charge as per service package offered by AASource.com in respect of listing of content, text or illustrations and product photos at AASource.com to be paid by the Supplier.
- Posting of Listed Information : Supplier's Listed Information and all ancillary materials thereto are subject to AASource.com's review, editing and prior approval before posting for public release at AASource.com, and such approval may be given or withheld in the sole discretion of AASource.com. AASource.com shall be entitled, in its sole discretion, to refuse or require to be amended any materials or copy for or relating to the Listed Information in such manner and for such reason as AASource.com, in its sole discretion, considers appropriate (including, without limitation, refusals or amendments required so as to (i) comply with any applicable laws or regulations; or (ii) avoid infringing the legal or moral rights of AASource.com or any third party; or (iii) comply with the production and quality specifications required for the Website). The consent of AASource.com to the posting of Listed Information shall not release the Supplier from the warranties and indemnities contained in these Terms and Conditions.
- Copyright : All intellectual property of whatsoever nature designed, created or prepared by AASource.com arising out of or in connection with the Website shall be and shall remain the property of AASource.com, and shall not be reproduced by the Supplier or any third party without the prior written consent of AASource.com. The Supplier hereby grants AASource.com a non-exclusive royalty-free bare license to use such intellectual property as the Supplier owns or for which the Supplier has a license to use, to the extent that AASource.com considers necessary to perform the Listing.
- Supplier's Property held at Supplier's Risk : All information, artwork, photographs or other property delivered by the Supplier to AASource.com is held by AASource.com at the Supplier's risk and AASource.com shall not be liable to the Supplier for any damage to or loss of (howsoever caused) any such artwork, photographs or other property. AASource.com reserves the right to destroy without notice all artwork, photographs or other property supplied by the Supplier on or after the terminated listing of Supplier's information on the Website.
- Allocation of Listing : While AASource.com will use its reasonable endeavours to place the Supplier's Listed Information in such product category and location on the Website as the Supplier reasonably considers to be appropriate, AASource.com shall be entitled to place the Listed Information in such product category and location on the Website as AASource.com in its sole discretion, considers to be appropriate.
- Supplier's Warranty and Indemnity : The Supplier warrants (i) that the Listed Information is legal, decent, honest, accurate, complete and truthful; (ii) that it complies with all applicable codes of practice and with all requirements of current legislation in force or applicable in Hong Kong; (iii) that nothing in the Listed Information is defamatory or constitutes a malicious falsehood; (iv) that the posting of the Listed Information will not breach any contract or infringe or violate copyright, trademark or any other intellectual property rights or any other personal or proprietary right of any third parties or render AASource.com liable to any proceedings whatsoever; and (v) in respect of any Listed Information which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, the Supplier has obtained the authority of such living person to make use of such name, representation and/or copy. The Supplier hereby agrees to indemnify AASource.com, and to keep AASource.com indemnified in full in respect of all costs, damages, expenses, losses, liability or other charges (including, without limitation, any special, indirect, incidental or consequential damages) suffered or paid by AASource.com arising out of or in connection with any breach by the Supplier of the warranties herein set out and/or any breach by the Supplier of any provision of these Terms and Conditions.
- Limitation of Liability : (i) AASource.com will not be liable for any delays in delivery and/or non-delivery in the event of an act of God, action by any government entity, transportation, strike, network difficulties, electronic malfunction, etc. or any feasibility, reliability, or effectiveness related to the Website. (ii) AASource.com does not represent or warrant (whether expressly or impliedly) that the Website will meet the objectives or needs of Supplier or any third party. (iii) AASource.com does not warrant or represent (whether expressly or impliedly) that access to or use of the Website will remain uninterrupted or error-free, and in no event will AASource.com be liable for any failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, or any other nonperformance related to the Website. (iv) AASOURCE.COM SHALL NOT BE LIABLE FOR ANY COSTS, DAMAGES, EXPENSES, LOSSES, LIABILITY OR OTHER CHARGES (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, NOTWITHSTANDING THAT AASOURCE.COM MAY HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH COSTS, DAMAGES, EXPENSES, LOSSES, LIABILITY OR OTHER CHARGES, AND ANY AND ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL ADDITIONAL DAMAGES, COMPENSATION OR INDEMNIFICATION ARE, INSOFAR AS PERMITTED BY LAW, HEREBY EXPRESSLY EXCLUDED.
- Listing Termination : AASource.com reserves the right to unilaterally terminate the posting of all or any part of any Supplier’s Listed Information (including, without limitation, any wording, graphic reproduction, photos, illustrations or any other provided materials whatsoever) at any time without providing any reason(s). Without prejudice to the rights and remedies of AASource.com on the termination of the Listing (which are hereby expressly reserved), AASource.com is not liable to any compensation in whatever manner to the Supplier for any such listing termination.
If the Supplier requires a termination of posting at the Website all or part of its provided Listed Information, the Supplier is required to send a formal written notification by postal mail, fax or email to AASource.com.
- Information : The Supplier agrees that AASource.com, all companies or other business entities with which AASource.com is associated, and their respective representatives, agents or employees may, from time to time, send the Supplier inquiries, news, marketing messages, other information and updates regarding AASource.com and its associated companies.
- Governing Law : These Terms and Conditions shall be construed under and governed by the laws of Hong Kong and the parties submit to the non-exclusive jurisdiction of the Courts of Hong Kong.