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Membership Terms and Conditions (Proprietary rights to contents)

 

This Agreement gives you (hereinafter referred to as the "Member", "you", "trader member" or "content sponsor"), certain benefits, rights and obligations by proceeding with the registration and using the website owned and operated by AsiaTimber.net (hereinafter referred to as the “Website”, the “Service”, "us" or the "Company", and includes all its directors, employees, officers and affiliates).

In consideration of the mutual covenants herein, the Member hereby agrees that he/she has read, understood, consented, and agreed to all terms and conditions in this agreement. The Company reserves the right to revise, modify or add to these terms and conditions from time to time at its sole discretion and without prior-notice. By proceeding with the registration, the Member agrees to review these terms and conditions every time he/she uses the service and the continual usage of the service is taken as acceptance of any modified terms and conditions which may arise. If the Member does not agree with any terms and conditions, he/she must not use this service. The company reserves the right to remove any Member in violation of the terms and conditions immediately without prior notice, so to prevent abuses and to keep this Website comfortable and appropriate for general audience, which includes people of all ages, races, religions and nationalities. The company reserves the ultimate discretion as to which Members, if any, are in violation of these terms and conditions.

1. Eligibility of Membership – Membership for trader member or content sponsor is available to any qualified participant. This may include any person or company carrying on the business of timber or related industries. In the registration form, Member can fill in the key person plus up to 3 designated employees who are authorized to use the web site. The designated employee(s) shall be deemed to be acting on behalf of the company at all times in its interaction with the company and other Members. In the event the designated employee is no longer an authorized person or representative, then Members must update the profile on the Website. Notwithstanding anything to the contrary contained in this agreement, the Company may, in its sole discretion, refuse to accept application for membership and/or limit a Member’s use of its service at any time.

2. Trading Rules – General

  (i)   Members must keep their user name and password confidential at all times.
  (ii)   Only trader members may sell or buy products and services through the Website.
  (iii)   The acceptance of an offer or counteroffer is created within the Website’s exchange when either party accepts an offer or counteroffer from the other party by clicking or selecting the ‘Accept’ button.
  (iv)   Upon receiving the acceptance confirmation the seller will issue a signed sales contract to the buyer and the buyer has 7 days to sign and send back to seller, upon which a legally binding sales contract signed by both parties is created.
  (v)   A sales contract is binding on both parties under the terms contained within the contract and may not be unilaterally altered by any party.
  (vi)   All offers, counteroffers, acceptance, and sales contract on the Website’s exchange are confidential among the buyer, seller and the Company.
  (vii)   The Company reserves the right to revoke the access privileges of any Member that fail to conduct business in an honest and fair manner, abide by applicable laws, or that engage in activities or practices in order to manipulate or circumvent the Website.
  (viii)   Buyers and sellers shall not manipulate the price of any product or service offered on the Website’s exchange, either through use of shills, aliases or decoys, or by acting as the other in respect of such proposed trade.
  (ix)   Members are responsible for paying all applicable taxes and for all hardware, software, services and other costs and expenses they incur to sell, buy or access the Website.
  (x)   Buyer may buy from any seller.
  (xi)   Buyers are solely responsible for their ability to meet all financial commitments made.
  (xii)   Sellers are solely responsible for verifying the buyer’s creditworthiness and authority based on their own criteria.
  (xiii)   Both parties have an obligation to keep their listings on The Website updated at all times as well as to cancel his or her postings immediately if the product is no longer needed or available.
  (xiv)   Sellers can only sell their own products and services, and make counteroffers on seller’s own products and services.

3. System Integrity - Each Member agrees:

  (i)   No foul or otherwise inappropriate language will be tolerated in any information. Members in violation of this rule are subject to being removed immediately and without warning.
  (ii)   No racist, hateful or otherwise offensive comments will be tolerated.
  (iii)   No illegal or deceptive acts - No posting of activities that would be illegal under the laws of Malaysia, or of the state or country of domicile of the person posting the registration shall be allowed.
  (iv)   Any registration that appears to be merely a test posting, a joke or otherwise insincere or non-serious is subject to removal.
  (v)   Malicious Intent - Each Member agrees not to upload or distribute files that contain viruses, corrupted files or any other similar programs that may damage the operation of the Website or another's computer, not to interfere or disrupt networks connected to the site, not to impose an unreasonable large load of infrastructure on the Website and not to disclose a Member's password to third parties or use the Member's password for any unauthorized purpose.
  (vi)   Circumvention of this site is prohibited.A Member shall not identify and engage in negotiations with a counterparty on the exchange and then agree on the terms of the same transaction off the exchange or otherwise circumvent the payment of the Service fees.

4. Termination – At any time, based on failure to comply with any of the terms of this agreement, the Company may immediately terminate the Member the access and use of this Website, or to complete any transaction arranged on this Website.Member may terminate membership by contacting the Website.

5. Intellectual property – All site content is Copyright © 2000-2001 AsiaTimber.net. All Rights Reserved. The Member acknowledges and agrees that the Company exclusively owns all rights, title, trademark and interest in and to the information received through the Website and all proprietary rights to the information including configurations, displays, and screens on a worldwide basis. Reproduction, distribution, and transmission of any form of information obtained from the Website, in full or in extract, is strictly prohibited, except with the Company's prior written permission.

The Member further agrees not to use or permit anyone to use the information provided through the Website for any unlawful or unauthorized purpose.

Member may post member profile, offers, messages and information on the Website. The Member agrees that, upon the posting of any such information, he/she grants the Company a non-exclusive, worldwide, irrevocable, perpetual license without royalty to use, distribute, publish, transmit, modify, reproduce and derive other works from such material in any media, in all forms, in full and in extract. The Company reserves the right to use such information without the consent of the Member but in accordance with its Privacy Policy.

6. Disclaimer or Warranties - The company do not make any warranties, express or implied, as to the use of the Website and the information obtained from it or the results to be obtained from the use of such information including, without limitation, any warranties or merchantability or fitness for a particular purpose or use. Use of the Website is entirely at the Member's own risk. The Company obtain information, news, statistics, data and other information from Members or sources considered reliable, but such information is not guaranteed, and the Company does not make any representation as to the accuracy, reliability, timeliness, or completeness, or continued availability of the information. Such information may be dated and is subject to change. The Website is provided on "as is" and "as available" and the Company makes no warranty that the Website will meet a Member's requirement, or that the Website will be uninterrupted, timely, secured or error-free or that defects in the Website will be corrected. The Company makes no warranty on any products or services purchased or any transactions entered into through the Website. No advice or information, whether oral or written, obtained by Member from us or through the Website shall create any warranty not expressly made herein. The Company shall not be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive, indirect, special, incidental or consequential damages or for other damages. The Company shall not be responsible or held liable for any system, server or connection failure, interruption and delay or computer virus, and any related claims of any nature, including direct, indirect, third party, consequential or other damages.

7. Indemnification - Member agrees to be solely responsible for the content of registration and posting on the Website and will indemnify the Company and hold it harmless for any losses or damages to himself or herself or to others that may result directly or indirectly from such registration or posting or trade agreement. The Member represents and warrants to the Company that all Information provided by the Member in the registration and usage of the Website, including but not limited to offer, profile, commentary, statements, ideas and opinions and any other information which the Company may require from time to time, are true, accurate, and correct. Any such information posted by Member is not endorsed nor guaranteed by the Company in any way. The Member should exercise judgement and discretion in the use of such information which may be misleading. The Company shall have no liability relating to the use of such information. The Member shall indemnify and hold the Company harmless from all liabilities, damages and expenses resulting from any third party claim arising from any inaccurate, incorrect or untrue statements made by the Member in using the Website or the Member's use of the Website. The Company reserves the right to disallow or remove, at its discretion and without notice, any information posted by Member which it deems inappropriate. This includes, but is not limited to, content that is unlawful, libelous, obscene or harmful in any way. The postings of such information will lead to the termination of membership. The Member agrees that he/she will be the only authorized user of the Website through his/her user name and password, and that the Member will not disclose his/her user name or password to any other person for the purpose of facilitating such person's use and access of the service. If the Member allows such person's unauthorized use of the service through his/her user name and password, the Member agrees to indemnify and defend the company against any liabilities, damages and expenses arising out of third party claims relating to such unauthorized access and use. If the Member believes that his/her user name and password has been used without authorization, the Member should notify the Company immediately, failing which he/she will remain liable for the unauthorized use.

8. Links to third-party websites - The Company provides links to third-party websites as a convenience to Members. Such links do not represent an endorsement, implied or otherwise, of the sites or any products or services in the sites. The Member agrees that under no circumstances shall the Company be held liable for any loss, damages or expenses which may arise from the use of such linked sites.

You are free to establish a hyperlink to AsiaTimber.net from your website so long as the page containing the link properly attributes the linked site to this Website and does not in any way imply AsiaTimber.net sponsorship of your site.However, you may not, without obtaining Asiatimber.net’s written permission, make any copies on your site of any content from this Website as a part of the hyperlink.

9. Dispute resolution and applicable law - This membership agreement is governed in all respect by and construed in accordance with the laws of Malaysia. Members who access the service from outside Malaysia are required to comply with local laws.

 

 
 
     


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