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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
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(i) |
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Members
must keep their user name and password confidential at all times. |
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(ii) |
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Only
trader members may sell or buy products and services through
the Website. |
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(iii) |
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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. |
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(iv) |
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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. |
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(v) |
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A
sales contract is binding on both parties under the terms contained
within the contract and may not be unilaterally altered by any
party. |
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(vi) |
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All
offers, counteroffers, acceptance, and sales contract on the
Website’s exchange are confidential among the buyer, seller
and the Company. |
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(vii) |
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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. |
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(viii) |
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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. |
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(ix) |
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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. |
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(x) |
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Buyer
may buy from any seller. |
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(xi) |
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Buyers
are solely responsible for their ability to meet all financial
commitments made. |
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(xii) |
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Sellers
are solely responsible for verifying the buyer’s creditworthiness
and authority based on their own criteria. |
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(xiii) |
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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. |
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(xiv) |
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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:
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(i) |
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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. |
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(ii) |
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No
racist, hateful or otherwise offensive comments will be tolerated. |
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(iii) |
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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. |
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(iv) |
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Any
registration that appears to be merely a test posting, a joke
or otherwise insincere or non-serious is subject to removal. |
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(v) |
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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. |
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(vi) |
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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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