| Terms and Condition
Agreement Detail:
The following Terms and Conditions govern the relationship between aseansources Limited ("aseansources") and all Members and the use of the web site provided by aseansources located on the internet at www.aseansources.com (the "Site"). aseansources reserves the right to amend and/or supplement these Terms and Conditions from time to time as it may deem appropriate. Any such change shall be deemed effective [10] days after posting on the Site, and Members shall be deemed to have consented thereto by continuing use of the Site after such effective date.
1. Membership
Two classes of Membership are available under the site: Normal Member and Subscription Member. Aseansources 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 aseansources of any unauthorized use or loss of its Password or any other breach of security.
Each Member shall provide aseansources with a list of persons ("Authorized Persons") who are authorized to represent it in taking part in the listing and trade lead maintenance. The Member may update the list of Authorized Persons and so inform aseansources 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. aseansources 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, aseansources 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 aseansources from time to time.
4. Trading on the Site - Limited Role of aseansources
ASEANSOURCES 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 aseansources assumes no responsibility whatsoever in relation to the sale and purchase of Products between the Members on the Site.
It is understood that aseansources 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 aseansources, 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. aseansources 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 aseansources'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 aseansources from time to time.
6. Value Added Services
Aseansources 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) aseansources 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 aseansources as to, and aseansources 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 aseansources in connection with the operation of the Site and the transactions conducted thereon shall be the exclusive property of aseansources. All third party content published or posted by aseansources 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 aseansources shall have no responsibility therefore. To enable aseansources to use such information as the Members may provide and data developed or collected by aseansources in connection with the operation of the Site and the transactions conducted thereon, each Member grants to aseansources 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 aseansources Members Privacy Policy (see above).
For the purposes of any applicable privacy law, each Member hereby consents to aseansources's use of any data supplied by it for aseansources's own internal use, administration, audit, security, debt recovery and direct marketing purposes, to aseansources's supplying such data to other group members of aseansources, the Value Added Providers or selected third parties to use for such purposes, and to aseansources'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 Malaysia that may not have similar laws and legislation protecting such data.
For the avoidance of doubt and without limitation to the foregoing, data held by aseansources relating to each Member will be kept confidential but aseansources may provide such data (including the details and particulars of Members, contract terms, Product specifications, pricing information and related items pertaining to the sale and purchase of Products on the Site) to (i) any agent or Value Added Provider who provides services to aseansources in connection with the operation of its business; (ii) any person under a duty of confidentiality to aseansources who has undertaken to keep such data confidential; (iii) any actual or proposed assignee or transferee of aseansources's rights in respect of such Member; and (iv) any government department of Malaysia. Each Member hereby expressly authorizes, directs and instructs aseansources to release, disclose and make available such data as and in the manner described above.
9. Termination of Membership
Either aseansources 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, the Member shall pay and settle all outstanding Commissions and any other amounts due to aseansources in full within 30 days after the date of termination. .
10. Indemnification
Each Member agrees that it will indemnify, defend and hold aseansources, 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. aseansources 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 aseansources.
11. Disclaimer of Warranties
ASEANSOURCES PROVIDES THE SITE AND THE CONTENT ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND ASEANSOURCES 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. ASEANSOURCES DOES NOT WARRANT THAT THE SITE OR THE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ASEANSOURCES 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. ASEANSOURCES 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 ASEANSOURCES 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, aseansources 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
ASEANSOURCES 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 ASEANSOURCES 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 aseansources nor any officer, affiliate, director, shareholder, agent or employee of aseansources 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 aseansources 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 aseansources on the list of Authorized Persons provided to aseansources 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 aseansources's contractors or suppliers, or any other condition beyond aseansources's control.
13. Governing Law
These Terms and Conditions shall be governed by the laws of Malaysia and country where the company represented located. Each Member agrees that any controversy or claim arising out of or relating to these Terms and Conditions and the relationship between aseansources 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 aseansources to take proceedings in any other jurisdiction nor shall the taking of proceedings in one jurisdiction preclude aseansources 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 aseansources using the Site or otherwise (collectively, "Submissions") are not confidential and shall become and remain the property of aseansources. Any such Submissions shall be deemed to include a worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license for aseansources 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. aseansources 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 aseansources, by e-mail to info@aseansources.com, by fax to (60)3-5635 0280, or by mail or delivery to Wisma MBG, No 1, Jalan PJS 11/8, Bandar Sunway, 46150 Petaling Jaya, Selangor, Malaysia for the attention of Customer Services Support, aseansources, or, in the case of a Member, by e-mail, fax, mail or delivery to the Member's e-mail address, fax number or mailing address (as provided by the Member to aseansources during the registration process or as later notified by the Member). Notice shall be deemed effective 24 hours after an e-mail or fax is sent, or, in the case of mailing or delivery, one day after the date of receipt.
No Waiver. The failure by aseansources 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 aseansources from time to time, comprise the entire agreement between Member and aseansources 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 aseansources 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 aseansources and any Member (whether it is a Buyer or Seller).
Privacy Policy
Thanks and Welcome To Aseansources.com
This is the Privacy Policy governing your use of the Aseansources.com site. Aseansources.com understands that privacy is a very important concern for our members and will do our best to protect the privacy of our members.
1. Registration and use of
In order to use and be a member of Aseansources.com, users, who visit and use Aseansources.com, are requested to provide some of theirs specific information, such as user full name, company address, country, phone number, email address and others, by filling out a registration form provided by Aseansources.com. Those information provided by users will be exposed to the general public with the goal of providing better service to the members of Aseansources.com
2. Member ID and Password
When users register as a member of Aseansources.com, users has to select their member ID and Password. The registered password shall not be exposed and users can change it whenever users wish to do so. Members can access their account only after login using the right ID and Password. Members are entirely responsible for maintaining the confidentiality of their password and account.
3. Use of Information
We may use the information you provide to respond to your requests for additional information, to contact you, if necessary, to service your account or for other administrative purposes. We may also access your information to resolve disputes, to troubleshoot problems, to enforce agreements between us, or to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our Site's content, layout and service specifically for you for marketing.
We may use Information you provided to execute marketing campaigns, promotions or advertising messages on behalf of third parties; however, in these circumstances, your Information will not be disclosed to such third parties unless you respond to the marketing, promotion or advertising message
We may also use the information you provide for certain mailing initiatives. For example, you may sometimes receive an invitation to answer surveys or try out new products and services from Aseansources.com. Your feedback helps us develop new products and services based on your needs.
You always have a choice about receiving mailings, surveys or information about products and services from us. Each email you receive has an "Unsubscribe" option. As a registered member, you can also advise us which types of e-mail you wish to receive by updating your Mailing Lists page.
4. Aseansources.com Respects Your Privacy
We also reserve the right to disclose user information and will not sell, trade or rent personally identifiable information about our users to other parties, without our users' consent. We do, however, share certain aggregate information about our users with advertisers, i.e. XX% of site visitors is from France . This enables us to constantly build a large database of products and suppliers, giving you wider sourcing options.
5. Disclosure of Information
We reserve the right to disclose your Information to relevant authorities where we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be infringing or threatening to infringe, or who may otherwise be causing injury to or interference with, the title, rights, interests or property of Aseansources.com, our Users, customers, partners, other web site users or anyone else who could be harmed by such activities.
We also reserve the right to disclose your Information in response to a subpoena or other judicial order or when we reasonably believe that law, regulation or administrative order of any court, governmental or regulatory authority, requires such disclosure.
If we have reason to believe that a User is in breach of the Terms and Conditions of User Agreement or any other agreement with us, then we reserve the right to make public or otherwise disclose such User's Information in order to pursue our claim or prevent further injury to Aseansources.com or others.
6. Corrections of Inaccuracies
We are committed to providing reasonable and practical access to you to identify and to correct any inaccuracies in or to update the information you may provide. Our users who have provided information on our web site can contact our Customer Services Department at info@aseansources.com or use the relevant automated updating system (where applicable) to make corrections or updates.
7. Security Measures
Aseansources.com do its best to protect the loss or/and misuse of the information of our user and/or members. These security measures include backing up data to other servers. However, despite our security measures, we cannot make a complete security on the Internet and will not bear any responsibility for what's happening on. All members are advised to take normal business precautions to handle any business/trade opportunities as facilitated or forwarded from our web sites. Member must inform us via e-mail to info@aseansources.com of any unauthorized use of their account or any other breach of security
As a Registered User, your Registration Information can be viewed and edited through your Account, which is protected by Password. We recommend that you do not divulge your Password to anyone. Our personnel will never ask you for your Password in an unsolicited phone call or in an unsolicited e-mail. If you share a computer with others, you should not choose to save your login information (e.g., User ID and Password) on the computer. Remember to sign out of your Account and close your browser window when you have finished your session.
8. Sharing Information
Aseansources.com does not reveal or share its users or members individual information with any third parties. However, in the case of being a partner with another party to provide our members with specific and/or better services, we will share names or other contact information of our members. The said party who shared the information with us is not allowed to personally use the information except for the purpose of these services.
9. Notification Changes on Privacy Policy
Any changes to on this Privacy Policy will be communicated through our posting an amended and restated Privacy Policy on our Site. We reserve the right to change this privacy and policy regarding the use of service at any time without any prior consent from the members. Your continued use of the service will signify your acceptance of the changed Privacy Policy as well. If you do not agree to the new changes in our Privacy Policy, you should email us at info@aseansources.com
10. Credit Card Information
Most sections of Aseansources.com is currently being operated free of charge base. However, some of those services may require a fee in the future. If Aseansources.com elects to do so, it will inform the users without delay. In this case, Aseansources.com may collect the necessary information of users credit card.
11. Our Contact Information
Please contact us if you have any queries, comments or concerns or require any help on the Privacy Policy and other related matters, please feel free to contact us at info@aseansources.com
|
